From Unauthorized Influenza Vaccine to Regulation of HMOs

As reported in the last Bulletin and in the news media, there were altogether 2,700 ampoules of unauthorized flu vaccine noted and seized by the Department of Health (DoH) on 30th November 2005. Subsequently the DoH issued a letter to all doctors reminding them that pharmaceutical products of unknown source are potentially harmful in that their safety, efficacy and quality cannot be ascertained. This arouse the city¡¦s concern first on the safety of these vaccines being inoculated to more than 1,600 citizens and second on the quality assurance of medical service provided by the HMOs since most of the unauthorized vaccines were seized from those HMOs.

In the course of investigations into complaints about suspected supply of unauthorized influenza vaccines by the DoH, we have received complaints from members on the rudeness of the colleagues from DoH. (Please refer to Page xxx of this Bulletin) We would raise our members¡¦ concern to the DoH. In the meantime, members are advised to keep good proper medical records in your offices to avoid such harassments.

It was later revealed that 1,600 patients of three private medical practices, namely Raffles Medical Centre's clinics, the Blue Care's clinic and Healthcare Medical Centre, were given unregistered Shenzhen-packaged flu vaccines but denied by the Shenzhen drug firm. The remaining 1,100 doses were seized by the Department of Health. The DoH said the doses were from a batch imported illegally from the mainland in November 2005. And doctors who did administer the vaccine were urged to report to the department's drug complaint hotline. The Assistant Director of Health, further said the clinics were supplied with the 2,700 doses of Vaxigrip, a French-made vaccine, by a Central trading firm not licensed to import vaccines. So far, only Raffles Medical Group answered enquires from the news media and the other two HMOs did not reply, as reported.

Luckily those vaccines were later proved to be just illegal import of genuine vaccine with active ingredients but quality not quranteed. However, there were some side effects like fever and rashes reported in 10 patients and all of those involved would have to be inoculated once more for guaranteed protection.

The public is now concerned about the standard of medical services provided by the HMOs since when compared to registered medical practitioners¡¦ office, there is not a single law in Hong Kong governing their practice. The bosses of such HMOs can be anybody in the street and they are NOT accountable to the Medical Council which have disciplinary rights on Medical Practitioners only. In fact, the Medical Council of Hong Kong has written letters to the Secretary for Health, Welfare and Food repeatedly for proposals of legislation to govern the standard of medical practice of these HMOs but their efforts were in vain.

In the wake of the flow of unregistered flu vaccines to Hong Kong, our Union has submitted a joint letter with the Hong Kong Medical Association, The Association of Licentiates of Medical Council of Hong Kong and Practising Estate Doctors Association to the Secretary for Health, Welfare and Food on 6th December 2005 asking for tightened control of these HMOs practice in order to protect health of the public. (Please refer to Page xx of this bulletin) In fact, I have repeatedly uttered such concern to Mr. Tung Chee Hwa, the previous Chief Executive of Hong Kong SAR Government (CE), and to Mr. Tsang Yam Kuen, the present CE before. However, the responses from the CEs and the Secretary were not positive so far.

As reported in the news media, our Legislative Councillor rightly pointed out that ¡K"The government has so far refused to regulate the HMOs. These HMOs are disciplined through the individual doctors, who often are hired staff and are young doctors. The HMO escapes responsibility¡K" Now, with increasing public concern, it might be the right time for us to show to the public the ill effects of HMOs and simultaneously we are making a drive to expose the unethical practices of such to the news media so as to convince the stubborn Government to move into the right direction of stringent control. Such control was longed for since 1996 when we first requested the previous Director of Health and our Legislative representative then to review the Clinic Ordinance and to set up new laws governing incorporation of medical practice. Our suggestions are:

It is legal for the medical practitioners to incorporate their medical practice no matter it is a profit making or non-profit making concern;

The percentage of shares in such incorporation of medical practice owned by doctors should be equal to or more than 90% of the entire issued share capital of the company.

The most important reason behind such proposal is to stop non-medical people from playing a dominant role in the health care system of Hong Kong. Otherwise, the standard of medical care will be jeopardized. As reported in the news media on 3rd December 2005, the Director of Health agreed to look into the issue. And we have further good news in the reply from the Health, Welfare and Food Bureau on 5th January 2006 indicating that they would look into the issue. (Please refer to Page xxx of this Bulletin)

However, on 5th December 2005, the Secretary for Health, Welfare & Food suggested Central Purchase of flu vaccine to tackle the problem of unauthorized flu vaccine. We have immediately raised our objection since such measures would not stop the import of unauthorized flu vaccine at all and further still, there would be a lot of problems coming up ¡Ğ Liability problem, Administrative and Technical problems, Monopolization by a drug firm which offer the lowest bid in the tender, Increased cost to the private doctors, Uncertain and difficult distribution plan, Wastage of government resources for expired doses and the most important of all, Central Purchase would be against the principle of ¡§Big Market, Small Government¡¨ as advocated by Mr. Tsang Yam Kuen¡¦s government.

A better solution, we suggest, would be a private public collaboration involving the government, the private sector, the vaccine suppliers together with the targeted population to work out for an estimate of the whole year usage well before the earliest time of inoculation in October each year.

Wishing you all a happy and prosperous new year of 2006!

Dr. Yeung Chiu Fat