| About the
Chinese Medicine Ordinance |
| Q 1 : |
When was the Chinese Medicine
Ordinance passed? |
| A 1 : |
The Chinese Medicine Ordinance (Cap.
549 of the Laws of Hong Kong) was passed by the Legislative Council
on 14 July 1999. |
Q 2 : |
Where can the Chinese Medicine Ordinance be purchased? |
| A 2 : |
The Chinese Medicine Ordinance
can be purchased from the Government Publications Centre. The
address of the Government Publications Centre is :
Government Publications Centre
G/F, Low Block, Queensway Government Offices
66 Queensway, Hong Kong.
The Chinese Medicine Ordinance can also be downloaded
from the government website (www.justice.gov.hk). |
About
the Chinese Medicine Council
of Hong Kong |
| Q 1 : |
When was the Chinese Medicine
Council set up? What is its composition? |
| A 1 : |
The Chinese Medicine Council was
set up in September 1999. Its members include Chinese medicine professionals
and traders, persons from educational or scientific research institutions,
lay persons and government officials appointed by the Chief Executive. |
Q 2 : |
What is the main function of the Chinese Medicine Council? |
| A 2 : |
The main function of the Chinese
Medicine Council is to carry out and implement the regulatory measures
for Chinese medicine as stipulated in the Chinese Medicine Ordinance.
Regulation of Chinese medicine practitioners includes registration,
examination and discipline of Chinese medicine practitioners, whereas
regulation of Chinese medicines includes licensing of Chinese medicines
traders and registration of proprietary Chinese medicines. |
Q 3 : |
What is the address of the Chinese Medicine Council? |
| A 3 : |
The address of the Chinese Medicine
Council is :
22/F Wu Chung House
213 Queen's Road East
Wanchai
Hong Kong
Enquiry no. : 2121 1888
Fax no. : 2121 1898 |
About Regulation of Chinese medicine
practitioners |
| Q 1 : |
How can one become a registered Chinese medicine
practitioner? |
| A 1 : |
According to the Chinese Medicine Ordinance,
any person who wishes to be registered as a registered Chinese medicine
practitioner shall undertake and pass the Licensing Examination
conducted by the Chinese Medicine Practitioners Board of the Chinese
Medicine Council. To be eligible to undertake the Licensing Examination,
one should have satisfactorily completed such undergraduate degree
course of training in Chinese medicine practice or its equivalent
as is approved by the Chinese Medicine Practitioners Board. |
Q 2 : |
What titles can a registered Chinese medicine practitioner use? |
| A 2 : |
Under section
74 of the Chinese Medicine Ordinance, registered Chinese medicine
practitioners are entitled the Chinese titles of " ",
" ",
" "
or " ",
and the English titles of "registered Chinese medicine practitioner
of the Chinese Medicine Council of Hong Kong" or "registered
Chinese medicine practitioner" with one of the streams of
practice in Chinese " ",
" "
or " "
or in English "general practice", "acupuncture"
or "bone-setting" put in a bracket at the end of the
title.
According to section
108 of the Chinese Medicine Ordinance, any person uses title,
etc. unlawfully and practises without registration commits an
offence, for example if any person falsely takes or uses any name,
title, addition or description implying that he is a registered
Chinese medicine practitioner; or he is qualified to practise
Chinese medicine; or his name is included in the Register of Chinese
Medicine Practitioners commits an offence and is liable to a fine
at level 6 and to imprisonment for 3 years. Please refer to section
108 of the Chinese Medicine Ordinance for details. |
Q 3 : |
What are the differences between registered Chinese medicine practitioners
and listed Chinese medicine practitioners? |
| A 3 : |
During the period of transitional arrangements,
both registered Chinese medicine practitioners and listed Chinese
medicine practitioners are allowed to practise legally. Registered
Chinese medicine practitioners are being registered for they have
obtained professional qualifications recognized by the Chinese
Medicine Practitioners Board and have undergone professional assessment.
