December 2019 Newsletter

Message from the President 

It has been a very busy but successful year for the Chinese Medicine Council of NSW (CMCNSW). Council members and the hardworking HPCA staff have delivered significant achievements in practitioner regulation, upholding professional standards, practitioner health and public relations.

The Chinese Medicine Council of NSW is a statutory body established under the Health Practitioner Regulation National Law (NSW). The Council focuses on protecting the health and safety of the public and promoting the Guidelines and Standards that have been developed for the profession. We have worked tirelessly to ensure that public safety is maintained at all times.

The number of complaints about Chinese medicine practitioners in New South Wales increased significantly compared to last year’s figures with almost double the number of complaints received.

The majority of complaints received this year have related to conduct, particularly breaches of the National Law and boundary violations, however, complaints about clinical care have more than doubled. An increased number of s150 hearings (immediate action) and inquiries have been conducted this year as compared to the same time last year.

The Council continues to work with key stakeholders including the Chinese Medicine Board of Australia, Universities, NSW Health, Health Care Complaint Commission and Chinese Medicine practitioners’ associations, to promote and educate the profession.

We are currently in the process of creating an online education video for the profession and we are working closely with the Chinese Medicine Board of Australia to ensure all Chinese medicine practitioners in Australia have access. 

The Council has been active this year and has undertaken a meeting with stakeholders to raise the profile of the Council. The Council also organised two Roadshow educational events for NSW practitioners in August and November at Western Sydney University and the University of Technology Sydney, respectively.

The Roadshow events aim to educate our NSW practitioners on various regulation issues including: 

• obtaining informed consent from patient
• understanding of National Law requirements
• communication with patients
• complaints / notifications processes.

The Council is also planning to collaborate with local research institutes or universities to conduct profession based community research to promote public safety and improve the effectiveness of practitioner regulation. Other plans regarding newsletter production are also in place to promote the Council’s activities to members of the profession in the upcoming months.

The Council welcomed the following new members to assist it with its regulatory work since July 2018 – Professional Members: Dr Li Meikin Rees PhD and Dr Wenbo Peng PhD, as well as Legal Member Ms Christina Lam.  I extend my thanks to the other continuing members of the Council: Ms Christine Berle (Deputy President) and Mr Stephen Woods (Community Member) for their work during the year.

I would also like to thank the HPCA staff for providing excellent administrative and legal support to the Council, particularly Executive Officer Ms Farina Bains, Acting Executive Officer Ms Heather Comino, and Program Officer Ms Melissa Virtu.

The Council is ably assisted in its work by Authorised persons who conduct inspections on behalf of the Council and Panel members who are appointed to undertake hearings and I extend my thanks to them for their continuing assistance.

May I take this opportunity to wish you, your families and loved ones a safe, happy, and joyous Christmas, and a relaxing and rewarding holiday season. I hope you all get some quality private and leisure time – you deserve it.

Recent roadshows

The Chinese Medicine Council of NSW hosted two roadshow education programs for registered Chinese medicine practitioners, students and stakeholders on 3 August 2019 and 10 November 2019, respectively. The roadshow included an overview of the role and function of the Council in the regulation of the Chinese Medicine profession and five sessions focusing upon Chinese medicine practice codes and guidelines. These sessions covered a number of topics such as Complaints and Notifications, Informed Consent, Social Media, Clinical Records, and Advertising and Testimonials. At the end of each roadshow, the Council also held an open discussion with practitioners, students, and stakeholders on issues that are relevant to the Chinese Medicine profession.

Social media and advertising

Social media is a commonly used means of sharing opinions and information online. The Chinese Medicine Board of Australia published a Social Media Policy in March 2014. When using social media, Chinese medicine practitioners should remember that Section 133 of the Health Practitioner Regulation National Law (NSW) (the National Law), the National Board’s Code of Ethics and Professional Conduct (the Code of conduct) and the Guidelines for advertising regulated health services (the Advertising guidelines) apply. Adherence to advertising codes, social media, and the National Law is compulsory. There are penalties under the National Law for persons found guilty of advertising offenses.

Complaints and notifications

The Council manages complaints about registered Chinese medicine practitioners and students in NSW. A notification/complaint can be made about the conduct, performance, and/or health of a registered health practitioner. In 2018/19, complaints covered a wide range of issues, ranging from clinical care and infection/hygiene to concerns about boundary violation and statutory offense - national law. In addition, there have been several incidents and notifications (complaints) of pneumothorax in recent years. In an endeavour to manage pneumothorax notifications the Council developed an education package, which has been enhanced by the Chinese Medicine Board of Australia. 

For more information, please see the Guidelines for Mandatory Notifications.

Informed consent form

Registered health practitioners are highly regarded and respected within society, holding a privileged and trusted relationship with both their patients and the public. Informed consent is a person’s voluntary decision about healthcare that is made with knowledge and understanding of the benefits and risks involved. The key points to cover in an Informed Consent form include:

• the explanation of each treatment or therapy provided
• clarification of any pre-treatment requirements
• detailed diagnostic process and treatment evaluation
• the anticipated risks and possible side effects.

A useful guide to the information that health care practitioners need to give to patients is available in the National Health and Medical Research Council (NHMRC) publication General guidelines for medical practitioners in providing information to patients.

For more information, please see the Code of Conduct.