• Title/Summary/Keyword: Chinese Medicine Law

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A Case Note on the Medical Negligence of Traditional Chinese Herbal Medicine in the UK

  • Lee, Hai Woong
    • Journal of Society of Preventive Korean Medicine
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    • v.18 no.3
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    • pp.105-115
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    • 2014
  • Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is taken as complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In the UK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners using herbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these days because patients who take TCM service are increasing by year. Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however, it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legal management and the resolving principle in the alternative medicine practice with some cases of Korean Medicine (KM) being discussed. Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breach of that duty by negligence, and the harm to the patient from that breach of duty. The judge followed this procedure In this case to discuss the claims. The department of health proposed to introduce regulation to provide the reasonable quality in TCM practice, and the governmental system would be essential to regulate both the TCM practice and practitioners. Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for the clinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventional negligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-date information on the related medical specialty. The reasoning is almost the same as that shown in the court case of Korea. The TCHM practice in the UK needs to be under the regulation by the government. The standard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare and social viewpoints.

A Study on Implication by Comparing Current Status of Educational Systems between Korea and China in connection with Traditional Medicine of Each Country (한국.중국의 전통의약 교육제도 현황 비교를 통한 시사점 연구)

  • Shin, Hyeun-Kyoo;Bae, Sun-Hee
    • Korean Journal of Oriental Medicine
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    • v.11 no.1
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    • pp.83-95
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    • 2005
  • Arriving in the '90s, the worldwide trend of longing for naturalism and popularity of complementary and alternative medicine in America has caused traditional Oriental Medicine and medicinal plants markets to develop rapidly. And China has been pursuing the globalization policy of Chinese medicine by the initiation of the society of traditional Chinese medicine. Under this situation, it is a time for us to think about in a serious manner whether existing organization and system of Oriental medicine and the department of Oriental medicine at the schools in Korea reflects reality or whether we should turn it to some different direction. The purpose of this research is to compare the educational systems in relation to the traditional medicine between Korea and China, and to seek and look into its implication, and also to make a contribution to further developments and changes of direction for Oriental medicine education in Korea. 1. I investigated carefully the educational system of the colleges of traditional Chinese medicine, and results from this survey revealed that the academic institutions for the medicinal training in China consists of varied systems, such as 7-year program for medicinal training linking with master degree course, 6-year program, 5-year program (more than 90%), 4-year program, and so on, so then China has been raising the specialists in their traditional medicine arena through those varied academic programs. Such an educational system as the department of Chinese medicine in order to educate and produce specialists or pharmacists specializing in traditional Chinese medicine is operated only by Beijing University of Chinese Medicine in terms of 7-year academic program for medicinal major that linked with master degree course, and the rest of schools run 5-year program or 4-year program (more than 90%). And other human resources required for cultivation of medicinal plants and manufacturing herbal medicines are mostly trained at 3-year course colleges or 2-year course vocational schools. 2. In connection with traditional Chinese medicine, there are a variety of departments in the schools in China other than Chinese Medicine and Pharmacology: i.e. Acupuncture, Moxibustion and Tuina, Preclinical Medicine, Pharmaceuticals, Materials of Medicine, Phrenology and Law, Languages and Literature, etc. Therefore, these programs constitute multi academic system and also an appropriate educational base that fits in varied needs of market. Particularly, the university having 7-year program emphasize, English proficiency so that it can be considered that this academic program is a specialized course in order to achieve globalization of Chinese medicine. 3. In Korea, there are only 11 Oriental medicine schools with 6-year program which have been established by the private foundations and 3 departments of Oriental medicine at 4-year university. Therefore, we need to establish varied departments related to branches of our traditional medicine like China. 4. It is necessary to establish varied new departments related to Oriental Medicine that will be able to take a professional role in the course of pursuing the strategic goals such as scientification, globalization, standardization of Oriental Medicine, also that will meet needs of the world alternative and complementary medicine and herbal medicine markets. In order to achieve such strategic goals, we need to organize an academic system that will be different from existing systems and programs, also we are required to research further on the educational and training programs.

