麻醉药品管理办法 MEASURES FOR THE CONTROL OF NARCOTIC DRUGS
2009-03-24 法律英语 来源:互联网 作者: ℃颁布日期:19871128 实施日期:19871128 颁布单位:国务院
(Promulgated by the State Council of the People's Republic of China on November 28, 1987)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Medicine Administration Law of the People's Republic of China, for the purpose of tightening control over narcotic drugs so as to ensure their safe use in medical treatment units, medical colleges and medical research institutions.
Article 2 Narcotic drugs refer to those drugs that may cause dependence and addiction after continuous administration. Article 3 Narcotic drugs include opium, cocaine, marijuana, synthetic anaesthetic drugs and those defined by the Ministry of Public Health as addict-forming drugs, anaesthetic raw herbs and the products made from them.
Article 4 The State shall strictly supervise and control the cultivation of the mother plants of narcotics and the production, supply, export and import of narcotic drugs. Narcotic drugs shall not be used except for the purpose of medical treatment, teaching and research when necessary.
Chapter II The Cultivation of Mother Plants of Narcotics and the Production of Narcotic Drugs
Article 5 The units that cultivate mother plants of narcotics must be examined and approved jointly by the Ministry of Public Health, the Ministry of Agriculture, Animal Husbandry and Fishery and the State Administration for Medicine. A copy of the report shall be sent to the Ministry of Public Security.
The units that produce narcotic drugs must be examined and approved jointly by the Ministry of Public Health and the State Administration for Medicine. Without approval, no unit or individual shall be allowed to produce narcotic drugs.
Article 6 The annual cultivation plan for mother plants of narcotics shall be examined and approved jointly by the Ministry of Public Health and the Ministry of Agriculture, Animal Husbandry and Fishery. The annual production plan of narcotic drugs shall be examined and approved jointly by the Ministry of Public Health and the State Administration for Medicine. The cultivation units and the production units shall not change the plans without authorization. The cultivation unit and the production unit must assign a person or persons with the special responsibility for the storage of the finished products, semi-finished products, poppy capsules and poppy seeds. Sale or use of these things without authorization shall be strictly prohibited.
Article 7 Narcotic drugs must be brought under strict quality control. The quality of the products must meet the standards set for medicines by the State.
Article 8 Before the development of any new kind of narcotic drugs, the research unit must first of all draw up a plan and submit it to the Ministry of Public Health for examination and approval. After the new drug is developed, the research and trial production units must go through the formalities for the approval of such new drugs. The storage and use of the trial products must follow strict procedures so as to prevent their loss.
Chapter III The Supply of Narcotic Drugs
Article 9 Narcotic drugs shall be provided in a planned way according to the demand of medical treatment units, medical colleges and scientific research institutions. A national supply plan of narcotic drugs shall be drawn by a department appointed by the State Administration for Medicine and submitted to the Ministry of Public Health and the State Administration for Medicine for examination and approval before it is issued for implementation.
Article 10 The plan for the setting up of a trading unit of narcotic drugs shall be put forward jointly by the administrative department of health and medicine administrative department in each province, autonomous region, or municipality directly under the Central Government and shall be examine
d and approved by the Ministry of Public Health and the State Administration for Medicine. The trading units shall provide narcotic drugs only to those consumer units approved by the administrative department of health and within the prescribed quota. No supply for any other unit or person is permitted.
Article 11 Poppy capsules used for medical purposes shall be supplied by the trading units appointed by the State Administration for Medicine and medicine department in each province, autonomous region, or municipality directly under the Central Government. No other unit shall be allowed to engage in such business. Poppy capsules must be allotted to the consumer units in accordance with the plan examined and approved jointly by the Ministry of Public Health and the State Administration for Medicine. Poppy capsules shall be supplied to the medical treatment units for clinical use and to the trading units designated by the administrative departments of health at or above the county level for clinical application endorsed with an office seal of their respective medical treatment units. No retail sale of poppy capsules is allowed. The pharmaceutical factories that need poppy capsules in the production of ready made Chinese medicine must submit plans to the medicine administrative department in their province, autonomous region, or municipality directly under the Central Government for examination and then to the administrative department of health for approval before production.
Article 12 A trading unit of narcotic drugs must have a special storehouse or counter(s) with good storage conditions and assign a person or persons with special responsibility for the storage, transportation and supply of narcotic drugs.
Chapter IV Transportation of Narcotic Drugs
Article 13 A permit for domestic consignment issued by the Ministry of Public Health is needed when going through shipment formalities for transporting medicinal opium. Shipment of medicinal opium from the cultivation unit to the storehouse of the State Administration for Medicine shall be escorted by the people sent by the consignor unit. Shipment of medicinal opium from the storehouse to the production enterprises shall be escorted by the people sent by consignee unit. The number of escorts shall be decided in accordance with the regulations of the transportation department. Permit for domestic transportation of such drugs shall be printed solely by the Ministry of Public Health.
Article 14 When consigning narcotic drugs or poppy capsules (not including medicinal opium), the production unit or the supply unit must put down clearly the words of Narcotic Drug in the blank for the name of goods on the shipping document and a seal for consignment of Narcotic Drug must be stamped in the space left for the consignor.
Article 15 The freighter unit must tighten control over the shipment of narcotic drugs and poppy capsules by dispatching the consignment promptly and shortening its storage time at the station, on the dock or at the airport. They must not be transported in open wagons on railways and, if by ship, no loading on hold surface is allowed and, if by truck, they must be securely fastened up and safely protected.
Article 16 In the event that any of the narcotic drugs or poppy capsules are found missing in the course of transportation, the freighter-unit must report the case promptly to the local public security organ and the administrative department of health for investigation.
Chapter V Import and Export of Narcotic Drugs
Article 17 The import and export of narcotic drugs shall be handled by the units appointed by the Ministry of Foreign Economic Relations and Trade in accordance with State regulations concerning foreign trade.
No other units shall be allowed to engage in the business. The annual plan for import and export of narcotic drugs shall be subject to examination and a
pproval by the Ministry of Public Health.
Article 18 The import of narcotic drugs needed in medical treatment units, medical colleges of or medical science research institutions must be verified and approved by the Ministry of Public Health. Only after an Import License for Narcotic Drugs is granted can these units apply to go through import formalities.
Article 19 The export of narcotic drugs must be verified and approved by the Ministry of Public Health. An application and an import license which is a prerequisite to going through import formalities for narcotic drugs issued by the competent government department of the importing country must be presented before the Ministry of Public Health issues an Export License for Narcotic Drugs.
Article 20 Import and export licenses for narcotic drugs shall be printed exclusively by the Ministry of Public Health.
Chapter VI The Use of Narcotic Drugs
Article 21 Narcotic drugs shall only be used for medical treatment, in teaching at medical colleges and in medical science research. Any medical treatment unit with medical wards and with surgical or other necessary medical treatment facilities may file an application to the local administrative department of health. Upon approval by the administrative department of health at a higher level, and after the level of supply is verified, a Purchase Card for Narcotic Drugs shall be issued. The aforesaid unit may purchase the needed narcotic drugs from the designated trading units according to the fixed quota. When the medical colleges or scientific research institutions are in need of narcotic drugs, they shall file an application to the administrative department of health at a higher level and, upon approval, may purchase these drugs from the trading units of narcotic drugs. The Ministry of Public
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