The identity of listed Chinese medicine practitioners is transitional
in nature. Listed Chinese medicine practitioners have to obtain
the qualification to be registered through various means, for
example through the Registration Assessment or Licensing Examination.
Registered Chinese medicine practitioners have to display their
practising certificates and listed Chinese medicine practitioners
their notification letters for listed Chinese medicine practitioners
in their practising clinics.
In addition, listed Chinese medicine practitioners can only use
the title of " Chinese medicine practitioner". Only
after they have passed the Registration Assessment or Licensing
Examination and get registered can they use the title of "
registered Chinese medicine practitioner".
Both registered and listed Chinese medicine practitioners have
to comply with the professional code of practice. The Chinese
Medicine Practitioners Board may conduct disciplinary inquiry
against a particular registered or listed Chinese medicine practitioner
and handle the matter appropriately which may include cancellation
of the professional qualification of the practitioner concerned
in case of any incident.
According to the Chinese Medicine Ordinance, only registered
Chinese medicine practitioners are allowed to prescribe Schedule
1 Chinese herbal medicines of the Chinese Medicine Ordinance.
Listed Chinese medicine practitioners are not allowed to prescribe
Schedule 1 Chinese herbal medicines.
A list of the names, addresses and qualifications of all persons
whose names appear in the Register of the Chinese Medicine Practitioners
and a list of the names of all persons whose names appear in the
List of listed Chinese medicine practitioners will be published
in the gazette of the Government of the HKSAR or can be downloaded
from the homepage of the Chinese Medicine Council for public reading. |
Q 4 : |
Can Chinese medicine practitioners from other places perform clinical
teaching or scientific research in Chinese medicine in Hong Kong? |
| A 4 : |
According to section
83 of the Chinese Medicine Ordinance, where a specified educational
or scientific research institution intends to engage a non-Hong
Kong registered Chinese medicine practitioner to perform clinical
teaching or research in Chinese medicine for the institution, the
institution may apply to the Chinese Medicine Practitioners Board
on behalf of the person for limited registration of that person.
The period for which the limited registration is to have effect
should not exceed one year. If necessary, the institution concerned
can apply for renewal. Chinese medicine practitioners with limited
registration can only perform the specified clinical teaching or
research in the specified institutions and cannot practise Chinese
medicine privately in Hong Kong.
According to the Chinese Medicine Ordinance, the Chinese Medicine
Practitioners Board has specified a list of institutions which
may apply for limited registration. They are the University of
Hong Kong, the Chinese University of Hong Kong, City University
of Hong Kong, Hong Kong Baptist University, the Hong Kong Polytechnic
University and Hospital Authority. |
About the Chinese Medicine Practitioners Licensing Examination |
| Q 1 : |
What are the requirements for
undertaking the Chinese Medicine Practitioners Licensing Examination (Licensing Examination)? |
| A 1 : |
Under section 61 of the Chinese
Medicine Ordinance, a person shall be eligible to undertake the Licensing
Examination if: -
-
he has satisfactorily completed such an undergraduate degree
course of training in Chinese medicine practice or its equivalent
as is approved by the Practitioners Board; or
-
he has become a listed Chinese medicine practitioner under
the transitional arrangements for registration of Chinese
medicine practitioners and has been notified by the Practitioners
Board that he has to undertake and pass the Chinese Medicine
Practitioners Licensing Examination before he is eligible
for registration as registered Chinese medicine practitioners.