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Descriptive Epidemiology of Colorectal Cancer in University Malaya Medical Centre, 2001 to 2010

  • Magaji, Bello Arkilla;Moy, Foong Ming;Roslani, April Camilla;Law, Chee Wei
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.15
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    • pp.6059-6064
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    • 2014
  • Background: Colorectal cancer is the second most frequent cancer in Malaysia. Nevertheless, there is little information on treatment and outcomes nationally. We aimed to determine the demographic, clinical and treatment characteristics of colorectal cancer patients treated at the University Malaya Medical Centre (UMMC) as part of a larger project on survival and quality of life outcomes. Materials and Methods: Medical records of 1,212 patients undergoing treatment in UMMC between January 2001 and December 2010 were reviewed. A retrospective-prospective cohort study design was used. Research tools included the National Cancer Patient Registration form. Statistical analysis included means, standard deviations (SD), proportions, chi square, t-test/ANOVA. P-value significance was set at 0.05. Results: The male: female ratio was 1.2:1. The mean age was 62.1 (SD12.4) years. Patients were predominantly Chinese (67%), then Malays (18%), Indians (13%) and others (2%). Malays were younger than Chinese and Indians (mean age 57 versus 62 versus 62 years, p<0.001). More females (56%) had colon cancers compared to males (44%) (p=0.022). Malays (57%) had more rectal cancer compared to Chinese (45%) and Indians (49%) (p=0.004). Dukes' stage data weres available in 67%, with Dukes' C and D accounting for 64%. Stage was not affected by age, gender, ethnicity or tumor site. Treatment modalities included surgery alone (40%), surgery and chemo/radiotherapy 32%, chemo and radiotherapy (8%) and others (20%). Conclusions: Significant ethnic differences in age and site distribution, if verified in population-based settings, would support implementation of preventive measures targeting those with the greatest need, at the right age.

A Comparative Study for Anatomical Terms in Oriental and Western Medicine (사람해부학 용어에 대한 한·양방 비교 연구)

  • Kim, Soo-Myung
    • Journal of Haehwa Medicine
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    • v.5 no.2
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    • pp.449-461
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    • 1997
  • Anatomical terms is very important for the whole medical area. In the past, medical student have confused with the anatomical terms which were base on Japanish-Chinese. So they have to be made easily for reading and learning. Fortunately the anatomical terms in Korean had completely made through the fourth edition. According to the oriental law and customs human dissection was prohibited, therefore human anatomy naturally undeveloped. In this study, on the view of the Korean terms carried out the comparison between oriental and western anatomical terms in osteology and splanchnology. The oriental anatomical terms expressed with only looking at and touching the part of the human body. The gross structure of the osteology, is similar to oriental and western medicine but there's no detailed nomenclature of the bone. Instead of it, they expressed connection to acupuncture point or disease in the human body. So it's difficult to find out the anatomical terms of the splanchnology like recent ones.

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How to establish the definition of Conventional medicine and Korean herbal medicine? (한약과 양약의 개념 설정 어떻게 할 것인가?)

  • Yin, Chang Shik;Lee, Seung-Woo;Kim, Yun-Kyung
    • Herbal Formula Science
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    • v.20 no.2
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    • pp.187-197
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    • 2012
  • Objectives : The purpose of this study is to find a reasonable solution to a current status of drug classification between the drugs of western conventional (allopathic) medicine and Korean medicine. A clear and distinct concept on the drugs of allopathic medicine and Korean medicine based on reasonable concepts and broad consensus is a pressing issue in Korea, and will facilitate the development of herbal medicinal products and pharmaceutical industry. Methods : Considering the issue of drug classification from domestic and international regulations, we reviewed the current Drug Law of Korea and China, Guidance for Industry, Botanical Drug Products of USA, Directive 2004/24/EC of the European parliament and of the council. Results : In Korea, the drug classification of allopathic medicine and Korean medicine is quite vague even though differential licensure system is enforced for the clinicians of allopathic medicine and Korean medicine field. According to the definition in the Drug Law, the scope of Korean medicine drug is so broad that even a drug made of single-compound material, as well as herbal extract of crude mixture, is regarded as a drug of Korean medicine, as long as the material may be separated from medicinal herbs, animal tissues, or mineral resources. Only new compound not found in natural resources are outside of the scope of Korean medicine drug. In USA and EU, medicinal products manufactured from herbs are approved by separate regulations for the herbs with special waivers. In China, the category of new medicine and the definition of allopathic medicine and traditional chinese medicine are clearly specified and classified. Conclusions : As medicines are validated therapeutic materials for efficacy and toxicity, we suggest that generally the concept of conventional medicines is based on a single compound that has been synthesized and individually validated and that of Korean medicines is based on a compound extracted from natural materials or a complex of compounds that has been validated as a whole in its totality.

