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Following is a question by the Hon Leung Che-cheung and a written reply by the Acting Secretary for Food and Health, Professor Sophia Chan, in the Legislative Council today (December 16):
Question:
It has been reported that in recent years, some people who are not registered veterinary surgeons (non-RVSs) have used the Chinese medicine approach (including the prescription of Chinese medicines and the use of acupuncture and moxibustion) to provide diagnosis and treatment of animals, and medicines and health food products containing Chinese medicines for the treatment of animals are also available for sale on the market. Besides, proprietary Chinese medicines used for the treatment of animals are not subject to the regulation of the Chinese Medicine Ordinance (Cap. 549). Regarding the regulation of the provision of veterinary services and the sale of proprietary Chinese medicines for the treatment of animals, will the Government inform this Council:
(1) of the number of convictions relating to illegal provision of veterinary services in each of the past three years and the penalties imposed on those convicted by the court;
(2) of the existing channels through which the public may report cases in which non-RVSs use the Chinese medicine approach to provide diagnosis and treatment of animals;
(3) at present, how the public can find out whether a registered veterinary surgeon (RVS) who uses the Chinese medicine approach to provide diagnosis and treatment of animals has received the relevant professional training; whether the authorities will consider regulating the use of Chinese medicine approach to provide diagnosis and treatment of animals by RVSs;
(4) whether it will consider regulating (i) proprietary Chinese medicines for the treatment of animals and (ii) health food products containing Chinese medicines for consumption by animals; if it will, of the details; if not, the reasons for that; and
(5) as I have learnt that the Continuing Professional Development Programme implemented by the Veterinary Surgeons Board of Hong Kong (VSB) for RVSs is only voluntary in nature, and that VSB does not require veterinary surgeons to make public the continuing professional courses in which they have enrolled, hence rendering it difficult for the public to know whether veterinary surgeons have kept their professional qualifications abreast of the times, whether the authorities will consider requesting VSB to make improvements in this respect, so as to facilitate the public's understanding of the professional qualifications of veterinary surgeons; if they will, of the details; if not, the reasons for that?
Reply:
President,
In Hong Kong, any act involving diagnosis and treatment of animals is subject to regulation under the Veterinary Surgeons Registration Ordinance (Cap. 529) (VSRO). Section 16(1) of the VSRO stipulates that no person shall practise veterinary surgery (Note 1) or provide a veterinary service (Note 2) in Hong Kong unless he is a veterinary surgeon registered with the Veterinary Surgeons Board (VSB) of Hong Kong and the holder of a practising certificate currently in force. Persons in contravention of this provision are liable on conviction to a fine at level six (i.e. $100,000) and imprisonment for one year. The VSB is established under the VSRO and charged with responsibility for the regulation of the practice of veterinary surgery, the registration of veterinary surgeons, and the disciplinary oversight of the professional conduct of registered veterinary surgeons in Hong Kong. Food products for consumption by pets are currently not subject to regulation.
My reply to the various parts of the question is as follows:
(1) As mentioned above, a person who is not registered with the VSB and holding a valid practising certificate, but provides veterinary services in Hong Kong commits an offence. According to the information kept by the VSB Secretariat, in the past three years there was no record of convicted cases for contravention of this provision. In the same period, two suspected cases of illegal provision of veterinary services were reported. The Police did not instigate prosecution in these two cases due to insufficient evidence.
(2) and (3) At present, all persons accepted by the VSB for registration as registered veterinary surgeons must have passed such examinations in veterinary surgery and other related subjects and have received such examinations, training and experience as the VSB may accept, either generally or in a particular case. Registered veterinary surgeons may, based on their professional knowledge, decide what treatments should be given to the animals, including the choice of medical approaches (with Chinese medicine being one of them) and treatment methods. However, the treatments adopted should generally be endorsed by the veterinary profession and in compliance with the Code of Practice for the Guidance of Registered Veterinary Surgeons promulgated by the VSB.
Pursuant to Section 8 of the VSRO, the Secretary to the VSB keeps a register containing the names, addresses and any other details that the VSB may direct registered veterinary surgeons to provide, as well as the qualification on which their registration is based. The register is available to any person for inspection free of charge at an office nominated by the VSB. The public may also visit the VSB's website to view a full list of registered veterinary surgeons, with information including their names, registration numbers, registration dates, principal and other practising addresses in Hong Kong, qualifications, etc. Where there is suspicion of any person other than registered veterinary surgeons practising veterinary surgery or providing veterinary services, a report may be made to the Police for investigation.
When seeking veterinary services for their pets, members of the public should check with the registered veterinary surgeons the merits of the treatment methods (including Chinese medicine) that may be adopted and ascertain, where applicable, whether the surgeon has received the relevant professional training, so as to choose a surgeon who may best meet their expectations. Where there is suspicion of disciplinary offences committed by any registered veterinary surgeon (such as misconduct or neglect in any professional respect), they may make enquiries with the VSB and lodge formal complaints according to Section 17 of the VSRO. The Secretary to the VSB will follow up the complaint received.
(4) As for proprietary Chinese medicines, the regulatory framework established under the Chinese Medicine Ordinance (Cap. 549) only covers proprietary Chinese medicines for use by human beings. As defined by the Chinese Medicine Ordinance, "proprietary Chinese medicine" means any proprietary product used for the diagnosis, treatment, prevention or alleviation of any disease or any symptom of a disease in human beings, or for the regulation of the functional states of the human body. In other words, drugs for the treatment of animals or health food products containing Chinese medicines for consumption by animals fall outside this definition, and hence are not regulated as proprietary Chinese medicines under the Chinese Medicine Ordinance.
We will monitor the application of proprietary Chinese medicines on animals, and where necessary consider the need for introducing regulation on this front.
(5) Section 16 of the Code of Practice for the Guidance of Registered Veterinary Surgeons promulgated by the VSB stipulates that registered veterinary surgeons need to maintain currency in skills and knowledge to ensure that clients are consistently offered the best options. To this end, the VSB has implemented the Continuing Professional Development (CPD) Programme for encouraging practising veterinary surgeons to enhance, on a voluntary basis, their professional skills and knowledge as well as professional competence. For instance, credits will be given to a practising veterinary surgeon for participating in relevant activities such as courses, lectures, seminars, conferences, and preparation for publication or presentation of scientific papers related to the veterinary surgeon's field of work. Veterinary surgeons meeting the requirements set by the VSB will be awarded a certificate. The veterinary surgeons may display the certificates at their clinics and use the title "CPD-certified" on their business cards. The date that a veterinary surgeon last attains the certified status under the CPD is uploaded on the VSB's website for enhancing transparency and ease of public access to information showing the latest CPD status of registered veterinary surgeons.
Note 1: "Veterinary surgery" means the art and science of veterinary surgery and medicine and includes:
(a) the diagnosis of disease in, and injuries to, animals including tests performed for diagnostic purposes;
(b) the giving of advice based on such diagnosis; and
(c) the medical or surgical treatment of animals including the performance of surgical operations thereon.
Note 2: "Veterinary service" means doing or performing any act or attending to any matter the doing or performing of which or the attending to which forms part of the generally accepted practice of veterinary surgery.
Ends/Wednesday, December 16, 2015
Issued at HKT 16:37
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