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NEWSLETTER NO. 7 - FEBRUARY 2001

Policy Development and Planning Division
Review of Traditional Chinese Medicine

First Appointments : Chinese Medicine Registration Board of Victoria

The Victorian Minister for Health, the Hon John Thwaites, announced the first appointments of members of the Chinese Medicine Registration Board of Victoria (CMRBVic) on 14th December 2000. Victoria is the first jurisdiction outside of China to adopt a comprehensive regulatory regime for Chinese medicine.

Members of the inaugural Chinese Medicine Registration Board of Victoria are:

Prof Vivian Lin (lay member and President)
Professor Lin is Professor of Public Health at La Trobe University, and was Deputy Chair of the Victorian Ministerial Advisory Committee on Traditional Chinese Medicine. She is an advisor to the World Bank and World Health Organisation and speaks Mandarin.

Ms Genevieve Howse (lay member and Deputy President)
Ms Howse is a barrister and adjunct senior lecturer in public health law at La Trobe University. She was the legal member of the Chiropractors Registration Board from June 1997 to June 2000.

Dr Charlie (Changli) Xue (practitioner member)
Dr Xue is a senior lecturer and head of the Chinese Medicine Unit at RMIT University, and a private practitioner. He has experience in Chinese medicine administration, education and research. He speaks Mandarin, Cantonese and Chao Zhou.

Prof T Chiang Lin (practitioner member)
Professor Lin is the managing director of the company, Naturewise, and a private practitioner. He headed the delegation to the Department of Health that led to the decision to review of Traditional Chinese Medicine in Victoria. He speaks Vietnamese, Mandarin and Cantonese.

Ms Shelley Beer (practitioner member)
Ms Beer is co-ordinator and senior lecturer with the Chinese herbal medicine course at Victoria University and a private practitioner. She has a background in Chinese medicine research, practice and administration.

Prof Samuel Zheng (practitioner member)
Professor Zheng is principal of the College of Traditional Chinese Medicine in Melbourne and a private practitioner. He has qualifications in both Western and Chinese medicine. He speaks Mandarin and Japanese.

Ms Glenys Savage (practitioner member)
Ms Savage is Vice Principal and senior lecturer at the Academy of Traditional Chinese Medicine Australia and a private practitioner. She speaks Mandarin.

Mr Brian May (practitioner member)
Mr May is a lecturer at Victoria University and a private practitioner. He has a background in standard setting particularly for prescribing and the prescription of herbal medicine and speaks Japanese.

David Halstead (lawyer member)
Mr Halstead is a consultant and a retired partner with the law firm Maurice Blackburn Cashman. He was also a councillor with the Fitzroy Council for three years.

Five members of the Board have been appointed until 30 June 2003 and four members have been appointed until 30 June 2002. This will enable a staggered reappointment process so that the Board can maintain some continuity of experience as membership changes.

Panel to Assist the Board
Given the scale of the tasks facing the new Board, a panel of members has been appointed by Governor in Council on advice of the Minister for Health. The role of the panel will be to assist the Board on sub-committees and to be available for appointment by the Board to hearing panels as required. Panel members appointed are:

Dr Bing-Zhong Chen
Dr Chen is Associate Professor in Chinese Medicine at the University of Hong Kong. He is former head of the Chinese Medicine Unit at RMIT and is in private practice in Melbourne.

Ms Sally Griffin
Ms Griffin is a lawyer with experience in administrative law. She also has an interest in Chinese medicine and is currently a TCM student.

Prof Jerry Zhang
Professor Zhang is a lecturer at RMIT University and a private practitioner. He has considerable experience in Chinese herbal pharmacology.

Dr Phillipa Rothfield
Dr Rothfield is a lecturer at La Trobe University with a background in health, medicine, science and ethics. She has an interest in Chinese medicine and has written and presented on the complexities of applying western scientific research methodology to the testing of Chinese medicine.

Ms Ying Chen
Ms Chen is a research fellow at Monash University. She has a Masters of Public Health and a Masters of Health Sciences and was formerly employed by the State Administration of Traditional Chinese Medicine in China. She is a doctoral student at La Trobe University.

Ms Jocelyn Bennett
Ms Bennett established the Australian Complementary Health Association and the complementary health magazine Diversity. She has written extensively on consumer issues in complementary medicine and represented consumers on various government bodies including the Victorian Ministerial Advisory Committee on Traditional Chinese Medicine and the Commonwealth Traditional Medicines Advisory Committee.

Mr Lindsay Ford
Mr Ford is a lawyer with extensive experience in administrative and constitutional law as well as national competition policy.


Chinese Medicine Registration Board of Victoria - Update

First Meeting of the CMRBVic
The Board held its first meeting in late December 2000 and has prioritised tasks and formed a number of sub-committees to carry out the substantial work it faces to establish registration of the Chinese medicine profession in Victoria.
The work includes:

  • to establish the Register of Chinese Medicine and a process to determine which existing practitioners will be granted registration under the section 94 grand-parenting provisions;
  • to establish a process to assess and recognize qualifications of overseas trained practitioners;
  • to establish a course accreditation process and determine which Australian and overseas training courses meet the board's standards for registration of their graduates;
  • to establish procedures for dealing with other health practitioner registration boards where practitioners hold dual qualifications;
  • to advise the Victorian Minister for Health on the list of herbs that need to be included in a new Schedule I of the Poisons list of the Drugs Poisons and Controlled Substances Act to create a mechanism to control prescribing and dispensing.

CMRBVic Subcommittees established
The Chinese Medicine Registration Board has established the following subcommittees to develop policies and procedures:

  • Administration, Finance & Communications
  • Registration, Standards & Course Accreditation
  • Complaints and Hearings



 


The Role of the Chinese Medicine Registration Board of Victoria
The following brief description outlines the nature of the work that will be undertaken by the Chinese Medicine Registration Board.

