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Medical Council reform benefits people, sector's concerns must be cleared up

Published in Sing Tao Daily, 30th June 2016

  In response to social dissatisfaction with the protracted Medical Council hearings and unpleasant impression of "protectionism among doctors", the government proposed amending its framework, introducing representatives from patient groups and consumer rights groups. The number of the council's assessors in conducting disciplinary medical inquiries will be greatly increased for higher efficiency. It was at first broadly supported but the bill caused concern in some doctors over government intervention of the profession. They even organized a protest outside the Legco, bringing the risk of the bill being dragged down by some legislators' filibuster. For a breakthrough, the government must try to remove the sector's concerns.

  The council handles matters related to doctors' qualifications as well as sanction powers during disciplinary hearings. The purpose is to ensure a high degree of professional standard in local doctors and safeguard the citizens' lives and health.

  But due to a shortage of manpower, hearings on complaints concerning suspected professional malpractice are protracted while procedures complicated. The most prominent incident in recent years was that of artist couple Cheung Shung-tak and Lau Mei-kuen fighting for justice for their newborn baby who died. The lawsuit took nine years, during which they had to sell their properties and suffered depression. The council eventually ruled the female doctor involved guilty of professional misconduct. She was suspended from practice for two years.

Reduce impression of "protectionism among doctors" in society

  Victims of medical blunders or malpractice have to fight so hard for justice, which not only brings them double pain but also gives citizens an impression of "protectionism among doctors". Under the pressure of pro-establishment legislators, the government decided to amend the law, expanding the council's manpower with the addition of four lay members and more than doubling the number of assessors in line with society's demands and international trends together with the support in principle from some pan-democratic parties.

  In fact, of the current 28 council members, 24 are doctors from the Medical Association, Hospital Authority, two universities, Academy of Medicine, etc. and those directly elected. Only four are outsiders. There will only be eight lay members after the addition of three patient group representatives and one from consumer rights groups.

  The number of inquiry hearing assessors will be increased from 14 to 34, mostly still elected by the director of health, Hospital Authority, two universities and Academy of Medicine. There are only 14 outsiders elected by the Food and Health Bureau director.

  Under the new framework, the industry's component is slightly diluted but still the majority. Some doctor groups are concerned that the government will grab the opportunity to increase its influence, interfering with the profession through the appointment system or even paving way for lowering professional qualification requirements to introduce mainland doctors, so they organized a sit-in around the Legco during today's second reading of the bill. Under the political atmosphere of the approaching Legco election, some pan-democrat legislators who originally support the bill also start to sway.

Ensure that addition of members does not mean more political intervention  Medical sector legislator Leung Ka-lau tabled 110,000 amendments on the bill, but they were all rejected by the president. The two amendments from medical practitioner and Civic Party member Kwok Ka-ki, however, are in line with some groups' demand for reducing appointments and increasing elected members to build a high wall to prevent government intervention. But it is to be done through cutting members from the Hospital Authority, two universities and Academy of Medicine by half.

  Because the bill most likely being passed through normal procedures, some legislators have decided to resort to filibustering. The Legco will be having its summer recess in three weeks. So long as they go into lengthy talks and keep asking for headcounts, there will be no voting in the end with the bill stillborn.

  Rather than forcing the bill through, the government should enhance communication with the industry to ensure that the process of electing new members is transparent and reduce government intervention. Various misunderstandings such as it is overseas and not mainland doctors to be introduced must be clarified at the same time. This will ensure that the reform that originally benefits the public will not fall flat due to political issues.Published in the Sing Tao Daily on June 29

Vocabulary

protract (v) —— 拖延protectionism (n) —— 保護主義assessor (n) —— 特別顧問breakthrough (n) —— 突破lawsuit (n) —— 訴訟depression (n) —— 抑鬱component (n) —— 成分dilute (v) —— 沖淡sway (v) —— 搖晃recess (n) —— 休息

Useful Terms

government intervention —— 政府干預professional malpractice —— 專業失德medical blunder —— 醫療失誤lay member —— 非業界成員appointment system —— 委任制度

Did you know?

