Regulations of Heilongjiang Province on the Administration of Medical, Pharmaceutical and Medical Device Advertisements (revised on 20 15)

Article 1 In order to strengthen the supervision and management of advertisements for medical and pharmaceutical devices, promote the development of medical undertakings and the circulation of pharmaceutical commodities, safeguard consumers' physical and mental health and life safety, and maintain social and economic order, these Regulations are formulated in accordance with the Advertising Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province. Article 2 Advertisers, advertising agents, advertisement publishers, medical, pharmaceutical and medical device advertising supervision and management organs and examination and approval organs engaged in medical, pharmaceutical and medical device advertising activities within the administrative region of this province shall abide by these regulations. The advertisement of medical treatment, drugs and medical devices mentioned in these Regulations refers to the activities of units and individuals engaged in the production and operation of medical services, drugs and medical devices to directly or indirectly introduce their services or commodities through certain media and forms. Article 3 Advertisements for medical treatment, drugs and medical devices shall be truthful, healthy, scientific and legal, and consumers shall not be deceived or misled by any form or means. Article 4 The administrative department for industry and commerce at or above the county level is the supervision and administration organ for advertisements of medical treatment, drugs and medical devices; The county-level health and family planning administrative department is the record management organ of medical advertisements (except Chinese medical advertisements); The provincial health and family planning administrative department is the examination and approval authority of Chinese medicine medical advertisements; The provincial drug supervision and administration department is the examination and approval authority for advertisements of drugs and medical devices.

The administrative department of health and family planning and the drug supervision and administration department shall, under the guidance of the advertising supervision and administration organ at the same level, examine, approve or put on record the advertisements of medical treatment, drugs and medical devices. Article 5 Medical advertisements (except Chinese medicine advertisements) shall be filed by advertisers with the local county-level health and family planning administrative departments within 5 days after publication.

Chinese medical advertisements shall be reported to the provincial health and family planning administrative department for examination and approval, and can only be released after obtaining the examination and approval documents of Chinese medical advertisements. The examination and approval documents of medical advertisements of traditional Chinese medicine shall be sent to the provincial administrative department for industry and commerce and the administrative department of health and family planning at the place where the advertisements are published within 10 days for future reference. Article 6 Advertisements for drugs and medical devices must be submitted to the provincial drug supervision and administration department for examination and approval, and can only be released after obtaining the approval documents for drugs and medical devices. The examination and approval documents shall be sent by the provincial drug supervision and administration department to the provincial industrial and commercial administration department and the drug supervision and administration department at the place where the advertisement is published for reference within 10 days. Article 7 Advertisements for medical treatment, medicines and medical devices published by printed materials and outdoor devices other than publicly issued newspapers and periodicals shall be handled in accordance with other relevant national and provincial regulations in addition to the procedures stipulated in Articles 5 and 6 of these Regulations. Eighth Chinese medicine, drugs and medical devices advertising approval documents shall be signed by the person in charge of the advertising examination and approval authority, and stamped with the special seal for advertising examination and approval. Article 9 Units and individuals that have not obtained the Medical Practice License, the Medical Institution Practice License, the Pharmaceutical Production Enterprise License, the Pharmaceutical Trading Enterprise License and the Medical Device Product Registration Certificate shall not publish advertisements for medical treatment, medicines and medical devices in any form. Article 10 It is forbidden for any media or form to publish medical advertisements in the name of China People's Liberation Army and armed police forces (including military units and individuals), the address of military medical institutions and any military-related titles. Article 11 The contents of medical advertisements are limited to the name of the medical institution, the place of diagnosis and treatment, the name of the medical practitioner, the technical title, the service trademark, the time of diagnosis and treatment, the subject of diagnosis and treatment, the method of diagnosis and treatment, the communication method, the Chinese medical advertisement certificate number and the expiration date. Medical advertisements shall not contain information about drugs, medical devices and their performance. Twelfth drugs, medical devices advertising content should be based on the quality standards and instructions approved by the drug supervision and administration department of the State Council or the provincial drug supervision and administration department, and shall not be arbitrarily expanded. Advertisements for drugs and medical devices shall not contain medical advertisements. It is forbidden to publicize the therapeutic effect of non-medical products such as health food and health care products on diseases in advertisements. Thirteenth medical, pharmaceutical and medical device advertisements prohibit the following contents:

(a) obscene, superstitious and absurd language, words and pictures;

(two) belittle others or similar products;

(3) It contains the contents that guarantee the cure or imply the guarantee of the cure;

(four) containing the cure rate, effective rate and award-winning content;

(5) including the use of medical research institutions, academic institutions, medical institutions or experts, doctors, patients' names and images as proof, etc. ;

(six) medical advertisements containing ancestral secret recipes, famous doctors and other contents;

(seven) medical advertisements only use general communication methods (including e-mail) to diagnose and treat diseases;

(eight) medical advertisements or disguised publicity and treatment of sexually transmitted diseases, AIDS and related family planning content;

(nine) the national and provincial health and family planning administrative departments or the national and provincial drug supervision and administration departments think it is not suitable to publish advertisements;

(ten) in violation of other relevant laws and regulations. Fourteenth the following drugs and medical devices shall not be advertised:

(a) narcotic drugs, psychotropic drugs, toxic drugs, radioactive drugs, drug rehabilitation drugs and special management drugs recognized by the drug supervision and administration department of the State Council;

Drug for treating tumor, sexually transmitted diseases and AIDS, drugs for improve and treating sexual dysfunction, medical devices, family planning drugs and epidemic prevention products;

(3) Fake and inferior drugs as stipulated in the Drug Administration Law of People's Republic of China (PRC);

(4) Drugs and medical devices produced without the approval of the pharmaceutical supervisory and administrative department at or above the provincial level, drugs in trial production and medical devices in trial production;

(5) Drugs whose sale and use are explicitly prohibited by the pharmaceutical supervisory and administrative department at or above the provincial level;

(6) Preparations prepared by medical institutions;

(seven) drugs that have not obtained a registered trademark except Chinese herbal medicines and Chinese herbal pieces;

(eight) drugs and medical devices produced overseas that have entered the market without the approval of National Medical Products Administration.