of Medical Treatment by
Registered Chinese Medicine Practitioners under
the Pneumoconiosis and Mesothelioma (Compensation) Ordinance
to the Pneumoconiosis and Mesothelioma (Compensation) Ordinance1
(Cap. 360) ("the PMCO") made under the Certification for Employee Benefits
(Chinese Medicine) (Miscellaneous Amendments) Ordinance 2006 ("the Amendment
Ordinance") become effective on 1
September 2008. The objective of the amendments is to recognise the
medical treatment given by registered Chinese medicine practitioners for the purpose
of entitlement of pneumoconiosis and/or mesothelioma 2
sufferers to benefits under the PMCO.
This brief sets out in simple terms
the major amendments to
the PMCO. For information on the major provisions of the PMCO, please refer to
the leaflet published by the Pneumoconiosis Compensation Fund Board and its website
For full text of the PMCO, please refer to http://www.legislation.gov.hk/eng/home.htm.
Amendments to the PMCO]
amendments are applicable to the medical treatment and certification given by
registered Chinese medicine practitioners to the sufferers of pneumoconiosis and/or
mesothelioma on or after 1 September
note that the above information is for reference only. The Amendment Ordinance
and the Pneumoconiosis and Mesothelioma (Compensation) Ordinance remain the sole
authority for the provisions of the law explained.
Chinese medicine practitioners]
A registered Chinese medicine
practitioner refers to a person who is registered under section 69 or 85 of the
Chinese Medicine Ordinance (Cap. 549) and whose name appears on the Register of
Chinese Medicine Practitioners.
A person is entitled to be known as "registered
Chinese medicine practitioner of the Chinese Medicine Council of Hong Kong"
or the abbreviation "registered Chinese medicine practitioner" only
if his name appears on the Register.
The Chinese Medicine Council ("the
CMC") has uploaded a list of the registered Chinese medicine practitioners
onto the homepage of the CMC for public consumption. The website of the CMC is
of Practice and Reference Guide for registered CMP]
The CMC has
issued a Code of Practice for Registered Chinese Medicine Practitioners in Hong
Kong ("the Code") to uphold the professional ethics and set standards
for the practice of registered Chinese medicine practitioners. The Code requires
registered Chinese medicine practitioners to be professionally responsible to
patients and should not issue untruthful or misleading documents. It also lays
down requirements on keeping medical records and issuing prescriptions.
of Chinese herbal medicines]
Chinese herbal medicines prescribed
by a registered Chinese medicine practitioner shall be sold by a retailer of Chinese
herbal medicines with license or by a registered Chinese medicine practitioner
to a patient under his direct care. The retailer's licenses of Chinese herbal
medicines are classified into (i) licensed retailers of Chinese herbal medicines
and (ii) holders of Chinese herbal medicine retailers transitional certificates
(Transitional Licensing). The lists of licensed retailers are uploaded onto the
homepage of the CMC.
PMCO provides for compensation to sufferers of pneumoconiosis and/or mesothelioma
or their family members in respect of incapacity or death resulting from the disease(s).
The Pneumoconiosis Compensation Fund Board is responsible for determining the
amount of compensation payable and making payments in accordance with the Ordinance.
to the PMCO, pneumoconiosis means fibrosis of the lungs due to dust of asbestos
or dust of free silica, whereas mesothelioma means a primary malignant neoplasm
of the mesothelial tissue due to dust of asbestos or dust containing asbestos.
A person may contract both pneumoconiosis and mesothelioma at the same time.
to the PMCO, a person suffering from pneumoconiosis and/or mesothelioma shall
be examined by the Pneumoconiosis Medical Board to determine his degree of incapacity
resulting from the disease(s). The person may, after 21 months from the date of
the last medical examination, request the Pneumoconiosis Medical Board to conduct
a further medical examination for the purpose of determining whether there has
been any increase in the degree of his incapacity. Under the original provisions,
where the person obtains an opinion from his attending registered medical practitioner
that his health has deteriorated such that death is likely to occur soon, he may
request the Pneumoconiosis Medical Board to consider conducting an early medical