麻醉藥品管理辦法
發(fā) 文 號(hào):1987年11月28日國(guó)務(wù)院發(fā)布
發(fā)布單位:1987年11月28日國(guó)務(wù)院發(fā)布
tion must not exceed two days ofdaily dose, as for the tablet, tincture, syrup, the dosage must not exceedthree days of daily dose. Administration of narcotic must not exceed aperiod of seven days running. Prescription of narcotic drugs must be fullyand clearly stated with signature of the physician or surgeon on. Whenpreparing a narcotic drug, the pharmacist and the checker are required tosign their names and keep the prescription of the narcotic drug on file.No medical worker is allowed to prescribe any narcotic drug forhim/herself.Article 27In the case of a patient in serious conditions who is diagnosed by ahospital at or above county level to be in need of narcotic drugs as apain killer, the hospital appointed by the administrative department ofhealth at or above the county level may issue the patient with a SpecialPurchasing Card for Narcotic on the basis of the Prescription and bychecking his permanent residence booklet, and the patient may take this tothe appointed medical treatment unit to have the drug prepared. If thepatient holding a Special Purchasing Card for Narcotic is in need of alarger dose and the seasonal ration of the medical treatment unit fails tomeet the demand, additional amount of narcotic shall be made availableonly with the approval by the administrative department of health at ahigher level.Article 28Medical treatment units are required to tighten control over narcoticdrugs. Any illegal use, storage, transfer or borrowing of narcotic drugsis prohibited. Narcotic drugs must be put under the charge of a personspecially appointed for the purpose and kept in a separate place underlock. The distribution and prescriptions of narcotic drugs must be kept inrecord separately from those of other medicine.The prescriptions must be kept on file for a period of three years. Themedical treatment unit shall have the right to refuse dispensing of drugsto those who abuse them in violation of relevant rules and regulations andshall report the case to the local administrative department of healthpromptly.Article 29In the event of an emergency case which is in need of narcotic drugs, themedical treatment unit so involved and the trading unit of narcotic drugsare required to supply a dose of narcotic promptly for the case only, andthe necessary formalities shall be done after the event.
【章名】Chapter VII Penalty Provisions
Article 30Any violation of these Measures shall be subject to penalty by the localadministrative department of health according to the seriousness of thecase. The penalty shall cover confiscation of all the narcotic drugs andthe illegal earnings, a fine ranging from 5-10 times the illegal profits,closing down of the business or revocation of "License for PharmaceuticalProduction Enterprise", "License for Pharmaceutical Business Enterprise"or License for Medicaments"(1) those who, without authorization, are engaged in the production ofnarcotic drugs or have changed the production plan and made additionalkinds of narcotic drugs;(2) those who are engaged in unauthorized trading business of narcoticdrugs and poppy capsules;(3) those who supply or oversupply narcotics to any unit or person thathas not been granted the permission to use the stuff;(4) those who prepare and sell any form of narcotic drugs withoutauthorization;(5) those who are engaged in unauthorized import or export of narcoticdrugs;(6) those who apply any new kind of narcotic drugs to patients clinicallyor have produced any new kind of narcotic drugs without authorization.Article 31Those who have taken advantage of their professional work by prescribingnarcotics to other persons without complying with the rules or byprescribing narcotics for themselves, and those who are directlyresponsible for cheating to obtain or abusing the stuff, shall be givendisciplinary sanctions by the authorities of their units.Article 32Those who, in violation of these Measures, cultivate poppy withoutauthorization or take in narcotic drugs illegally shall be punished by apublic security organ in accordance with the Regulations on AdministrativePenalties for Public Security or other related rules.Article 33With respect to any one who produces, transports or sells narcotics orpoppy capsules, if the circumstances are serious enough to constitute acrime, he shall be prosecuted for criminal liability by the judicialorgans according to law.Article 34A party, who is dissatisfied with the decision on an administrativesanction may, within 15 days of receiving the notification on thesanction, make a request for reconsideration to the authorities at thelevel next higher, which shall make a reply within 10 days of receipt ofthe appeal. If he is dissatisfied with the decision on reconsideration, hemay, within 15 days of receiving the reconsideration decision, bring asuit before a people's court. If, upon the expiration of this period, theparty has neither complied with the sanction nor has brought a suit beforea people's court, the authorities that impose the sanction shall apply tothe people's court for compulsory enforcement.
【章名】Chapter VIII Supplementary Provisions
Article 35The specific administration rules for the supply and use of narcotic drugsin the health and medical treatment units of the Chinese People'sLiberation Army and the Chinese People's Armed Police Force shall beformulated jointly by the Ministry of Public Health, the General LogisticsDepartment of the Chinese People's Liberation Army and the LogisticsDepartment of the Chinese People's Armed Police Force in accordance withthese Measures.Article 36The specific administration rules for the supply and use of veterinarynarcotic drugs shall be formulated jointly by the Ministry of PublicHealth and the Ministry of Agriculture, Animal Husbandry and Fishery inaccordance with these Measures.Article 37The rules for the implementation of these Measures shall be formulated bythe Ministry of Public Health.Article 38These Measures shall go into effect as of the date of promulgation. TheProvisions for the Administration of Narcotic Drugs, promulgated by theState Council of the People's Republic of China on September 13, 1978,shall become null and void on the same day.