Herbal Medicine to be Outlawed in Most of Europe

[Guest guest]

British common law prevents the regulation of herbology in that country and

applies in the US as well as other parts of the former empire where common law

is the basis of such rights. Ironically, in the US, the licensed profession of

TCM has taken action in some states to prevent unlicensed practitioners from

practicing herbology. However, whatever law are passed under this agenda will

actually fail the test of common law if taken up by a court. Continental Europe

is not bound by common law and has indeed passed codes that will essentially ban

the sale of chinese herbal products without a prescription from a legally

authorized practitioner. However, many of those products will have to pass

certain " tests " of legitimacy in order to be prescribed by anyone. The main test

that will be applied to products that do not have clinical research supporting

their use is a documented history of safe use in Europe for some period of time

(I can't remember the actual time period). There is one

exception. That is for raw herbs compounded in an herbalist's office. However,

as we well know, you can make a living on the small number of patients who are

willing to use that form. This does probably spell real trouble for European

practitioners and without substantial lobbying efforts, I fear Attilio is

correct. The most important thing to do right now is begin to collect evidence

that a product has been used safely in Europe for as longa time as can be

documented. A similar legal issue involving timelines has come up in the

elearning field and the open source community is documenting certain usages of

software code using wikipedia. I would suggest beginning to set up wikipedia

entries for chinese herbs and formulas and include citations documenting their

use in Europe.

-------------- Original message ----------------------

" Attilio D'Alberto " <attiliodalberto

> Hi all,

>

> Below is a sneak preview of an article coming out soon in

> Times online journal. To read the full version, sign up (its free!) at

> <http://www.chinesemedicinetimes.com> www.chinesemedicinetimes.com

>

> In the rest of Europe (non UK), I think it's going to become very difficult

> for some TCM and herbal practitioners to get their herbal medicines or

> indeed to practise at all. In some Member States, particularly France and

> Spain, there is a strong medical opposition to anyone practising medicine

> who isn't a doctor. In other Member States such as Holland and Denmark, the

> authorities are more easygoing, but it is still difficult to practise. The

> EHPA has been warning colleagues across Europe about this for years, but

> until now few practitioners appear to have taken the threat to herbal

> practice seriously. I should note that in the rest of the EU where

> non-doctor practitioners are not being statutorily regulated, no such

> solution will be possible and it is likely that Chinese patents will be

> driven off the market. The UK has been setting the pace for other Member

> States in gaining a firm legal basis for the practice of TCM. I very much

> hope that other Member States will follow the UK's example so that TCM can

> flourish across Europe.

>

>

> Kind regards,

>

> Attilio D'Alberto

> Doctor of (Beijing, China)

> BSc (Hons) TCM, MATCM

> Editor

> Times

> +44 (0) 208 367 8378

> <enquiries

> enquiries

> <http://www.chinesemedicinetimes.com> www.chinesemedicinetimes.com

>

>

>

[Guest guest]

Hi

 

The UK is in the process of regulating herbal medicine. The whole

process is now in the 'end game'. Once it's in place, only those

deemed a herbalist will be allowed to administer herbs and it will

finally be a regulated industry.

 

The other more important isssue, is patents. Over The Counter (OTC)

herbal products such as patents will only be allowed to be produced

by healthcare professionals who approach a company as a group and

order their production. And that's in the UK. Those in the rest of

Europe won't have this option as this is a loop whole in the UK

Medicine Act of 1968. The other way around this is to produce the

patents in your own clinic manually. This would then be

deemed 'manufactured traditionally' and falls in a loop whole in the

UK Medicines Act of 1968.

 

Anyway, this is just snippets of info. The full article goes into it

alot deeper.

 

Attilio

 

, wrote:

>

> British common law prevents the regulation of herbology in that

country and applies in the US as well as other parts of the former

empire where common law is the basis of such rights. Ironically, in

the US, the licensed profession of TCM has taken action in some

states to prevent unlicensed practitioners from practicing

herbology. However, whatever law are passed under this agenda will

actually fail the test of common law if taken up by a court.

