麻醉药品管理办法 MEASURES FOR THE CONTROL OF NARCOTIC DRUGS

Health is the authority to make out the grading standard of rations.

　　Article 22 Narcotic consuming unit must fill out an application form for when purchasing， narcotic drugs and the supplying unit must check the various seals and the number of seals stamped on the form before supplying them with the kind of drugs on quarterly ration as stipulated in the regulations set by the Ministry of Public Health.

　　Article 23 The unit in need of narcotic drugs can either purchase them directly from the trading units or by mail order. In the latter case， however， the shipping documents and certificates must be sent out by registered mail.

　　When sending the narcotic drugs by post， the sender-trading unit is required to stamp a Seal for Narcotic Drugs on the parcel form and to present to the post office the invoice with a Seal for Narcotic Drugs stamped on.

　　Article 24 Preparations that fall under the category of narcotic drugs must be purchased from the trading units of narcotic drugs. In case that they are not available or special preparations are needed by the medical treatment units， the authorized consuming medical units may prepare them by themselves with approval by the administrative department of health at or above the county level. No other unit shall be allowed to prepare any form of anaesthetic.

　　Article 25 The medical worker who prescribes any anaesthetic for the patient must be a qualified physician or a surgeon， who is tested to have been able to use such drugs properly. The surgeon at the induced abortion ward who is tested to have been able to use such drugs properly may have the right to prescribe anaesthetics for the person to be operated on.

　　Article 26 Dosage for injection in each prescription must not exceed two days of daily dose， as for the tablet， tincture， syrup， the dosage must not exceed three days of daily dose. Administration of narcotic must not exceed a period of seven days running. Prescription of narcotic drugs must be fully and clearly stated with signature of the physician or surgeon on. When preparing a narcotic drug， the pha

rmacist and the checker are required to sign their names and keep the prescription of the narcotic drug on file.

　　No medical worker is allowed to prescribe any narcotic drug for him/herself.

　　Article 27 In the case of a patient in serious conditions who is diagnosed by a hospital at or above county level to be in need of narcotic drugs as a pain killer， the hospital appointed by the administrative department of health at or above the county level may issue the patient with a Special Purchasing Card for Narcotic on the basis of the Prescription and by checking his permanent residence booklet， and the patient may take this to the appointed medical treatment unit to have the drug prepared. If the patient holding a Special Purchasing Card for Narcotic is in need of a larger dose and the seasonal ration of the medical treatment unit fails to meet the demand， additional amount of narcotic shall be made available only with the approval by the administrative department of health at a higher level.

　　Article 28 Medical treatment units are required to tighten control over narcotic drugs. Any illegal use， storage， transfer or borrowing of narcotic drugs is prohibited. Narcotic drugs must be put under the charge of a person specially appointed for the purpose and kept in a separate place under lock. The distribution and prescriptions of narcotic drugs must be kept in record separately from those of other medicine. The prescriptions must be kept on file for a period of three years. The medical treatment unit shall have the right to refuse dispensing of drugs to those who abuse them in violation of relevant rules and regulations and shall report the case to the local administrative department of health promptly.

　　Article 29 In the event of an emergency case which is in need of narcotic drugs， the medical treatment unit so involved and the trading unit of narcotic drugs are required to supply a dose of narcotic promptly for the case only， and the necessary formalities shall be done after the event.

　　Chapter VII Penalty Provisions

　　Article 30 Any violation of these Measures shall be subject to penalty by the local administrative department of health according to the seriousness of the case. The penalty shall cover confiscation of all the narcotic drugs and the illegal earnings， a fine ranging from 5-10 times the illegal profits， closing down of the business or revocation of “License for Pharmaceutical Production Enterprise”， “License for Pharmaceutical Business Enterprise” or License for Medicaments“

　　（1） those who， without authorization， are engaged in the production of narcotic drugs or have changed the production plan and made additional kinds of narcotic drugs；

　　（2） those who are engaged in unauthorized trading business of narcotic drugs and poppy capsules；

　　（3） those who supply or oversupply narcotics to any unit or person that has not been granted the permission to use the stuff；

　　（4） those who prepare and sell any form of narcotic drugs without authorization；

　　（5） those who are engaged in unauthorized import or export of narcotic drugs；

　　（6） those who apply any new kind of narcotic drugs to patients clinically or have produced any new kind of narcotic drugs without authorization.

　　Article 31 Those who have taken advantage of their professional work by prescribing narcotics to other persons without complying with the rules or by prescribing narcotics for themselves， and those who are directly responsible for cheating to obtain or abusing the stuff， shall be given disciplinary sanctions by the authorities of their units.

　　Article 32 Those who， in violation of these Measures， cultivate poppy without authorization or take in narcotic drugs illegally shall be punished by a public security organ in accordance with the Regulations on Administrative Penalties for Public Security or other related rules.

　　Article

33 With respect to any one who produces， transports or sells narcotics or poppy capsules， if the circumstances are serious enough to constitute a crime， he shall be prosecuted for criminal liability by the judicial organs according to law.

　　Article 34 A party， who is dissatisfied with the decision on an administrative sanction may， within 15 days of receiving the notification on the sanction， make a request for reconsideration to the authorities at the level next higher， which shall make a reply within 10 days of receipt of the appeal. If he is dissatisfied with the decision on reconsideration， he may， within 15 days of receiving the reconsideration decision， bring a suit before a people's court. If， upon the expiration of this period， the party has neither complied with the sanction nor has brought a suit before a people's court， the authorities that impose the sanction shall apply to the people's court for compulsory enforcement.

　　Chapter VIII Supplementary Provisions

　　Article 35 The specific administration rules for the supply and use of narcotic drugs in the health and medical treatment units of the Chinese People's Liberation Army and the Chinese People's Armed Police Force shall be formulated jointly by the Ministry of Public Health， the General Logistics Department of the Chinese People's Liberation Army and the Logistics Department of the Chinese People's Armed Police Force in accordance with these Measures.

　　Article 36 The specific administration rules for the supply and use of veterinary narcotic drugs shall be formulated jointly by the Ministry of Public Health and the Ministry of Agriculture， Animal Husbandry and Fishery in accordance with these Measures.

　　Article 37 The rules for the implementation of these Measures shall be formulated by the Ministry of Public Health.

　　Article 38 These Measures shall go into effect as of the date of promulgation. The Provisions for the Administration of Narcotic Drugs， promulgated by the State Council of the People's Republic of China on September 13， 1978， shall become null and void on the same day

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