The undergraduate degree course mentioned in section 61 of the
Chinese Medicine Ordinance must fulfil the basic requirements
as determined by the Practitioners Board, which include:
| |
(a) |
A full-time on campus degree
course with duration of not less than 5 years, including a
clinical training of not less than 30 weeks. Other than the
clinical internship and clinical practice, the course must
be fully conducted in the institution awarding the bachelor
degree in Chinese medicine; and |
| |
(b) |
The course must include the
following 10 compulsory subjects: |
| |
|
(i) |
Basic Theories of Chinese
Medicine; |
| |
|
(ii) |
Diagnostics of Chinese Medicine; |
| |
|
(iii) |
Chinese Materia Medica; |
| |
|
(iv) |
Chinese Medicinal Formulary; |
| |
|
(v) |
Internal Medicine of Chinese Medicine; |
| |
|
(vi) |
External Medicine of Chinese Medicine; |
| |
|
(vii) |
Gynaecology of Chinese Medicine; |
| |
|
(viii) |
Paediatrics of Chinese Medicine; |
| |
|
(ix) |
Orthopaedics and Traumatology of Chinese
Medicine; |
| |
|
(x) |
Acupuncture and Moxibustion of Chinese
Medicine; and |
| |
(c) |
If a course fulfils the requirements
stated in (a) but it does not include all the compulsory subjects
stated in (b), the course will be accepted as an equivalent
course, if the applicant has completed the study of the relevant
subject in one of the recognized institutions in accordance
with the requirements as stated in Appendix 1 of the Candidates'
Handbook, and |
| |
(d) |
The institutions conducting
the course must fulfill the basic requirements of the university
and clinical teaching in terms of teaching condition, teaching/practical
facilities, education management, library information, teacher
qualifications, admission standard and clinical training,
etc. |
If a course is conducted, whether in whole or
in part, by means of distance learning, such as correspondence,
web-based or self-learning, the course does not meet the above
basic requirements and will not be accepted. |
Q 2 : |
How to obtain the list of recognized institutions? |
| A 2 : |
The Practitioners Board recognizes
the full-time undergraduate degree courses in Chinese medicine of
no less than 5-year and which fulfils the basic requirements offered
by the universities and institutes stated in Table 1 of the Candidates'
Handbook. The list of institutions offering recognized courses
will be announced during the application period of the Licensing
Examination each year. |
Q 3 : |
How to find out the rules and content of the Licensing Examination? |
| A 3 : |
Candidates must obtain a pass in Part I - Written Examination (both Paper 1 and Paper 2) before they are eligible for taking Part II - Clinical Examination. The result of a pass in the Written Examination may be retained for 5 years (i.e. 5 years after the year of obtaining a pass). If a candidate cannot pass the Clinical Examination within 5 years, he must re-sit and pass the Written Examination (both Paper 1 and Paper 2) before he is eligible for undertaking the Clinical Examination again.
Starting from 2007, an applicant who applies to take the Written Examination for the first time* must enrol in both Paper 1 and Paper 2. A candidate who passes either of the two papers in 2007 or thereafter will be allowed to retain the pass result for 3 years and he may choose to make up the other paper. However, he must re-sit and pass the other paper within 3 years, otherwise he must re-sit the Written Examination (both Paper 1 and Paper 2). Other than re-sitting, an applicant must enrol in both Paper 1 and Paper 2. If a candidate enrols in both papers, the passing mark will be determined on the basis of the total score of the two papers or either paper. A candidate who passes both papers in a single examination, or passes both papers within a period of 3 years after 2007 would be regarded as having passed the Written Examination. An applicant applying to re-sit either paper of the Written Examination is required to pay the prescribed fee for the Written Examination.
(*The definitions of "taking the Written Examination for the first time" and "re-sitting the Written Examination" do not cover the attempts and the results obtained before 2007. Only those candidates who pass either of the two papers of the Written Examination in or after 2007 are eligible to re-sit the other paper.)
The syllabus of the Part I Written Examination of the Licensing Examination includes 13 subjects. Please refer to Appendix 2 of the Candidates' Handbook for details.
