TCM Development in HK

TCM in Hong Kong
Source: http://www.info.gov.hk/info/tcm.htm Working Party on Chinese Medicine In August 1989, the Government set up the Working Party on Chinese Medicine to review the use and practice of TCM in Hong Kong, with a view to advising on measures that should be taken to promote the proper use and good practice of TCM.

Following the Working Party's recommendation, the PCCM was appointed by the Secretary for Health and Welfare under non-official chairmanship in March 1995. Members of the Preparatory Committee were drawn from serving TCM professionals, western medical practitioners and academics with expertise in Chinese medicine, and Government representatives and other relevant sectors of the community.

Preparatory Committee on Chinese Medicine A Preparatory Committee on Chinese Medicine (PCCM) was appointed by the Secretary for Health and Welfare in March 1995 to make recommendations on the regulation and development of the practice, use and trading of traditional Chinese medicine (TCM). The Committee finalised its recommendations on the regulation and development of TCM and submitted its report to the Administration in March 1997.

Having considered the Committee's recommendations, the Administration proposes to establish a statutory system to regulate the practice, use and trading of TCM in order to protect public health and consumers' rights and to ensure the professional standard of TCM practice. The public consultation exercise started on 6 November 1997 and ended on 31 December 1997. The Administration aims to enact legislation in 1998/99 and begin registration of Chinese medicine practitioners by 2000.

Currently, there is limited legal control over herbal medicines or Chinese proprietary medicines for the purposes of import and export, registration and sale, or dispensing and purchase. There are incidental controls under the Public Health and Municipal Services Ordinance on fitness of a drug for human consumption and on labelling; whereas the Pharmacy and Poisons Ordinance provides control only on adulteration with western drugs. TCM practitioners are not required to be registered.

As a first step towards the eventual registration by TCM practitioners, the PCCM launched an enrolment exercise for TCM practitioners in Hong Kong from September 1995 to January 1996. The enrolment exercise aimed at obtaining information on local TCM practitioners such as their number, modes of training, qualification and practice profile. A total of 6,890 TCM practitioners have been enrolled.

The PCCM has also reviewed the use and control of TCM and has published in June 1996 a leaflet to promote the safe and proper use of TCM. A list of potent/toxic herbs was included in the leaflet for public reference. The PCCM has also published a booklet to provide detailed information on potent/toxic herbs for the TCM profession and trade in March 1997.

The PCCM, serviced by the Department of Health, has devised a framework to regulate the TCM profession and trades and submitted its recommendations to the Administration in March 1997.

The PCCM's recommendations           The PCCM's recommendations fall under two main areas as follows -
          (a) Regulatory framework
          The Committee recommends that:
          * for the better protection of public health, a statutory body should be set up by legislation to regulate the practice, use and trading of TCM;
          * a system of accreditation, involving examination, registration and discipline, should be established for TCM practitioners; and
          * a control mechanism, through registration, licensing and labelling, should be set up to regulate the manufacture, distribution, retail, and import/export of TCM.

          (b) Future development
          The Committee recommends that:
          * a full-time education programme in TCM should be developed and made available in Hong Kong;
          * scientific researches and developments in TCM should be encouraged and supported; and
          * the practice in TCM should be included, on a gradual basis, into Hong Kong's healthcare system.

The Chief Executive announced in his 1997 Policy Address that for the protection of public health, a statutory framework will be established to regulate the practice, use and trading of TCM. In the long term, the regulatory framework will facilitate more systematic, healthy and focused development of TCM.

The Administration's proposals The Administration proposes to accept the PCCM's recommendation on the establishment of a regulatory framework to control the practice, use and trading of Chinese medicine. The proposed framework will adopt the "self-regulation" principle. A statutory regulatory body composing of mainly members of the Chinese medicine profession and industry will be established to implement the regulatory measures. To ensure the standard of practice, the Administration also proposes to set up a registration system for the Chinese medicine practitioners. For the existing Chinese medicine practitioners practising in Hong Kong, it is proposed that transitional arrangements should be provided for them. The Administration also recommends the setting up of a licensing system and a registration system to regulate the trading of Chinese medicines and to ensure that the medicines for sale are fit for human consumption.

The Administration agrees that some formal education in Chinese medicine should be developed and encourages the providers to cooperate and give priority to the further training of the existing practitioners and dispensers. It also encourages further researches and developments in Chinese medicine.

Public consultation exercise A public consultation exercise was conducted from 6 November to 31 December 1997. About 50 submissions from various organizations and individual members of the public were received. Organizations which have submitted comments include Chinese medicine practitioners' associations, Chinese medicines associations, organizations of practitioners of western medicine, and those of the western medicines trade as well as individual members of the public. Separately, meetings of Provisional District Boards (PDB) were also attended by representatives of the Administration to explain its proposals and to solicit the PDB Members' views.

The comments received during the public consultation exercise have been taken into account before the final legislative proposals are to be drawn up. The Administration plans to introduce the enabling legislation into the Legislative Council in the 1998/99 legislative session; to commence registration of Chinese medicine practitioners in 2000 and to implement the regulation of Chinese medicines by phases from 2000.

Traditional Chinese Medicine Council The proposed regulatory body, tentatively known as"Traditional Chinese Medicine Council" (TCM Council), willtake up the overall administration of TCM practitioners andChinese medicines.

Two committees are proposed to be set up under theCouncil to regulate the TCM profession and Chinese medicines respectively.

The functions of the TCM Council are to ensure the effective implementation of the legislation for regulating TCM, to supervise and co-ordinate the operationof the two committees and to handle appeals against the decisions of the two committees.

Registration and Control On the regulation of TCM practitioners, it was proposed that a registration system be establishedand a universal registration examination requirement be set. In the long run, all persons who wish to register as TCM practitioners will be required to sit for and pass the registration examination. The TCM Council will draw up the details for the registration and examination. A transitional arrangements would also be in place for TCM practitioners currently practising in Hong Kong.

In addition, a disciplinary system should be established to ensure the professional conduct of registered TCM practitioners, who would have to abide by the Professional Code and Conduct drawn up by the TCM Council.

Regulation of Chinese medicines would be exercised over Chinese herbs, proprietary Chinese medicines and the Chinese medicinestrade (including dispensers). The control should cover manufacturers of Chinese medicines, exporters and importers, wholesalers, retailers and processing traders of Chinese medicines. The scope of control should cover the hygiene conditions and facilities in the warehouse, shops andfactories, as well as the packaging, labelling, storage and sale of Chinese medicines.

As its implementation required co-ordination and preparatory work in different aspects, it is proposed that the relevant measures be carried out by phases from the year 2000.

A minutes from the Legco (Process of Legislation of Traditional Chinese Medicine)

Download the Proposed Consulatation Ducoment of TCM Regulations of Hong Kong