  The objective of the Medical Council reform is to enhance transparency, Secretary for Food & Health Ko Wing-man said, adding the government has no intention to change the licensing examination requirement for non-Hong Kong medical graduates. He told reporters on Tuesday that the government will not bring substandard medical practitioners to Hong Kong or bypass the existing licensing examination requirement for non-Hong Kong graduates through the amendments. "The only thing that we hope is to reform the Medical Council through amending the ordinance so that transparency could be improved," he said. More than 900 complaint cases are awaiting the Medical Council's attention and the only way to improve the efficiency of its complaint handling is through the reform, he added. He said he is concerned there are misconceptions among some members of the medical profession on the reform's objectives and the result it will bring.

Q&A

1. The word _____ in the third paragraph is the opposite of "surplus".2. Victims of medical blunders or malpractice have to fight very hard for _____.3. In the passage, the word _____ means "at first".4. Some doctors are holding a sit-in because they are worried about the government __________________ and introducing mainland doctors.5. According to the last paragraph, the government must clarify all _____ to prevent the reform from failing.

Answers

1. shortage2. justice3. originally4. interfering with the profession through the appointment system5. misunderstandings

翻譯︰George

醫委改革惠民 須釋業界疑慮

  因應社會對醫務委員會聆訊曠日持久的不滿和「醫醫相衞」的不良觀感,政府提出修改醫委會架構,引入病人組織代表和消費者權益組織代表,並且大增審裁顧問數目加快聆訊效率,本來得到社會廣泛支持,奈何條例草案引起部分醫生擔心政府干預專業,還發起業界在立法會外抗議,令法案出現可能被部分議員拉布拖垮的危機。政府須設法消除業界疑慮,來突破困局。

  醫務委員會手操醫生執業資格和紀律聆訊處分的生殺大權,目的是確保本地執業醫生的高度專業水平,保障市民的生命健康。

  可是,由於人手不足,對於懷疑專業失德的投訴聆訊,排期甚久,手續繁複,近年最矚目的事例,是藝人張崇德和劉美娟夫婦,為夭折的初生長子討回公道,足足花了九年時間,期間為了官司賣樓又一度精神抑鬱,幾經周折,才獲醫委會裁定為其接生的女醫生專業失德要停牌兩年。

減輕社會醫醫相衞觀感

  醫療失誤或失德的受害人,要如此辛苦求公道,不但對他們帶來雙重痛苦,亦使市民產生「醫醫相衞」的觀感。政府在建制派議員施壓下,決定修改法例,擴充醫委會人手,增加四個非業界代表,並且把業內外審裁顧問增加一倍有多,符合社會訴求和國際趨勢,亦獲得一些泛民政黨原則上支持。

  實際上,現時醫委會二十八個成員中,由醫學會、醫管局、兩所大學和醫學專科學院等界別和直選產生的醫生共二十四人,業外人士只四人,增加三名病人組織代表和一名消費者權益組織代表後,業外人士亦只有八個。

  至於審裁顧問由十四人增加到三十四人,大部分仍是由衞生署長、醫管局、兩所大學和醫專提名出任,由食物及衞生局長提名的業外審裁顧問只佔十四人。

  在新架構下,業界成分確稍有沖淡,但是仍佔大多數,部分醫生組織則擔心政府趁機增加影響力,透過委任制度干預專業自主,甚至為降低專業要求引進內地醫生鋪路,發動業界在今天法案二讀時包圍立法會靜坐。在立法會選舉逼近的政治氣氛下,部分本來支持法案的泛民議員亦開始動搖。

確保加人非增政治干預

  立法會醫學界議員梁家騮對議案提出十一萬項修訂,全被主席否決。至於身為醫生的公民黨議員郭家麒提出的兩項修訂,則回應部分組織要求減少委任而增加民選成分,以便築起高牆防範政府干預;不過,卻是透過把醫管局、兩大和醫專產生的委員減半來促成。

  由於按照正常議事程序法案很大機會獲得通過,部分議員決定採取拉布戰術,立法會還有三個星期就休會,只要拖長發言和不斷要求點算出席人數,拖到會期結束仍未能投票,法案就會胎死腹中。

  政府與其硬闖,不如加強與業界溝通,確保新增委員產生過程有足夠透明度,減少政治干預的機會,同時澄清各種誤解,例如要引進的是外國醫生而非內地醫生等,令本來有利大眾的改革,不致因為政治問題而功敗垂成。刊於六月二十九日《星島日報》

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