The Court of Second Instance (TSI) has ruled that the move by the Health Bureau (SSM) to cancel the license of a Chinese medicine practitioner in 2019 was illegal, according to an official statement released yesterday.
The SSM had received a total of eight complaints from patients about the concerned Chinese medicine practitioner’s malpractice since November 23, 2018.
Later, in July 2019, the SSM issued an official letter to the practitioner, hereafter referred to as A, in which the SSM stated that it intended to cancel A’s medical license due to illegal acts in the course of providing medical services. The letter also stated that A could submit a written opinion to SSM within a specified period.
In August 2019, A submitted a written defense through an ad litem. On August 19, 2019, SSM issued an order.
Under the provision of Article 4 Paragraph 1 and Paragraph 2 of Decree No. 81/99/M, the SSM decided to abort A’s Chinese doctor license.
Afterward, A filed a legal appeal against the SSM’s decision in the Administrative Court.
During the hearing, the Administrative Court said that Article 4 of Decree No. 81/99/M does not provide grounds for SSM to cancel A’s license, and thus the move was considered to have violated the legal stipulation.
The SSM did not accept the ruling and appealed to the TSI.
TSI affirmed that Article 8(2) e) of Decree No. 81/99/M stipulates that the authority to abort one’s license belongs to the director of SSM, not the health authority itself.
Besides, Articles 21 and 24 of Decree No. 84/90/M state that the cancelation of the license of Chinese medicine practitioners by the SSM can only be carried out if the practitioner repeatedly violates the relevant regulations or is suspended twice within three years, which are prerequisites that could not be found in this case.
As a result, the court ruled that SSM had acted illegally.
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