The Part II Clinical Examination is conducted in the form of an interview. There are 4 different cases, including 2 complete cases and 2 incomplete cases. They are chosen from six designated clinical subjects. A candidate must analyze and answer two different cases, including a complete case and an incomplete case. The interview time for the examination is 30 minutes. Candidates have 20 minutes of preparation time before the examination starts. Please refer to Appendix 3 of the Candidates' Handbook for details of the syllabus. |
Q 4 : |
Are there any standard teaching materials / reference books for the Licensing Examination? |
| A 4 : |
Under section 60(1) of the Chinese Medicine Ordinance, the Practitioners Board shall determine the examination syllabus, format and standard of assessment and related matters in respect of the Licensing Examination. The examination syllabus of the Licensing Examination has been published in the Candidates' Handbook. As the Licensing Examination mainly tests the basic Chinese medicine theories and clinical knowledge of the candidates, the basic theories contained in any Chinese medicine teaching materials are generally more or less the same, and there is no fundamental difference in the elaboration of the basic Chinese medicine theories among different versions of the Chinese medicine teaching materials of the tertiary institutions, no standard teaching materials are designated for the Licensing Examination. |
Q 5 : |
Will the Practitioners Board publicise the passing mark for the Licensing Examination? |
| A 5 : |
The Licensing Examination consists of two parts: Part I - Written Examination and Part II - Clinical Examination. For the past nine years, the passing mark for Part I - Written Examination is 55% of the total mark of 300, that is 165; and the passing mark for Part II - Clinical Examination is 60% of the total mark of 200, that is 120. |
Q 6 : |
How will the Part II Clinical Examination of the Licensing Examination be assessed? |
| A 6 : |
The Clinical Examination aims to test the candidates’ basic clinical knowledge and skills on Chinese medicine. The candidates are required to apply their Chinese medicine clinical knowledge with comprehensive analysis and flexibility to solve real clinical situations. The examiners will take into consideration the reasonability of the answers of the candidates as a whole in making assessment. |
About Continuing
Education in Chinese medicine |
| Q 1 : |
What are the requirements for
continuing education in Chinese medicine ? |
| A 1 : |
Under section
82 of the Chinese Medicine Ordinance, the Chinese Medicine Practitioners
Board may, on the advice of the Registration Committee, make arrangements
for the accreditation of continuing education in Chinese medicine,
either on its own or in conjunction with any other person or educational
institution. A practising certificate can be renewed only if its
holder complies with the requirements of continuing education in
Chinese medicine. The Chinese Medicine Practitioners Board will
announce the requirements for continuing education in due course. |
About
Issuing of sick leave certificates and other medical proofs by registered
Chinese medicine practitioners |
| Q 1 : |
What are the differences between
registered Chinese medicine practitioners (CMPs) and listed CMPs? |
| A 1 : |
To allow CMPs who were practising
in Hong Kong before implementation of the Chinese Medicine Ordinance
(CMO) to continue the practice, the CMO provides for transitional
arrangements for the registration of CMPs. Any CMP who was practising
Chinese medicine in Hong Kong on 3 January 2000 may apply within
the application period for listing as listed CMPs in accordance
with the requirements and criteria of the CMO and the Chinese
Medicine Practitioners Board (the Practitioners Board). The application
period for listing of CMPs was closed on 30 December 2000. During
the transitional period, a listed CMP may continue to practise
in Hong Kong until he had been registered as a registered CMP
or a date to be announced in the gazette by the Secretary of Health
and Food.
Under Section 92 to 95 of the CMO, the Practitioners Board of
the Chinese Medicine Council (the council) has assessed the practising
experience and academic qualifications of all listed CMPs based
on the information submitted by them in the listing applications
to determine their alternative
qualifying requirements for registration.
Any person who is not a listed CMP but intends to practise Chinese
medicine in Hong Kong must hold an undergraduate degree in Chinese
medicine, or its equivalent, as is approved by the Practitioners
Board and must have passed the licensing examination conducted
by the Practitioners Board, before he may apply to become a registered
CMP. A registered CMP is allowed to practise Chinese medicine
in Hong Kong only after he is granted a valid practising certificate.
The lists of registered CMPs and listed CMPs are available on
the website of the council.
The major differences between registered CMPs and listed CMPs
in respect of practice include: (i) the title to be used; (ii)
the kind of certificate to be displayed in the clinic; (3) the
code of practice for Chinese medicine to be observed; and (4)
the right to prescribe toxic Chinese herbal medicines in practice.