Registration
The Board will maintain a register of qualified practitioners. The Chinese Medicine Register will have three divisions - Chinese herbal medicine, Acupuncture and Chinese herbal dispensing. The Board will determine the qualifications that will be required for practitioners to be eligible for registration in each division. It will also endorse the Register in order to recognise postgraduate qualifications and/or training in specialty areas such as Chinese orthopaedics and traumatology, paediatrics, gynaecology etc.

The Board will have the power to endorse registration certificates of Chinese medicine practitioners and Chinese herbal dispensers in order to allow them to be authorised under the Victorian Drugs Poisons and Controlled Substances Act (DPCS Act) to legally prescribe and/or dispense scheduled herbs restricted by their inclusion in the Poisons List of the DPCS Act.

Course Accreditation and Assessment of Overseas Trained Practitioners
The Board will be responsible for approving courses that provide qualifications for registration purposes. There are Chinese medicine courses offered across Australia at undergraduate and post-graduate levels by universities and private providers, as well as in the Vocational Education and Training sector. The Board will also be responsible for assessing the qualifications of overseas trained practitioners.

Maintaining Standards
The Board will monitor the activities of practitioners to ensure that they maintain a satisfactory standard of professional performance. The Board is empowered to investigate complaints about, and inquire into the professional conduct or fitness to practice, of persons registered under the Act and can impose sanctions or conditions and limitations on registration where necessary. The Board may also act on its own initiative to conduct investigations.

The Board is empowered to immediately suspend the registration of a practitioner acting unprofessionally or who is considered impaired and a risk to public health and safety. Registrants must provide information on any criminal convictions or judgements against them in medical negligence cases. The Board has the power to establish codes for the guidance of practitioners. These codes may specify standards of practice in areas such as the preparation, prescription, labelling, dispensing and record keeping of Chinese herbs.

Conduct Of Hearings
The Chinese Medicine Registration Act 2000 (Part3) sets out the powers of the Board to investigate practitioners and conduct formal and informal hearings. The Board must notify the Health Services Commissioner of any complaint which comes under the Health Service (Conciliation and Review) Act 1987. The Board must investigate complaints that do not come under the Health Services Commissioners' jurisdiction. The Act requires that the Board, on receipt of a complaint against a practitioner, conduct a preliminary investigation to determine what action needs to be taken. The Board may decide that no further action is required, or may conduct a formal or informal hearing.

An informal hearing will have a panel that consists of no more than 3 persons who are members of the Board and one member will be a practitioner registered in the same division as the practitioner being investigated. A formal hearing will have a panel of not less than 3 persons who are members of the Board and one will be a lawyer and at least one will be a practitioner registered in the same division as the practitioner being investigated. Sections 38 and 45 allow the Board to appoint persons with 'special expertise' to informal or formal hearing panels.

Health Issues
The Act empowers the Board to investigate the health of Chinese medicine practitioners. If a practitioner's ability to practise Chinese medicine or dispense Chinese herbs is affected because of ill health, incapacity or alcoholism or drug addiction, the Board has powers to immediately suspend the registration of the practitioner or impose conditions, limitations or restrictions on their registration, in order to protect the public.

Annual Report & Bulletin
The Board is required to submit to the Minister for Health an Annual Report that summarises its activities including numbers of registrants, and documentation of information on formal and informal hearings. The Minister for Health may either table the Board's Annual Report in Parliament, or inform Parliament of its receipt.
The Board may publish from time to time a Bulletin informing registrants and prospective registrants of information on registration requirements, standards of practice and other matters.


Call for Expressions of Interest for Registration
The Board will shortly circulate to practitioners an 'Expression of Interest' form and request that practitioners complete and forward it to the Board. The form is designed to give the Board general information about the numbers of practitioners who are interested in applying for registration in Victoria. The information collected in this way will assist the Board to design a smooth registration application process and allow the Board to establish its data collection, qualifications assessment and examination procedures prior to commencement of the registration process. Completion of an expression of interest form will not be binding on a practitioner and a separate registration application will be required at a later date along with copies of qualifications etc. Further information on the Expression of Interest process will be available from your professional associations and on the Department's website.

Input Invited from the Profession
The Board has indicated that during March and April 2001 it welcomes written input from interested individuals, education providers and professional associations, prior to finalising its policies and procedures in various areas. Papers may address:

  • Grand-parenting standards and processes
  • Course accreditation standards and processes
  • Processes and standards for assessment of new graduates and overseas trained practitioners
  • Scheduling of Chinese herbs
  • Any other matters concerning registration of Chinese medicine practitioners

Written comments should be forwarded to:

Chinese Medicine Registration Board of Victoria
GPO Box 2726X
MELBOURNE
VIC 3001
AUSTRALIA


Contact details for the CMRBVic
The Board is expecting to finalise location of its premises and appointment of administrative staff support in the near future and will notify professional associations of these contact details as soon as they are available. These details will also be published on the Department of Human Services website at the following address:
www.dhs.vic.gov.au/pdpd/chinese/index.htm
- until the Board establishes its own website.

Department of Human Services Contact Details
Further information on this newsletter and the Victorian Review of Chinese Medicine is available from:

Ms Anne-Louise Carlton
Public Health Division
Department of Health and Community
Services Victoria
G.P.O. Box 4057
Melbourne  3001

Tel: 03 9616 6137
Fax: 03 9616 7767
Email: Anne-Louise.Carlton@dhs.vic.gov.au


The contact details for the Chinese Medicine Registration Board of Victoria will be posted on the Department's website as soon as they are available.