A Comparative Study of The Health laws in North Korea and South Korea. (남북한 보건의료관계법규 비교분석;보건의료자원 중 시설과 인력을 중심으로)

  • Kim, Joo-Hee
    • Journal of Korean Academy of Nursing Administration
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    • v.4 no.2
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    • pp.321-349
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    • 1998
  • Since 1990 the effort for unification has been active in each department of our society. But the study for health policy in Unified Korea has been scarce. Unified Korea should be a democracy and a constitutional state. So we should have lively discussion on the health law as well as unified general laws. The purpose of this study is to compare the health law of South Korea and North Korea and to understand the differences in them. We guess both Korea are considerably different each other. But this study found out that there are many health related laws that have same goals and contents. The reason for this is that both health laws have its root in Korea Law. And the right to health is the social basic right. whose characteristic can not be compatible with market economy and demands state intervention for securing the right to health. The health related laws are divided into 4 fileds. 1. There is a field A which is affected by unified political and economic system and differs little from the law system: the license system of medical personnel. 2. There is a field B which is seldom affected by unified political and economic system and differs little from the law system: the right and duty of medical personnel. quarantine law. 3. There is a field C which is affected by unified political and economic system and differs greatly from the law system: health institution law(exclusive of quarantine law), the laws of medical personnel category, of research center(especially per-mission, registration and establishment). of the role of basic health in private and public area. 4. There is a field D which is seldom affected by unified political and economic system and differs greatly from the law system: health equipment law(the laws of drugs, of cosmetics and of medical instrument. of blood management). the laws of health knowledge. of cooperation in chinese medicine and western medicine. the health promotion law. the rules of first-aid. the law of separation of dispensary from medical practice. The laws which are seldom affected by political and economic system can be consolidated. which in turn can be revised and enacted before unification of Korea through the interchange between North Korea and South Korea and the support to North Korea health system.

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Psychometric Validation of the Malaysian Chinese Version of the EORTC QLQ-C30 in Colorectal Cancer Patients

  • Magaji, Bello Arkilla;Moy, Foong Ming;Roslani, April Camilla;Law, Chee Wei;Sagap, Ismail
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.18
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    • pp.8107-8112
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    • 2016
  • Background and Aims: Colorectal cancer is the second most frequent cancer in Malaysia. We aimed to assess the validity and reliability of the Malaysian Chinese version of European Organization for Research and Treatment of Cancer (EORTC) Quality of Life Questionnaire core (QLQ-C30) in patients with colorectal cancer. Materials and Methods: Translated versions of the QLQ-C30 were obtained from the EORTC. A cross sectional study design was used to obtain data from patients receiving treatment at two teaching hospitals in Kuala Lumpur, Malaysia. The Malaysian Chinese version of QLQ-C30 was self-administered in 96 patients while the Karnofsky Performance Scales (KPS) was generated by attending surgeons. Statistical analysis included reliability, convergent, discriminate validity, and known-groups comparisons. Statistical significance was based on p value ${\leq}0.05$. Results: The internal consistencies of the Malaysian Chinese version were acceptable [Cronbach's alpha (${\alpha}{\geq}0.70$)] in the global health status/overall quality of life (GHS/QOL), functioning scales except cognitive scale (${\alpha}{\leq}0.32$) in all levels of analysis, and social/family functioning scale (${\alpha}=0.63$) in patients without a stoma. All questionnaire items fulfilled the criteria for convergent and discriminant validity except question number 5, with correlation with role (r = 0.62) and social/family (r = 0.41) functioning higher than with physical functioning scales (r = 0.34). The test-retest coefficients in the GHS/QOL, functioning scales and in most of the symptoms scales were moderate to high (r = 0.58 to 1.00). Patients with a stoma reported statistically significant lower physical functioning (p=0.015), social/family functioning (p=0.013), and higher constipation (p=0.010) and financial difficulty (p=0.037) compared to patients without stoma. There was no significant difference between patients with high and low KPS scores. Conclusions: Malaysian Chinese version of the QLQ-C30 is a valid and reliable measure of HRQOL in patients with colorectal cancer.

A comparative Study on the Combined Oriental and Western Medicine(COWM) in Four Northeast Countries (동북아시아 4개국의 양.한방 의료협진체계 비교)

