Self-made Chinese medicines must be put on record before they can be sold.

If a patient comes, you can make a prescription for soaking wine separately after diagnosing the patient. Then it should be handled on behalf of the patient, not illegal.

Legal basis:

People's Republic of China (PRC) Traditional Chinese Medicine Law

Article 31? The state encourages medical institutions to prepare and use traditional Chinese medicine preparations according to clinical drug demand, supports the preparation of traditional Chinese medicine preparations by traditional techniques, and supports the development of new Chinese medicine on the basis of traditional Chinese medicine preparations.

When preparing traditional Chinese medicine preparations, medical institutions shall obtain the Pharmaceutical Preparation License for Medical Institutions in accordance with the provisions of the Drug Administration Law of People's Republic of China (PRC), or entrust pharmaceutical production enterprises that have obtained the Pharmaceutical Production License or other medical institutions that have obtained the Pharmaceutical Preparation License for Medical Institutions to prepare traditional Chinese medicine preparations. Entrusted preparation of traditional Chinese medicine preparations shall be filed with the pharmaceutical supervisory and administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the entrusting party is located.

Medical institutions are responsible for the quality of Chinese medicine preparations prepared by them; Where a traditional Chinese medicine preparation is entrusted, the entrusting party and the entrusted party shall bear corresponding responsibilities for the quality of the prepared traditional Chinese medicine preparation.

Article 32? The varieties of traditional Chinese medicine preparations prepared by medical institutions shall obtain the preparation approval number according to law. However, only the varieties of traditional Chinese medicine preparations prepared by traditional techniques can be prepared after being put on record by the pharmaceutical supervisory and administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the medical institution is located, and there is no need to obtain the preparation approval number.

Medical institutions should strengthen the monitoring of adverse reactions of the varieties of traditional Chinese medicine preparations for the record, and report them in accordance with the relevant provisions of the state. The pharmaceutical supervisory and administrative department shall strengthen the supervision and inspection of the preparation and use of the varieties of traditional Chinese medicine preparations for the record.

Article 56? In violation of the provisions of this law, the establishment of Chinese medicine clinics, the processing of Chinese herbal pieces, and the entrusted preparation of Chinese medicine preparations should be filed but not filed, or false materials are provided at the time of filing, and the competent department of Chinese medicine and the pharmaceutical supervisory and administrative department shall, in accordance with the division of responsibilities, order it to make corrections, confiscate its illegal income, impose a fine of not more than 30,000 yuan, and publish relevant information to the society; Refuses to correct, shall be ordered to stop practicing activities or ordered to stop processing traditional Chinese medicine pieces, commissioned the preparation of traditional Chinese medicine preparation activities, personnel directly responsible for five years shall not engage in traditional Chinese medicine related activities.

Medical institutions that use traditional techniques to prepare traditional Chinese medicine preparations fail to file records in accordance with the provisions of this law, or fail to prepare traditional Chinese medicine preparations in accordance with the requirements specified in the filing materials, and will be punished according to the production of counterfeit drugs.

Article 73 of the Drug Administration Law of People's Republic of China (PRC): "Anyone who produces or sells counterfeit drugs shall be confiscated of the illegally produced and sold drugs and illegal income, and shall be fined for more than two times and less than five times the value of the illegally produced and sold drugs; If there is a drug approval certificate, it shall be revoked and ordered to stop production and business for rectification; If the circumstances are serious, the Pharmaceutical Production License, Pharmaceutical Trading License or Pharmaceutical Preparation License of Medical Institution shall be revoked; If it constitutes a crime, criminal responsibility shall be investigated according to law. "

According to the provisions of Article 141 of the Criminal Law of People's Republic of China (PRC), the crime of producing and selling counterfeit drugs refers to the act of producers and sellers producing and selling counterfeit drugs in violation of national drug management regulations, which is harmful to human health.

According to the provisions of the Criminal Law Amendment (VIII), as long as there is subjective intention to produce and sell counterfeit drugs, it constitutes this crime.

Article 23 of the Criminal Law Amendment (8) stipulates that the first paragraph of Article 141 of the Criminal Law is amended as: "Whoever produces or sells counterfeit drugs shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined; Whoever causes serious harm to human health or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and fined; Whoever causes death or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, and shall also be fined or confiscated. "

According to the provisions of Article 150 of the Criminal Law, if a unit commits the crime of producing and selling counterfeit drugs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished according to the statutory punishment for the crime of producing and selling counterfeit drugs.