Article 1 In order to strengthen the management of medical advertisements and protect people's health, these Measures are formulated in accordance with the Advertising Law of People's Republic of China (PRC) (hereinafter referred to as the Advertising Law), the Regulations on the Administration of Medical Institutions, the Regulations on Traditional Chinese Medicine and other laws and regulations.

Article 2 Medical advertisements mentioned in these Measures refer to advertisements that directly or indirectly introduce medical institutions or medical services through various media or forms.

Article 3 When publishing medical advertisements, medical institutions shall apply for examination of medical advertisements before publishing them. Without obtaining the "medical advertisement examination certificate", no medical advertisement shall be published.

Article 4 The administrative department for industry and commerce shall be responsible for the supervision and administration 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.

Fifth 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 forms of medical advertisements shall not contain the following contents:

(1) Assertions or guarantees indicating efficacy and safety;

(2) Explain the cure rate or effective rate;

(3) differences in efficacy and safety compared with other drugs, medical devices or other medical institutions;

(four) the use of advertising spokespersons for recommendation and proof;

(five) involving medical technology, diagnosis and treatment methods, disease names and drugs;

(6) Obscene, superstitious and absurd;

(seven) using the names of the China People's Liberation Army and the Armed Police Force;

(eight) using the names and images of patients, health technicians, medical education and scientific research institutions and personnel, and other social groups and organizations as proof.

Article 7 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.

Eighth provincial health administrative departments and administrative departments of traditional Chinese medicine shall, within 20 days from the date of acceptance, review the contents 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 medical advertisements that have passed the examination, the provincial administrative department of health and the administrative department of traditional Chinese medicine shall issue the Medical Advertisement Examination Certificate, which will be announced to the public through the examination of qualified medical advertisement samples and the issuance of the 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 9 The provincial health administrative department 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.

Tenth "medical advertisement examination application form", "medical advertisement examination certificate" format by the State Health and Family Planning Commission, state administration of traditional chinese medicine.

Eleventh provincial health administrative departments and traditional Chinese medicine administrative departments 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.

Twelfth "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.

Thirteenth medical advertisements should indicate the name of the medical institution and the document number of the Medical Advertisement Examination Certificate.

Fourteenth medical institutions in the statutory control area only marked with the name, logo, contact information of medical institutions outdoor advertising, there is no need to apply for medical advertising review.

Fifteenth prohibit the use of news reports, medical information service columns (columns) or introduce health, health knowledge and other forms of publishing or disguised publishing of medical advertisements.

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.

Sixteenth 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 17 When an advertising agent or publisher publishes a medical advertisement, the advertisement examiner shall examine the Medical Advertisement Examination Certificate and check the contents of the advertisement.

Eighteenth 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 notify 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.

Nineteenth 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 approval document for advertising review shall be revoked, and the application for advertising review shall not be accepted within one year, and the relevant medical subjects may be ordered to suspend business for rectification, until the Practice License of 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 20 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.

Provincial health administrative departments and traditional Chinese medicine administrative departments shall notify the administrative department for industry and commerce at the same level within 5 working days from the date of making an administrative decision after revoking the Certificate of Medical Advertisement Examination, and the administrative department for industry and commerce shall investigate and deal with it according to law.

Twenty-first in violation of the provisions of these measures, advertising, according to the "Advertising Law" and other laws and regulations, shall be punished according to law; If there are no specific provisions, the responsible advertisers, advertising agents and publishers shall be fined 1 10,000 yuan; If there is illegal income, a fine of less than 3 times the illegal income but not more than 30 thousand yuan shall be imposed.

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.

Twenty-second these Measures shall come into force as of September 0+65438. On June, 2006 165438+ 10/0, the Measures for the Administration of Medical Advertisements issued by Decree No.26 of the State Administration for Industry and Commerce and the Ministry of Health shall be abolished at the same time.