Replies to LegCo questions
LCQ21: Regulation of diagnosis and treatment of animals
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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