(a) individuals holding Chinese medicine clinics, should have a Chinese medicine category "physician qualification certificate", registered in the medical, preventive, health care institutions for three years, or with a Chinese medicine category "Chinese medicine (specialization) physician qualification certificate"; legal persons or other organizations to hold a Chinese medicine clinic, clinic principals should meet the above requirements;
(ii) in line with the "basic standards for Chinese medicine clinics";
(iii) Chinese medicine clinic name in line with the "Regulations for the Implementation of Medical Institutions" relevant provisions;
(iv) in line with the relevant provisions of environmental protection and fire protection;
(v) be able to independently assume civil liability.
Two, what are the conditions for opening a Chinese medicine clinic
Chinese medicine clinics under the guidance of Chinese medicine theory, the use of traditional Chinese medicine and acupuncture, cupping, massage and other non-drug therapies to carry out diagnostic and therapeutic services, as well as Chinese medicine dispensing, decoctions and other Chinese medicine services. The rate of Chinese medicine treatment is quite high.
A. Personnel
1, at least one licensed physician, and meets one of the following conditions:
(1) with the category of traditional Chinese medicine "Physician's Qualification Certificate", in the medical, preventive, and health care institutions registered to practice for three years, in good health;
(2) with the "Traditional Chinese Medicine (Specialty) Physician's Qualification Certificate", according to the law, registered to practice, and in good health.
2. To carry out the activities of Chinese herbal medicine dispensing, there must be at least one qualified Chinese medicine technician.
B. Housing
1. house is relatively independent;
2. diagnosis and treatment area is reasonably laid out, in line with the hygiene layout and flow;
3. at least set up a waiting area and visiting area;
4. area to meet the functional needs, and should meet the following conditions according to the scope of diagnosis and treatment:
(1) to carry out the traditional Chinese medicine, Chinese patent medicine dispensing services, the service area should be relatively independent;
(2) to carry out non-pharmacological treatment of Chinese medicine, there should be an independent treatment room.
C. Equipment
1. Basic equipment: diagnostic tables, diagnostic chairs, pulse pillows, ultraviolet disinfection equipment, dirt buckets and so on.
2. There are other equipment (including Chinese medicine diagnostic and therapeutic equipment) appropriate to the scope of treatment.
3. There are various rules and regulations, personnel job responsibility system, medical technology operation procedures formulated or approved by the state and available in a book. Development of infection control systems and processes, Chinese medicine technology operations in line with the relevant provisions of infection prevention and control related to Chinese medicine medical technology.
Legal basis
"Interim Measures for the Administration of Chinese Medicine Clinic Filing"
Chapter II Filing
Article 4 If a Chinese medicine clinic is organized, it can carry out its practice after reporting to the competent department of traditional Chinese medicine of the county where the clinic is to be held for the record.
Article 5 of the Chinese medicine clinic shall have the following conditions:
(a) individuals to hold a Chinese medicine clinic, should have a Chinese medicine category "physician's qualification certificate" and registered in the medical, preventive, health care institutions in practice for three years, or with a "traditional Chinese medicine (specialties) physician's qualification certificate"; legal persons or other organizations to hold a Chinese medicine clinic, clinic should be the main responsible person Meet the above requirements;
(b) in line with the "basic standards for Chinese medicine clinics";
(c) Chinese medicine clinic name in line with the "Regulations for the Implementation of Medical Institutions" of the relevant provisions;
(d) in line with environmental protection, fire safety regulations;
(e) be able to independently assume civil liability.
The Implementing Rules of the Regulations on the Administration of Medical Institutions stipulate that units and individuals who are not allowed to apply for the establishment of medical institutions are not allowed to organize Chinese medicine clinics.
Article VI of the Chinese medicine clinic for the record, shall submit the following materials:
(a) "Chinese medicine clinic for the record information form";
(b) Chinese medicine clinic principal responsible for the valid identity card, physician's qualification certificate, physician's license certificate;
(c) a directory of other health technicians, a valid identity card, practicing qualification documents;
(D) Chinese medicine clinic management rules and regulations;
(E) medical waste disposal program, the clinic's surrounding environment statement;
(F) fire emergency plan.
Legal persons or other organizations to hold Chinese medicine clinic, should also provide legal persons or other organizations, proof of qualification, legal representative identification or other organizations on behalf of the identity of the person.
Article 7 The filer shall truthfully provide relevant materials and reflect the true situation, and is responsible for the authenticity of the substance of its filing materials.
Article VIII of the county-level departments in charge of traditional Chinese medicine to receive the record materials, the materials are complete and meet the filing requirements to be filed, and issued on the spot, "Chinese medicine clinic filing certificate"; incomplete or do not meet the requirements of the record, shall be on the spot or within five days of receipt of the filing materials within five days of the date of the filing of the record to inform the need to make corrections to all the contents of the filing.
The state gradually promote the management of Chinese medicine clinic information technology, where possible, the implementation of online application filing.
Article IX Chinese medicine clinic shall be "Chinese medicine clinic record certificate", health personnel information in the clinic in a conspicuous place.
Article X of the Chinese medicine clinic personnel, name, address and other actual settings should be consistent with the "Chinese medicine clinic license" record matters.
The name of the Chinese medicine clinic, premises, the main person in charge, diagnostic and treatment subjects, technology and other matters for the record changes, should be timely to the original filing authority for the record of changes.
Article XI prohibits the forgery, selling, transferring, lending "Chinese medicine clinic filing certificate".
Article XII of Chinese medicine clinics should be in accordance with the record of diagnosis and treatment subjects, technology to carry out diagnostic and treatment activities, and strengthen the diagnosis and treatment behavior, medical quality, medical safety management, and in line with the Chinese medicine medical technology-related infection prevention and control and other relevant provisions.
The Chinese medicine clinic medical advertisements should comply with laws and regulations, prohibit false and exaggerated propaganda.
Article XIII of the county-level departments in charge of traditional Chinese medicine shall, within twenty days from the date of issuance of the "Chinese medicine clinic filing certificate" will be filed under the jurisdiction of the Chinese medicine clinic information on its government website, to facilitate the community to query, supervision, and in a timely manner to the next level of the competent departments in charge of traditional Chinese medicine to submit the information on filing of Chinese medicine clinics under the jurisdiction of the competent departments. The competent department of traditional Chinese medicine at the next higher level shall carry out verification, found to be inconsistent with the provisions of the record matters, shall be corrected within thirty days.
Regulations on Individual Business Owners Article 8 An application for registration as an individual business owner shall be made to the registration authority where the place of business is located for registration. The applicant shall submit an application for registration, proof of identity and proof of business premises.
Article 502 of the Chinese People's **** and National Code: Contracts established in accordance with the law shall take effect from the time of their formation, unless otherwise provided for by law or agreed upon by the parties.
In accordance with the provisions of laws and administrative regulations, where a contract is subject to ratification or other formalities, such provisions shall apply. Failure to apply for approval and other formalities affect the entry into force of the contract, does not affect the contract to fulfill the obligation to apply for approval and other provisions of the contract and the effectiveness of the relevant provisions. If the party who should apply for approval fails to fulfill its obligations, the other party may request it to bear the responsibility of violating such obligations.
In accordance with the provisions of laws and administrative regulations, the change, transfer, dissolution of the contract should be subject to approval and other formalities, the provisions of the preceding paragraph shall apply.