*************************************

Following is the question by the Hon Li Kwok-ying and a written reply by the Secretary for Economic Development and Labour, Mr Stephen Ip, in the Legislative Council today (November 17):

Question:

Regarding the sick leave certificates issued by Chinese medicine practitioners ("CMPs"), will the Government inform this Council:

(a) whether the government departments concerned and the Labour Advisory Board have discussed the reference guide on issuance of sick leave certificates by registered CMPs issued by the Chinese Medicine Council of Hong Kong in December last year; if they have, of their conclusions;

(b) whether the authorities are studying legislative amendments to give statutory status to the sick leave certificates issued by CMPs; if so, of the progress of the study; if not, the reasons for that; and

(c) as some employers worry that when sick leave certificates have acquired statutory status, they may be issued by CMPs indiscriminately, how the authorities will address these employers' concerns?

Reply:

Madam President,

(a) The Department of Health (DH) was involved in drawing up the guidelines on the issuance of sick leave certificates by registered Chinese medicine practitioners (CMPs). With the assistance of DH, the Chinese Medicine Practitioners Board (CMPB) established under the Chinese Medicine Council of Hong Kong (CMC), set up a Liaison Group in November 2002 for the purpose of drafting the guidelines to regulate the issuance of sick leave certificates. The Liaison Group comprises representatives from 11 local Chinese medicine associations with the attendance of a Senior Medical Officer from DH. The Liaison Group considered the drawing up of guidelines essential for the further development of Chinese medicine in Hong Kong, and took into account views from more than 40 local Chinese medicine associations in finalising the guidelines.

In addition, the Labour Department (LD) formed a Focus Group comprising representatives of employers, employees and CMPs in September 2002 to advise on actions for the implementation of the recognition of Chinese medicine under labour laws. The Focus Group made suggestions to the "general points to note on the issuance of sick leave certificates" in the guidelines. It also proposed that seminars should be organised for registered CMPs to prepare them for the medical functions under labour laws.

The guidelines were formulated on the basis of the diagnoses and patterns of different diseases. Given the principle of self-regulation by the Chinese medicine profession, the guidelines were not discussed by the Labour Advisory Board (LAB). The CMC is the statutory body established by virtue of the Chinese Medicine Ordinance to regulate the professional practice and conduct of CMPs. The CMPB endorsed and issued the guidelines to all registered CMPs in Hong Kong early this year.

(b) Having consulted the Chinese medicine profession, relevant bodies, the LAB and the Panel on Manpower of the Legislative Council, the Administration is drafting amendments to the relevant labour ordinances to recognise the certification issued by registered CMPs. We aim to introduce the amendment bill into the Legislative Council in the second half of the current legislative session. The proposed amendments include recognising sick leave certificates issued by registered CMPs.

(c) According to the Code of Practice issued by the CMC, a registered CMP should be professionally responsible to patients and abide by the regulations stipulated in the relevant medical ordinances to best serve the medical interests of patients. A registered CMP should have the relevant knowledge and skills in order to perform his / her professional duties. The Code also sets out that a registered CMP should not issue professional documents which are untruthful or misleading.

The guidelines on the issuance of sick leave certificates stipulates that registered CMPs should be professionally and ethically responsible to their patients, that sick leave certificates should be issued in conformity with their professional expertise. Registered CMPs are obliged to issue appropriate medical certificates based on their professional judgement and the individual circumstances of patients, failing which the concerned CMP would be considered to have breached the Code of Practice and is liable to disciplinary proceedings.

The CMC has put in place a mechanism to handle complaints against malpractice and misconduct of CMPs. Complaints against the professional practice of CMPs can be made to the CMC for follow-up action.

To prepare registered CMPs for the proper discharge of duties upon implementation of the legislative proposal, LD has published a leaflet on the issuance of medical certificates and keeping of medical records in relation to labour laws. The leaflets are distributed to all registered CMPs, employer associations and insurers. Seminars on the medical functions stipulated under labour laws are also held regularly for registered CMPs.

Ends/Wednesday, November 17, 2004

NNNN