  • 문옥륜;김은영;신은영;김혜영;천희란
    • Health Policy and Management
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    • v.13 no.2
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    • pp.1-22
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    • 2003
  • Since 1990s, the use of Complementary and Alternative Medicine(CAM) has been rising rapidly all of the world. In 1983, WHO recommended that the traditional medicine actively be utilized. At the end of 20th century, as chronic and intractable diseases increased in western countries, traditional medicine has attracted considerable attention. COWM shows possibilities of new approaches for these intractable diseases. Thus, we try to show our proper approach of COWM through the international comparative study. In order to fulfill the objectives, we applied the following methodology: 1) Literature review on previous study, 2) Local survey using self-administered questionnaire, and 3) FGI(Focus Group Interview) with local experts. The results were as follows : Three Asian countries, China, Korea and Taiwan, are very active in implementing COWM policy. Japan, however, has independent system of unified medicine. In regards to the combined care policy and system, China has the most advanced COWM system among four countries. In respect to combined care education, it is needed to increase the COWM education contents and the amount of cross educational curriculum. Based on the current COWM system, Chinese, Japanese and Taiwanese doctors can prescribe both oriental and western drugs. But, Korean medical law prohibits western doctors and oriental doctors from prescribing the counterpart´s medicine. So, the revision of current medical law is urgent for COWM in Korea. And when it comes to patient satisfaction, more than fifty percent responded positively in China, Korea and Taiwan. To achieve the goal of COWM ; 1) mutual understanding and recognition of COWM is essential. 2) institutional and legal support system for COWM is desperately urgent. 3) possible international collaboration and cooperation should be sought to untangle these complex cultural dilemmas.

The Present Situation, its Controversial Points and its counterplans of Korean Students who are Studing Chinese Medicine in China (중국(中國)의 중의약대학(中醫藥大學) 한국유학생(韓國留學生) 현황(現況), 문제점(問題點) 및 대책(對策))

  • Lee, Seon-Dong;Mun, Yong
    • The Journal of Korean Medicine
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    • v.18 no.1
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    • pp.126-142
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    • 1997
  • For last four or five years, the number of Korean students have gone on increasing awfully. After the year 1997 when they will flow in, our field and government will be undergone a big shock and social problems. Therefore, thorough grasping and the method of provision is expeced to need. 1. The situation, According to the data published from the year 1993 to 1997, their results are great different. But recent Korean embassy in China examined the situation of the Korean students, whose result was investigated as follows: about 1500 persons, their average age is 24 to 44, the ratio of male and female students is 3 to 1, that of their academic background which is a graduate of university : that of college : that of highschool is 1.6 : 1 : 4.7, and that of their class attitude which is direct : common : indirect appears the percents 30.4 : 52.8 : 16.8. 2. The controversial points (1) A lowering of standards on Chinese medical treatment is expected by the imprudent studying abroad without qualification. And because of excessive production of herb doctors, the amount of treatment may be above people's demand. Besides owing to the impossibility of prediction on the number the counterplans of our government may fall into utler confusion. (2) The curriculum, the teaching schedule and contents are so different that the graduates seem not to be given real education of chinese medicine from the point of Korean view. (3) In the wrong national examination, the important thought of china, and the system of WTO in Korea, when China will become mighty rival above problems contain the negative sides. 3. The counterplans - what should be performed soon. (1) Illegal contents about studying abroadl in China ought to inform sidely that students might not go on increasing. Before they form nam-power, the government and the field of chinese medicine should cope with such a situation together. (2) The law of regulation about agents should be legislated and they should be surpervised. (3) The exact numbers of students, their situation, and the present condition of each university should be examined. (4) After investigating the problems of the present system of national test, its enforcement and many counterplans is requisite. (5) The cooperating confrontation with the conference of dentistry is in need. (6) Since the problems are possibility to be developed to diplomatic questions, the effort of both nations is needful. - what need middle of long time. (1) The effort that suppress the more establishment of the college of oriental medicine is necessary. (2) After comparing with the system of foreign test, the government should make the system of test in accord with the mutualism and the principle of indiscrimination among nations and cope with such a many issues thoroughly.

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Research and Analysis of Enactment of China's Old and Rare Books Management (중국의 고문헌 관리 법제화의 조사 분석)

  • Han, Mikyung
    • Journal of the Korean Society for Library and Information Science
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    • v.52 no.3
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    • pp.193-214
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    • 2018
  • This study aims to analyze enactment of China's old and rare books management. For the purpose, the review on China's legal system and management related to old and rare books were studied. And this study investigated 4 laws, 6 administrative regulations, 4 sector regulations, and 13 administrative normativity papers. Among those, 5 major sources for old and rare books management were identified as follows : 1) China's National Civilization Protection Law in 2013, 2) China's Old and Rare Book Organization Directive in 1989, 3) Regulation on Management of Research, Organization, and Publication of Old and Rare Books in 1986, 4) Standards on Grading Classification of Civilization Collections in 2001, and 5) Provisional Regulation on Civilization Auctioning in 2003. Based on the analysis of these sources, this study deduced implications in terms of Chinese old and rare books management such as the necessity to give considerations to 1) the importance of old and rare books management policy, 2) nationwide old and rare books management, 3) expansion of eduction and training of human resources, 4) establishment of institution specializing in old and rare books, and 5) special management of science of Chinese medicine.