For details, please refer to the information
leaflet "Registered and Listed Chinese Medicine Practitioners"
prepared by the Chinese Medicine Division of the Department of
Health. |
Q 2 : |
How can one tell whether a person is a registered CMP or not? |
| A 2 : |
Members of the public can tell
if a person is a registered CMP through the following means:
| (i) |
|
Checking the person’s practising
certificate — |
| |
- |
As required by the Code of Practice for
Registered Chinese Medicine Practitioners in Hong Kong (Code
of Practice), a registered CMP practising in Hong Kong should
display his practising certificate at a conspicuous place
in the clinic. |
(ii) |
|
Checking against the website
of the council — |
| |
- |
A
list of registered CMPs (including CMPs with limited registration) has been uploaded to the website of the council for public
access. |
(iii) |
|
Making an enquiry with the CMC by telephone on 2121 1888. |
|
Q 3 : |
Apart from registered CMPs, can listed CMPs and CMPs with limited
registration issue sick leave certificates? |
| A 3 : |
After the amended Employment
Ordinance became effective on 1 December 2006, sick leave certificates
issued by registered CMPs and CMPs with limited registration are
recognized under the Employment Ordinance. Individual employers
may make their own decisions on whether to recognize the sick
leave certificates issued by listed CMPs. |
Q 4 : |
How can one access the Reference guide on Issuance of Sick Leave
Certificates by Registered Chinese Medicine Practitioners (the Reference
Guide) (Chinese only) |
| A 4 : |
The Practitioners Board of the
council has distributed the reference guide to each registered
CMP. In addition, the reference
guide has been uploaded to the website of the council. |
Q 5 : |
Is the reference guide legally binding? |
| A 5 : |
Reference guide on the issuance
of sick leave certificates by registered CMPs compiled by the
Practitioners Board is a reference without statutory status. Registered
CMPs should issue appropriate sick leave certificates based on
their professional judgement and the particular circumstances
of individual patients. |
Q 6 : |
Should CMPs prepare sick leave certificate forms and set the format
of the certificate on their own? |
| A 6 : |
CMP should design and print the
sick leave certificate forms by themselves. A sample is given
for reference at Appendix of the reference guide published in 2003 by the Practitioners
Board of the council. |
Q 7 : |
When a patient asks for a sick leave certificate, can a CMP charge
an extra fee? |
| A 7 : |
There is no legal requirement
against charging a fee for issuance of sick leave certificates
by CMPs. The current Code of Practice contains no provision against
charging a fee for issuance of sick leave certificates by CMPs.
Concerning the rights of consumers, CMPs should first tell patients
the fee schedule for issuance of sick leave certificates. In respect
of the regulation of the Chinese medicine profession, a patient,
considering that a CMP has done something which has fallen short
of the standards of conduct expected among his professional colleagues
during the practice, may make a complaint to the Disciplinary
Committee. |
Q 8 : |
Can CMPs issue sick leave certificates with retrospective effect
to patients? |
| A 8 : |
The reference guide prepared
by the Practitioners Board highlights the general issues in relation
to the issuance of sick leave certificates by registered CMPs,
including — Sick leave certificates issued by CMPs should
be up to the professional standard. CMPs should not recommend
excessive sick leave and the duration of each sick leave should
not exceed 7 days. If needed, CMPs may issue another sick leave
certificate in the next consultation and it is not appropriate
for CMPs to back date a sick leave certificate. |
Q 9 : |
Can CMPs issue sick leave certificates to family members? |
| A 9 : |
CMPs are not forbidded by law
to issue sick leave certificates to their family members. Regarding
insurance indemnity, insurance companies may make their own decisions
on whether to accept or reject sick leave certificates issued
by CMPs to their family members. |
Q 10 : |
If an employer or an insurance company asks a CMP for patient records
or relevant documents, what should a CMP do to protect a patient’s
privacy? |
| A 10 : |
CMPs should follow the requirements
of the Personal Data (Privacy) Ordinance and may visit the website
of the Privacy Commissioner for Personal Data, Hong Kong (www.pcpd.org.hk;
Tel: 2827 2827) for details. Besides, it is better to communicate
