Press Releases
Bill to control practice, use and trading of Chinese medicine
The Chief Executive in Council has approved the introduction of a bill which seeks to provide for the establishment of a statutory regulatory framework to control the practice, use, manufacture and trading of Chinese medicine.
The framework will include registration of practitioners in Chinese medicine, licensing of traders in Chinese medicines and registration of proprietary Chinese medicines.
Announcing this today (Thursday), the Secretary for Health and Welfare, Mrs. Katherine Fok, said the proposed regulatory framework would enhance public health protection and safety and greatly improve public confidence in the use of Chinese medicine.
"In addition, the establishment of a sound and credible regulatory framework will lay a solid foundation for the future development of Chinese medicine within our healthcare system and strengthen Hong Kong's potential to develop over time into an international centre for research, manufacture and trading of Chinese medicine," she stressed.
Under the Chinese Medicine Bill which will be gazetted for public information tomorrow, a Chinese Medicine Council will be set up to be responsible for implementing various control measures.
Two boards will be established under the Council. They are the Chinese Medicine Practitioners Board which will be responsible for regulating the practice of Chinese medicine, and the Chinese Medicines Board which will focus on controlling the use, manufacture and trading of Chinese medicines. A number of committees will also be set up to assist the two Boards in pursuing their functions.
"Members of the Council, Boards and committees will be drawn from different Chinese medicine sectors, but will also include representatives from the Administration and other sectors of the community to ensure that public interest will be fully reflected," said Mrs. Fok.
On the registration of practitioners in Chinese medicine, the Bill stipulates that all applicants will be required to take a Licensing Examination conducted by the Chinese Medicine Practitioners Board.
The applicants must first satisfy the Practitioners Board that they have satisfactorily completed an undergraduate degree course of training in Chinese medicine practice or its equivalent. Only those who pass the examination will be allowed to register as a Chinese medicine practitioner.
" We believe that the existing 7,000 Chinese medicine practitioners are competent in the practice of Chinese medicine, with many having practised for many years, we therefore propose to provide some transitional arrangements to facilitate the registration of these practitioners," Mrs. Fok said.
Depending on the applicants' level of experience, knowledge and skills, they may be exempted from the Licensing Examination and be allowed to register, or allowed to register subject to a registration assessment conducted by the Chinese Medicine Practitioners Board.
Details of the proposed transitional arrangements are at the Annex.
The Bill also proposes a control mechanism for the licensing of retailers and wholesalers of Chinese herbal medicines, the licensing of wholesalers and manufacturers of proprietary Chinese medicines, and the registration of individual proprietary Chinese medicines.
Schedule 1 of the Bill contains 31 Chinese herbal medicines which are known to be potent. These medicines may only be sold or dispensed based on prescription by registered Chinese medicine practitioners.
Schedule 2 in the Bill contains a list of 574 Chinese herbal medicines commonly used in Hong Kong. Retailers and wholesalers who want to supply or sell the Chinese herbal medicines listed in Schedules 1 and 2 will require a licence from the Chinese Medicines Board.
As regards proprietary Chinese medicines manufactured or offered for sale in Hong Kong, they must be individually registered with the Chinese Medicines Board. Wholesalers and manufacturers of proprietary Chinese medicines will also require a licence from the Board.
To minimise disruptions to the existing Chinese medicines trade, the following transitional arrangements would be made so that the manufacturers and traders could continue with their business, pending the completion of the concerned licensing and registration procedures:
* A proprietary Chinese medicine which is manufactured or sold in Hong Kong on 1 March 1999, shall be "deemed to be registered" once an application for registration has been made to the Chinese Medicines Board;
* A retailer or wholesaler of Chinese herbal medicines or a manufacturer or wholesaler of proprietary Chinese medicines, who carries on business on 3 January 2000, shall be "deemed to be licensed" once an application for licence has been made to the Chinese Medicines Board; and
* The proprietary Chinese medicine concerned shall be "deemed to be registered" or the trader shall be "deemed to be licensed" until the application is approved or rejected.
"These transitional arrangements will end on a date appointed by the Secretary for Health and Welfare who will ensure that the existing traders and manufacturers will be given sufficient time, where necessary, to make changes for meeting the licensing requirements," Mrs. Fok added.
The Bill will be introduced into the Legislative Council for First and Second Readings on 3 February.
Annex - Transitional arrangements for Chinese medicine practitioners
As there are currently a large number of Chinese medicine practitioners practising in Hong Kong and to allow sufficient time for the necessary adaptation by the profession, some transitional arrangements are proposed to be provided for them. When the legislation on Chinese Medicine comes into effect in due course, these practitioners may apply for registration under alternative qualifying requirements and the details of the proposed arrangements as follows -
1. Chinese medicine practitioners who satisfy the Practitioners Board that they have continuously been practising Chinese medicine in Hong Kong for 15 years or more immediately preceding 3 January 2000 will be exempted from the Licensing Examination and registration assessment. They may be registered provided they also satisfy the other general registration requirements.
2. Chinese medicine practitioners who satisfy the Practitioners Board that they have continuously been practising Chinese medicine in Hong Kong for ten years or more but less than 15 years immediately preceding 3 January 2000 and that they hold acceptable academic qualification may be exempted from the Licensing Examination as well as the registration assessment and may be registered provided they also satisfy the other general registration requirements.
3. Chinese medicine practitioners who satisfy the Practitioners Board that they have continuously been practising Chinese medicine in Hong Kong for ten years or more but less than 15 years immediately preceding 3 January 2000 but do not hold acceptable academic qualification will be subject to registration assessment by the Practitioners Board. If they pass the registration assessment, they will be exempted from the Licensing Examination. They may then be registered provided they also satisfy the other general registration requirements.
4. Chinese medicine practitioners who satisfy the Practitioners Board that they have continuously been practising Chinese medicine in Hong Kong for less than ten years immediately preceding 3 January 2000 and that they hold acceptable academic qualification will be subject to registration assessment. If they pass the registration assessment, they will be exempted from the Licensing Examination. They may then be registered provided they also satisfy the other general registration requirements.
5. Chinese medicine practitioners who have continuously been practising Chinese medicine in Hong Kong for less than ten years continuously immediately preceding 3 January 2000 and who do not hold any acceptable academic qualification will have to pass the Licensing Examination and satisfy the other general registration requirements in order to be registered.
Those practising Chinese medicine practitioners who are required to undergo a registration assessment or to take the Licensing Examination will be permitted to continue to practise Chinese medicine provisionally. They will need to meet the registration standard and be registered before a cut-off date to be specified and promulgated by the Secretary for Health and Welfare by notice in the Gazette.
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End/Thursday, January 21, 1999
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