The State Administration for Market Regulation (SAMR) and two other departments have issued the Guidelines for the Identification of Medical Advertisements (the "Guidelines").
The Guidelines set forth the provisions on the definition of medical advertisements, their publishing entities, the principles for determining their nature, specific circumstances, as well as interdepartmental coordination, among other matters. The Guidelines detail the circumstances that do not constitute medical advertisements and list specific circumstances in which medical advertisements are published under the guise of medical information disclosure or medical and health science popularization. Institutional arrangements are also introduced for matters such as clue referral and information notification between market regulation authorities and the health and traditional Chinese medicine authorities. According to the Guidelines, where a medical institution engages in any conduct under any of the following four categories in the course of information disclosure, including "providing subjective promotion of the medical environment, medical equipment, or other hardware facilities of the institution" and "making comparisons with other medical institutions", it shall be deemed to have published a medical advertisement.