in writing when handling request for medical records or other
personal particulars of patients. Patients may authorize the CMPs
in advance to disclose their personal information to employers
or insurance companies. |
Q 11 : |
If a CMP provides services in a certain medical centre, could /
should he take away the records of patients under his care on leaving
the service? |
| A 11 : |
The Code of Practice only requires
CMPs to keep medical records of patients, but does not specify
the place of storage. If a CMP is employed by a medical institution,
the place of storage of medical records is governed by the agreement
between the CMP and the medical institution. The agreement may
allow the CMP to take with him the medical records when he leaves
the institution or to leave the medical records with the institution. |
Q 12 : |
If an employer or an employee has any doubt about the sick leave
certificate issued by a certain registered CMP, who should he turn
to? |
| A 12 : |
An employer or an employee who
has any doubt on the information stated in a sick leave certificate
should make enquiries directly with the attending registered CMP
who issued the sick leave certificate. |
Q 13 : |
How can an employer or an employee make an enquiry or a complaint
if he has any doubt on the practice of a CMP or suspects that the
practice of a registered CMP constitutes professional misconduct? |
| A 13 : |
Members of the public who have
any doubt on the practice of any CMP or suspect that the practice
of a registered CMP constitutes professional misconduct can make
an enquiry or complaint with the Practitioners Board of the council.
The means of contact are:
Address: 22th floor, Wu Chung House, 213 Queen's Road East, Wanchai,
Hong Kong.
Tel. no.: 2121 1888
Fax no.: 2121 1898
Website: http://www.cmchk.org.hk |
Q 14 : |
Where should members of the public approach for enquiries about
the legitimacy of sick leave certificates and details of labour
laws? |
| A 14 : |
Regarding the statutory status
of the sick leave certificates and details of the labour ordinance,
please contact the Labour
Department at 2717 1771 for further information. |
Q 15 : |
The workplace of CMPs with limited registration is governed by the
Practitioners Board of the CMC. Under the amendments to the Employment
Ordinance, is it bound to recognize sick leave certificates issued
by CMPs with limited registration at any non-designated place of
Chinese medicine practice? As an employer, how can I find out the
designated place of practice in respect of a CMP with limited registration? |
| A 15 : |
According to the amended Employment
Ordinance, sick leave certificates issued by registered CMPs,
including CMPs with limited registration, are bound to be recognized.
At present, a total of six local educational or scientific research
institutions may apply for limited registration on behalf of the
Chinese medicine experts they employ. They include the University
of Hong Kong, the Chinese University of Hong Kong, the Hong Kong
Baptist University, the Hong Kong Polytechnic University, the
City University of Hong Kong and the Hospital Authority of Hong
Kong. Members of the public who wish to check the designated place
of Chinese medicine practice in respect of a certain CMP with
limited registration may contact the council secretariat in writing.
The council can be contacted through:
Address: 22th floor, Wu Chung House, 213 Queen's Road East, Wanchai,
Hong Kong.
Telephone: 2121 1888
Fax: 2121 1898
Email: info@cmchk.org.hk
Website: http://www.cmchk.org.hk
If it is reported to the Practitioners Board of the council that
a CMP with limited registration practises Chinese medicine at
a non-designated place of practice, the case will be dealt with
in accordance with the regulations of the CMO. |
Q 16 : |
Can a registered CMP post a notice at a conspicuous place of the
clinic (such as reception area) that no sick leave certificate will
be issued? |
| A 16 : |
After the amended Employment
Ordinance became effective on 1 December 2006, employers are legally
bound to recognise the sick leave certificates issued by registered
CMPs which are submitted by their employees. Registered CMPs should
issue appropriate sick leave certificates in accordance with their
professional judgment with due regard to the circumstances of
individual patients. |
Q 17 : |
Through what channels can members of the public find out if a registered
CMP has a valid practising certificate? |
| A 17 : |
Under the amended Employment
Ordinance, a number of medical functions performed by a registered
CMP are recognised, including issuance of sick leave certificates.
