The panic about government's intention to exert
greater control over complementary medicines is the latest in a series of
responses by civil society to ten years of social engineering in health.
In that same ten years, the IFP warned of the faults in the Constitution
of the Republic of South Africa, opposed health legislation derived from
it and predicted the failure of government's approach to HIV/AIDS.
Health services continue to plunge on a downward
spiral that began with the creation of a politically influenced Health
Professions Council and Medicine Control Council (MCC). Shortly before the
end of its second term in government, the ANC scrapped the MCC and its
head Prof. Folb, (who opposed the Minister on virodene), urgently summoned
a Task Team of overseas experts and set up the South African Medicine and
Medical Devices Regulatory Authority (SAMMDRA). This body was to hasten
transformation and to deal, post haste, with complementary medicines that
had been embargoed due to alleged lack of clarity about their safety. That
Act was an unworkable mess and could only be withdrawn when the courts
decreed that Pres. Mandela had not applied his mind to its consequences.
Until that was done, medicines in this country were
unregulated for at least a month. Scrapped Act 101, intended only for
conventional medicines, had to be hauled out of the embers. It does not
define "complementary medicine".
The next disaster was the establishment of the
Allied Health Professions Council. Instead of that Council dealing only
with allied health professions such as homeopathy chiropractic,
acupuncture, ayurveda, herbalism and Chinese medicine, it was enlarged to
include a host of fashionable complementary therapies based on as little
as six week courses, and claims about holism and energy , whether from
colours, fingers, odours or minds.
Even beauticians were included on the Council and
one had to wonder why sex therapists were not. Henceforth all those
professions that have established treatises and can be regulated in terms
of scopes of practice, levels of education and accountability were diluted
by a horde of holistic therapies with varying degrees of value and
genuineness. But the holistic therapists clamoured to be included, hoping
for the same medical scheme benefits, status and access to government
services as members of the Health Professions Council, with its 74 sub
groups, most of which are less related to medicine than are homeopathy or
Chinese medicine.
All this achieved was swollen coffers for the
Council and greater confusion. A professional who spins magnets to decide
treatment and one who has 6 years of training, are differentiated by the
title of therapist as against practitioner.
Accountability and standards have fallen by the
wayside. As for ethical treatment where does one begin? The Allied Health
Professions Council is a jumble. Many therapies that clamoured for
inclusion now long to be released.
The latest healers to be included in this regulatory
array are traditional healers, who will demand the same from government as
all the rest. Nobody paid much attention to the fact that the legislation
as written, puts the vast majority beyond regulation in terms of scope of
practice and levels of accountability.
The easiest way to keep control of this extended and
entangled mess, while scooping up some of the industry's huge profits, is
to slap the same controls on whatever this panoply of therapists and
healers sell, as on conventional medicines. Not to do so, would result in
a host of legal challenges based on equality before the law. Why should
Western herbs be regulated and traditional herbs not? Why should
conventional medicines have fixed service fees added on, and supplements
or herbs have a hefty mark up?
Start with a vision that government must control
everyone everywhere, make the first irrational mistake and a domino effect
sends everything into a downward spiral.
The solution proposed by the IFP is as simple as it
is sound. It is based in the principle that regulations must ensure
minimum standards and not seek total control. Pricing transparency as
regards medicines must be required, not price fixing. Bureaucratic
controls should be minimised and laws that can be effectively policed
enforced. Where health services are needed, they must be drawn with
incentives. All health products should be subjected to requirements of
safety, quality and efficacy, but to establish these in a reasonable and
workable fashion, representative specialists of the varying healing
disciplines must be consulted separately and collectively. There can be no
"One size fits all" approach.
Health professions should be regulated according to
three tiers. The first Council should be an independent body comprising
all professionals who can examine, diagnose and treat patients for
diseases according to the scope of each practice. This would include
conventional doctors, dentists, homeopaths and chiropractors. All such
doctors should require a lengthy course of study at an accredited
institution and be encouraged to work in partnerships.
The second Council should be an independent body
comprising allied health professionals who treat patients based on
doctor's diagnoses or the scope of whose practises can be clearly set.
This would include the likes of physiotherapists, acupuncturists,
occupational therapists, herbalists, ayurvedic and Chinese practitioners.
The same tier should include Traditional Health Practitioners who practise
within the limits of definitions, in terms of approved implements,
medicines and practises. Any allusion to practitioners who use
"things", as in the current bill, or who practise according to
ideologies, should not be regulated, merely prevented from doing harm.
The third tier should be complementary therapists
who employ a host of so called holistic measures ranging from massage,
colour and reflexology, to exercise and breathing techniques and who make
no more pretence or claim to being health professionals than sex workers,
or the remedial gymnastic therapists currently regulated by the Health
Professions Council.
It has been five years since the SAMMDRA debacle,
ten years of talking, consulting and controlling. Medical devices remain
unregulated, petitions and legal challenges abound, doctors and nurses
flee the country and the health department is without a Director General
or managers for AIDS and TB.
HIV advances; its treatment stagnates.
Transformation is the buzzword; deterioration is the fact.
Contact:
Dr Ruth Rabinowitz IFP Health spokesperson: 082 579 3698