Replies to LegCo questions

LCQ20: Labelling of prescribed medicines

Following is a question by the Hon Lau Kong Wah and a written reply by the Secretary for Health, Welfare and Food, Dr Yeoh Eng-kiong, in the Legislative Council today (November 19):

Question:

Will the Government inform this Council whether:

(a) it knows the respective numbers of complaints received by the relevant authorities in the past three years against private medical practitioners for failing to provide detailed information on the labels of the prescribed medicines, and for prescribing an excessive quantity of medicines; how the relevant authorities have followed up these complaints and the results thereof; and

(b) it will discuss with the Medical Council of Hong Kong the possibility of amending the professional code and conduct for registered medical practitioners to stipulate that more detailed information such as side effects of the prescribed medicines be provided on their labels?

Reply:

(a) The Medical Council of Hong Kong (the Medical Council) is a statutory body established under the Medical Registration Ordinance (Cap. 161) to regulate medical practitioners. In the past three years, the Medical Council received a total of 16 complaints concerning improper labelling of drugs dispensed by private medical practitioners. Eight of these complaints were received in 2000 while four were received each year in 2001 and 2002. During the same period, the Medical Council has not received any complaint regarding the prescription of excessive dosage of medicine.

Upon receipt of a complaint, the Medical Council will take appropriate action as provided under the Medical Registration Ordinance as follows -

(1) The chairman, deputy chairman and one lay member of the Preliminary Investigation Committee (PIC) of the Medical Council will give preliminary consideration to the complaint to decide whether it should be referred to the PIC for overall consideration, or if it is groundless or frivolous or cannot be followed up and therefore cannot or does not have to proceed further.

(2) For cases referred to the PIC for consideration, the PIC will decide if there is a prima facie case after considering the information received and the response given by the medical practitioner concerned, and decide if the complaint should be referred to the Medical Council for due inquiry.

(3) An inquiry will be heard by a committee which consists of at least five members of the Medical Council (at least one of whom being a lay member). The committee will hear the evidence given by the complainant and the registered medical practitioner as the defendant.

If a medical practitioner is found guilty of "misconduct in a professional respect", the Medical Council will decide the appropriate disciplinary action according to individual circumstances. Such disciplinary action may include ordering a warning letter to be served on the medical practitioner concerned, reprimand, or removal of the name of the medical practitioner concerned from the register.

Of the 16 complaints against improper drug labeling in the past three years, three cases were dismissed without the need for PIC hearing. Ten cases were considered and subsequently dismissed by the PIC. Three cases were referred to the Medical Council for enquiry and were subsequently found guilty of professional misconduct. The names of the medical practitioners in two cases were removed from the register for one month, suspended for one year, and that of the remaining case was removed for three months, suspended for two years.


(b) The Professional Code and Conduct (the Code) issued by the Medical Council to all registered medical practitioners has already stipulated a number of requirements on drug labeling, including precautions where appropriate. For instance, section 10.1 of the Code stipulates that all medications dispensed to patients directly or indirectly by a medical practitioner should be properly and separately labelled with the following essential information -

(1) name of doctor or means of identifying the doctor who prescribes the medication;

(2) a name that properly identifies the patient;

(3) the date of dispensing;

(4) the trade name or pharmacological name of the drug;
[If a generic drug is used, a doctor may add the term "generic substitute for (name of patent drug)" on the label to further facilitate identification of the generic drug. Reference could be made to the "Compendium of Pharmaceutical Products" which lists all the drugs registered in Hong Kong and is published by the Department of Health.]

(5) the dosages, where appropriate;

(6) the method and dosage of administration; and

(7) precautions where applicable.

The Administration has been working closely with the Medical Council to uphold the standard of the profession for the protection of public health. Matters of public concern will be reflected to the Council whenever necessary.

Ends/Wednesday, November 19, 2003
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