The list of registered CMPs contains two parts, (1) persons registered
under section 69 of the CMO; and (2) CMPs with limited registration
registered under section 85 of the CMO. The list is promulgated
every year in the Gazette and has been uploaded to the website
of CMC (www.cmchk.org.hk). According to the CMO, the above registered
CMPs for Chinese medicine practice under part (1) should possess
a valid practising certificate while the practising certificate
is valid for three years in general. The Code of Practice stipulates
that registered CMPs should display the practising certificate
at a conspicuous place in the clinic. Members of the public can
check with an individual practising CMP the validity period of
his practising certificate. |
Q 18 : |
What should a Chinese medicine practitioner do if a patient requests
to split receipts of consultation fees? |
| A 18 : |
To ensure high standards of professional
practice of Chinese medicine practitioners, the Chinese Medicine
Practitioners Board of the Chinese Medicine Council of Hong Kong
has compiled professional codes of practice a Code of Practice
to provide guidelines for Chinese medicine practitioners, so that
they can conform to the professional standards and requirements
in carrying out professional responsibilities. If the Practitioners
Board is satisfied that a Chinese medicine practitioner, in the
pursuit of his profession, has done something which has fallen
short of the standards of conduct expected among his professional
colleagues, or does something which is reasonably regarded as
disgraceful, unethical or dishonourable by his professional colleagues
who are of good repute and competency, then the Practitioners
Board may rule that the Chinese medicine practitioner is guilty
of professional misconduct.
Besides, the Medical Insurance Association of the Hong Kong Federation
of Insurers has, through various associations of Chinese medicine
practitioners in Hong Kong, appealed to registered Chinese medicine
practitioners not to split receipts of consultation fees, so as
to avoid contravening any criminal offences by aiding an insured
member to get premium of consultation fees by cheating or fraud.
Other than possible criminal liabilities, a Chinese medicine practitioner
would also commit professional misconduct if it reveals that he
has aided an insured member to get premium of consultation fees
by cheating or fraud. |
Q 19 : |
What should a Chinese medicine practitioner do if a patient requests
to have the amount of consultation fees indicated on prescriptions
and receipts issued to the patient? |
| A 19: |
The codes of practice do not
specify that Chinese medicine practitioners should not indicate
the amount of consultation fees on both of the prescriptions and
receipts issued to patients. According to the professional codes
of practice, issued prescriptions should include the following
information: name, address, contact telephone number and signature
of the Chinese medicine practitioner; name of patient; names and
dosages of all Chinese herbal medicines; preparation method and
route of administration for that prescription of Chinese herbal
medicines; method of use of the proprietary Chinese medicines;
number of times for re-dispensing, if any; and issuing date of
the prescription. Receipts of consultation fees issued by Chinese
medicine practitioners shall also meet the reasonable standards
of conduct expected among his professional colleagues.
It is known that the Medical Insurance Association of Hong Kong
Federation of Insurers, through various associations of Chinese
medicine practitioners in Hong Kong, appeals to registered Chinese
medicine practitioners not to indicate the amount charged on prescriptions
issued to patients. Such amount charged must only be mentioned
on the receipts issued to patients. This appeal is being made
in order to prevent an insured member from submitting a prescription
and receipt which are issued for the same service separately to
different insurance companies, and thereby making a dual claim
and profit. Making a dual claim is a violation of the principles
of indemnity in medical insurance, i.e. an insurance policy indemnifies
an insured member only to the extent of the amount the insured
member has paid for each consultation.
The Chinese Medicine Practitioners Board of the Chinese Medicine
Council of Hong Kong does not have any objection to the Medical
Insurance Association of the Hong Kong Federation of Insurers’
appeal to registered Chinese medicine practitioners.
Should registered Chinese medicine practitioners have any enquiries
regarding the issuance of documents, including receipts, to tie
in with patients’ claims of medical insurance, please contact
Hong Kong Federation of Insurers directly (tel. no.: 2520 1868;
email address: hkfi@hkfi.org.hk;
website: http:.//www.hkfi.org.hk). |
