Rule number two The term "medical advertisements" as mentioned in these Measures refers to advertisements that directly or indirectly introduce medical institutions or medical services through various media or forms.
Rule three. Medical institutions should apply for medical advertisement examination before publishing medical advertisements. Without obtaining the "medical advertisement examination certificate", no medical advertisement shall be published.
Article 4? The administrative department for industry and commerce is responsible for the supervision and management of medical advertisements.
The administrative department of health and the administrative department of traditional Chinese medicine are responsible for the examination of medical advertisements and the supervision and management of medical institutions.
Article 5? Non-medical institutions shall not publish medical advertisements, and medical institutions shall not publish medical advertisements in the name of internal departments.
Article 6? The contents of medical advertisements are limited to the following items:
(1) The name of the medical institution;
(2) The address of the medical institution;
(3) Form of ownership;
(4) Category of medical institutions;
(five) diagnosis and treatment subjects;
(6) Number of beds;
(seven) the consultation time;
(8) Contact telephone number.
The contents published in items (1) to (6) must be consistent with the contents specified in the Practice License for Medical Institutions issued by the administrative department of health and the administrative department of traditional Chinese medicine.
Article 7? The manifestations of medical advertisements shall not contain the following circumstances:
(a) involving medical technology, diagnosis and treatment methods, disease names and drugs;
(2) Guaranteeing or implying a cure;
(three) to publicize the cure rate, effective rate and other diagnosis and treatment effects;
(4) Obscene, superstitious and absurd;
(5) belittle others;
(six) using the name and image of patients, health technicians, medical education and scientific research institutions and personnel, and other social groups and organizations as proof;
(seven) using the names of the China People's Liberation Army and the Armed Police Force;
(8) Other circumstances prohibited by laws and administrative regulations.
Article 8 When publishing medical advertisements, a medical institution shall apply to the local provincial health administrative department and submit the following materials:
(1) Application Form for Examination of Medical Advertisements;
(2) The original and photocopy of the Practice License of Medical Institution, and the photocopy shall be stamped with the official seal of the health administrative department that issued the Practice License of Medical Institution;
(3) Samples of finished medical advertisements. Television and radio advertisements can submit the script and broadcast manuscript first.
Traditional Chinese medicine, integrated traditional Chinese and western medicine and ethnic medical institutions shall apply to the local provincial administrative department of traditional Chinese medicine for publishing medical advertisements.
Article 9? The provincial administrative department of health and the administrative department of traditional Chinese medicine shall, within 20 days from the date of acceptance, review the contents of the samples of finished medical advertisements. The administrative department of health and the administrative department of traditional Chinese medicine need to invite relevant experts to review, which can be extended by 10 day.
For qualified medical advertisements, the provincial administrative department of health and the administrative department of traditional Chinese medicine shall issue the Medical Advertisement Examination Certificate, which shall be publicized through the examined medical advertisement samples and the issued medical advertisement examination certificate; Medical advertisements that fail to pass the examination shall be notified to the medical institution in writing and the reasons shall be explained.
Article 10? The provincial administrative department of health and the administrative department of traditional Chinese medicine shall put on record the samples of finished medical advertisements that have been examined and the examination opinions, and keep them for at least two years from the effective date of the Medical Advertisement Examination Certificate.
Article 11? The formats of the Application Form for Examination of Medical Advertisements and the Certificate for Examination of Medical Advertisements shall be stipulated by the Ministry of Health and state administration of traditional chinese medicine.
Article 12? The provincial administrative department of health and the administrative department of traditional Chinese medicine shall, within five working days from the date of issuing the medical advertisement examination certificate, send a copy of the medical advertisement examination certificate to the local administrative department for industry and commerce at the same level.
Thirteenth "medical advertisement examination certificate" is valid for one year. If it is necessary to continue to publish medical advertisements after the expiration of the period, it shall re-apply for examination.
Article 14 The publication of medical advertisements shall indicate the name of the medical institution and the document number of the Medical Advertisement Examination Certificate.
Fifteenth medical institutions that publish outdoor medical advertisements shall register in accordance with the Regulations on the Administration of Outdoor Advertising Registration after obtaining the Examination Certificate of Medical Advertisements.
Medical institutions in the statutory control area only indicate the name of the medical institution outdoor advertising, there is no need to apply for medical advertising review and outdoor advertising registration.
Sixteenth prohibit the use of news or medical information service special edition (column) to publish or publish medical advertisements in disguise.
The name of the medical institution may appear in the publicity contents such as interviews with people and special reports on medical institutions, but no medical advertisements such as the address and contact information of the medical institution may appear; Advertisements of medical institutions shall not be published at the same time or layout in the same media.
Seventeenth medical institutions should publish medical advertisements according to the sample content and media category of finished advertisements approved by the Medical Advertisement Examination Certificate.
If the content of medical advertisements needs to be changed or the practice situation of medical institutions changes, which is inconsistent with the sample content of medical advertisement finished product review, medical institutions shall re-apply for review.
Article 18? When advertising agents and publishers publish medical advertisements, the advertising examiners shall examine the Medical Advertisement Examination Certificate and verify the contents of the advertisements.
Nineteenth in any of the following circumstances, the provincial health administrative department and the administrative department of traditional Chinese medicine shall withdraw the "medical advertisement examination certificate" and inform the relevant medical institutions:
(1) The medical institution has been suspended for rectification and its Practice License for Medical Institutions has been revoked;
(2) The medical institution is closed down, closed down or cancelled;
(3) Other circumstances in which the Medical Advertisement Examination Certificate should be withdrawn.
Twentieth medical institutions in violation of the provisions of these measures to publish medical advertisements, the local health administrative departments at or above the county level and the administrative departments of traditional Chinese medicine shall be ordered to make corrections within a time limit and give a warning; If the circumstances are serious, the administrative department of health and the administrative department of traditional Chinese medicine that issued the "Practice License for Medical Institutions" may order it to suspend business for rectification, and revoke the relevant diagnosis and treatment subjects until the "Practice License for Medical Institutions" is revoked.
Those who publish medical advertisements without obtaining the Practice License of Medical Institutions shall be punished as illegal medical practice.
Article 21 If a medical institution publishes a medical advertisement by forging the contents of the Examination Certificate of Medical Advertisement, the provincial administrative department of health and the administrative department of traditional Chinese medicine shall revoke the Examination Certificate of Medical Advertisement and refuse to accept the application for advertisement examination of the medical institution within one year.
After the provincial administrative department of health and the administrative department of traditional Chinese medicine revoke the examination certificate of medical advertisements, they shall notify the administrative department for industry and commerce at the same level within five working days from the date of making the administrative decision, and the administrative department for industry and commerce shall investigate and deal with it according to law.
Twenty-second advertisers, advertising agents and publishers who violate these measures shall be punished by the administrative department for industry and commerce in accordance with the Advertising Law and the Anti-Unfair Competition Law. If the circumstances are serious, resulting in serious consequences, it may also be punished by suspending the publication of medical advertisements for one month to six months until the advertising operators and publishers are disqualified from operating and publishing medical advertisements. If there are no provisions in laws and regulations, the administrative department for industry and commerce shall give a warning to the responsible advertisers, advertising agents and publishers or impose a fine of 1 10,000 yuan but not more than 30,000 yuan; If the contents of medical advertisements are suspected to be false, the administrative department for industry and commerce may, in conjunction with the administrative department of health and the administrative department of traditional Chinese medicine, identify them as necessary.