Continental Europe is not bound by common law and has indeed passed

codes that will essentially ban the sale of chinese herbal products

without a prescription from a legally authorized practitioner.

However, many of those products will have to pass certain " tests " of

legitimacy in order to be prescribed by anyone. The main test that

will be applied to products that do not have clinical research

supporting their use is a documented history of safe use in Europe

for some period of time (I can't remember the actual time period).

There is one

> exception. That is for raw herbs compounded in an herbalist's

office. However, as we well know, you can make a living on the small

number of patients who are willing to use that form. This does

probably spell real trouble for European practitioners and without

substantial lobbying efforts, I fear Attilio is correct. The most

important thing to do right now is begin to collect evidence that a

product has been used safely in Europe for as longa time as can be

documented. A similar legal issue involving timelines has come up

in the elearning field and the open source community is documenting

certain usages of software code using wikipedia. I would suggest

beginning to set up wikipedia entries for chinese herbs and formulas

and include citations documenting their use in Europe.

>

 

> -------------- Original message ----------------------

> " Attilio D'Alberto " <attiliodalberto

> > Hi all,

> >

> > Below is a sneak preview of an article coming out soon in

 

> > Times online journal. To read the full version, sign up (its

free!) at

> > <http://www.chinesemedicinetimes.com>

www.chinesemedicinetimes.com

> >

> > In the rest of Europe (non UK), I think it's going to become

very difficult

> > for some TCM and herbal practitioners to get their herbal

medicines or

> > indeed to practise at all. In some Member States, particularly

France and

> > Spain, there is a strong medical opposition to anyone practising

medicine

> > who isn't a doctor. In other Member States such as Holland and

Denmark, the

> > authorities are more easygoing, but it is still difficult to

practise. The

> > EHPA has been warning colleagues across Europe about this for

years, but

> > until now few practitioners appear to have taken the threat to

herbal

> > practice seriously. I should note that in the rest of the EU

where

> > non-doctor practitioners are not being statutorily regulated, no

such

> > solution will be possible and it is likely that Chinese patents

will be

> > driven off the market. The UK has been setting the pace for

other Member

> > States in gaining a firm legal basis for the practice of TCM. I

very much

> > hope that other Member States will follow the UK's example so

that TCM can

> > flourish across Europe.

> >

> >

> > Kind regards,

> >

> > Attilio D'Alberto

> > Doctor of (Beijing, China)

> > BSc (Hons) TCM, MATCM

> > Editor

> > Times

> > +44 (0) 208 367 8378

> > <enquiries

> > enquiries

> > <http://www.chinesemedicinetimes.com>

www.chinesemedicinetimes.com

> >

> >

> >

[Guest guest]

Hi all,

 

Below is a sneak preview of an article coming out soon in

Times online journal. To read the full version, sign up (its free!) at

<http://www.chinesemedicinetimes.com> www.chinesemedicinetimes.com

 

In the rest of Europe (non UK), I think it's going to become very difficult

for some TCM and herbal practitioners to get their herbal medicines or

indeed to practise at all. In some Member States, particularly France and

Spain, there is a strong medical opposition to anyone practising medicine

who isn't a doctor. In other Member States such as Holland and Denmark, the

authorities are more easygoing, but it is still difficult to practise. The

EHPA has been warning colleagues across Europe about this for years, but

until now few practitioners appear to have taken the threat to herbal

practice seriously. I should note that in the rest of the EU where

non-doctor practitioners are not being statutorily regulated, no such

solution will be possible and it is likely that Chinese patents will be

driven off the market. The UK has been setting the pace for other Member

States in gaining a firm legal basis for the practice of TCM. I very much

hope that other Member States will follow the UK's example so that TCM can

flourish across Europe.

 

 

Kind regards,

 

Attilio D'Alberto

Doctor of (Beijing, China)

BSc (Hons) TCM, MATCM

Editor

Times

+44 (0) 208 367 8378

<enquiries

enquiries

<http://www.chinesemedicinetimes.com> www.chinesemedicinetimes.com