Source: Hong Kong Government special administrative region – 4
The following is issued on behalf of the Chinese Medicine Council of Hong Kong (CMCHK):
In response to media enquiries regarding reports on the promotion of Chinese medicine practices, the CMCHK issued the following statement today (January 30):
The Chinese Medicine Practitioners Board (the Board) of the CMCHK is a statutory body established under the Chinese Medicine Ordinance (Cap. 549) (the Ordinance) and its primary function is to enforce and implement the regulatory measures for Chinese medicine practitioners (CMPs) stipulated in the Ordinance. To ensure high standards of practising conduct within the Chinese medicine profession, the Board has established the code of conduct for CMPs (CoP), which regulates CMPs’ conduct in areas including professional ethics, professional responsibility, professional conduct, practising rules, medical practice and practice advertising, enabling CMPs to meet the standards of the Chinese medicine profession.
The Board persistently maintains a high level of vigilance regarding cases involving the professional conduct of CMPs and has established stringent requirements for their professional ethics, including promotion activities. According to the provisions regarding practice promotion in the CoP, practice promotion refers to the adoption of various promotion measures to enhance the popularity of a CMP so as to gain benefits from his/her business, including the promotion of a CMP, his/her work or his/her practice, by himself/herself or others. The measures may include the provision of information to, and soliciting business from the public or patients. Any information provided by a CMP must be lawful, honest, truthful and not exaggerated. Such information must not solicit patients or solicit business, or arouse unjustifiable public concern or anxiety. Furthermore, it must not be used for commercial promotion of any medical or health-related products or services. The provisions of the CoP concerning an Internet website also apply to social media platforms.
The CoP also clearly stipulates that if a CMP who has any kind of financial or professional relationship with a health care organisation, including using the facilities of or accepting patients referred by the organisation, must exercise due diligence to ensure that the organisation does not advertise in contravention of the principles and rules applicable to individual CMPs, and to discontinue the relationship with an organisation in case of contravention. Regarding the issuance of receipts, the CoP stipulates that a CMP must not issue professional certificates which are untruthful or misleading.
The Board and its Disciplinary Committee of Chinese Medicine Practitioners (Disciplinary Committee) have consistently endeavored to prevent violations of practice promotion through public education and disciplinary procedures. In addition to regularly reminding all CMPs in Hong Kong of the relevant clauses for practice promotion through its newsletters (including last month’s issue), it follows up on each case in a rigorous manner in accordance with the procedures set forth in the subsidiary legislation of the Chinese Medicine Ordinance, the Chinese Medicine Practitioners (Discipline) Regulation, and the CoP.
Over the past five years, the Board and the Disciplinary Committee have investigated a total of 410 cases involving suspected violations of the CoP regarding practice promotion by CMPs. For substantiated allegations, the Disciplinary Committee issued advisory letters to CMPs involved in 365 cases after confirming that the irregularities had been rectified. Should a CMP fail to comply with the requirements of an advisory letter, the Board and the Disciplinary Committee will take further disciplinary action. If, during the course of handling a case, the Board or the Disciplinary Committee suspects that illegal activities are involved, the matter will be immediately referred to the law enforcement authorities for follow up.
Regarding the media report today alleging that online posts by certain individuals or organisations may have violated relevant provisions of the CoP, the Disciplinary Committee is investigating and taking appropriate follow-up actions.
The CMCHK urges members of the public to verify the qualifications of service providers before receiving Chinese medicine services. Members of the public should not blindly trust individuals without professional registration qualifications who claim to offer unique treatments. Since these individuals lack professional training and qualifications, the safety and efficacy of the “treatment” are not guaranteed, and it may even aggravate the condition or cause injuries. Moreover, if members of the public suffer injuries or encounter other problems after receiving the services provided by these individuals, they will not be able to file complaints and hold the individuals accountable for their professional responsibilities with the professional regulatory bodies. Members of the public who suspect that someone is practising without registration and/or unlawfully using the title of a registered healthcare professional should report the matter to the Police. The CMCHK and the Chinese Medicine Regulatory Office of the Department of Health will provide professional support to the Police as appropriate.
Regarding the names on the list of CMPs on the CMCHK website, the CMCHK registers them based on the information shown on the applicants’ identity documents. The Chinese names displayed on the website will be shown in either traditional or simplified Chinese characters according to the relevant documents.