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Abstract
This review considers the history of regulation of clinical disciplines and recent statutory approaches to complementary therapies such as osteopathy and chiropractic. It considers the role of professional organisations in promoting the need for regulation and the failure of those interested in hijama to achieve a consensus as to how best to regulate the profession and ensure that high standards are achieved and maintained. The issue of practitioner competence had been a significant factor in the regulation of both chiropractors and osteopaths. Hijama and acupuncture share a number of features and the treatment of acupuncture as a trade provides some pointers as to ways in which hijama may come to be regulated in the short term. Local council monitoring, visits by “enforcers” as well as reviews of advertisements by the Advertising Standards Authority are almost inevitable and will be precipitated by negligent practitioners. A failure by hijama practitioners to put their own house in order may lead to adverse legislation, especially if there are any serious untoward incidents. As a united approach is unlikely to materialise, the Australian negative licensing model is probably the best that can be hoped for with practitioners who contravene a general code of conduct based in statute losing the right to continue in practice.
Acknowledgement
This work was undertaken at the Muslim College, Cambridge, England.
Notes
1 F. Osman-Latib, Islamic Cupping & Hijamah. A Complete Guide, Lenasia South Africa: EDI Publishers, 2013.
2 https://www.ncbi.nlm.nih.gov/pubmed/?term=hijama (accessed 23 December 2016).
3 John F. Mayberry, “The Need to Develop a Regulatory Body for the Practice of Al-Hijama”, Journal of Law & Medicine, Vol. 24, 2016, pp. 35–40.
4 Rahila Bano, “Call for Hijama Therapy Regulation”, BBC News, 12 May 2015. ttp://www.bbc.co.uk/news/health-32653971 (accessed 23 December 2016).
5 Amy Clifton, Public Health (Wales) Bill: Tattooing, body modification and intimate piercing, https://assemblyinbrief.wordpress.com/2015/10/13/public-health-wales-bill-tattooing-body-modification-and-intimate-piercing/13/ (accessed 23 December 2016).
6 An Act for the Appointing of Physicians and Surgeons 3 Henry VIII, c. 11, https://archive.org/stream/statutesatlarge56britgoog#page/n148/mode/2up (accessed 22 December 2016).
7 Roger Jones, “Apothecaries, physicians and surgeons”, British Journal of General Practice, Vol. 56, No. 524, 2006, pp. 232–233.
8 The Medical Act (21 & 22 Vict c 90), https://en.wikipedia.org/wiki/Medical_Act_1858.
9 General Medical Council (1965), Functions, Procedure and Disciplinary Jurisdiction, http://www.gmc-uk.org/func_proced_and_dis_1965.pdf_25416427.pdf (accessed 25 December 2016).
10 F.J.H. Wilson, The Origins and Professional Development of Chiropractic in Britain, Ph.D. Dissertation University of Southampton. 2012.
11 Thomas Bingham, Report of a Working Party on Osteopathy, King's Fund London, 1991.
12 Department of Health, Statutory Regulation of Practitioners of Acupuncture, Herbal Medicine, Traditional Chinese Medicine and Other Traditional Medical Systems Practiced in the UK. Analysis Report on the 2009 Consultation, 2011, http://webarchive.nationalarchives.gov.uk/20110217182610/http:/www.dh.gov.uk/prod_consum_dh/groups/dh_digitalassets/documents/digitalasset/dh_124338.pdf (accessed 22 December 2016).
13 http://www.publications.parliament.uk/pa/cm200102/cmhansrd/vo020109/debtext/20109-30.htm (accessed 22 December 2016).
14 http://www.publications.parliament.uk/pa/cm200102/cmhansrd/vo020109/debtext/20109-31.htm (accessed 22 December 2015).
15 Model Byelaws: Acupuncture, tattooing, semi-permanent skin colouring, cosmetic piercing and electrolysis http://webarchive.nationalarchives.gov.uk/20130107105354/http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsLegislation/DH_4138583 (accessed 27 December 2016).
16 Department of Health, Statutory Regulation of Practitioners of Acupuncture, Herbal Medicine, Traditional Chinese Medicine and Other Traditional Medical Systems, op. cit.
17 Ibid.
18 See note 15 above.
19 J. Stone and J. Matthews, Complementary Medicine and the Law, Oxford: Oxford University Press, 1996.
20 file:///C:/Users/Admin/Documents/Research/Acupuncture%20Hijama/Decision%20-%20Stage%204%20of%20the%20Public%20Health%20(Wales)%20Bill%20_%20National%20Assembly%20for%20Wales.html (accessed 27 December 2016).
21 Bolam v Friern Hospital Management Committee [1957] 1 WLR 582.
22 J. Stone and J. Matthews, Complementary Medicine and the Law, op. cit.
23 Self-regulation of non-broadcast advertising, https://www.asa.org.uk/About-ASA/About-regulation/Self-regulation-of-non-broadcast-advertising.aspx (accessed 29 December 2016).
24 ASA Ruling on BodyToxing (2014), https://www.asa.org.uk/Rulings/Adjudications/2014/12/BodyToxing/SHP_ADJ_274451.aspx#.WGaTUtKLTIU (accessed 29 December 2016).
25 DIRECTIVE 2005/29/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (“Unfair Commercial Practices Directive”, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2005:149:0022:0039:en:PDF (accessed 29 December 2016).
26 Ibid.
27 L. Conway, Consumer Protection from Unfair Trading Regulations 2008 Paper Number CBP 4678 House of Commons Library.
28 Unfair Commercial Practices Directive 2005/29/ec., op. cit.
29 http://theoptimumcure.com/hijama-in-brief (accessed 29 December 2016).
30 http://theoptimumcure.com/course-specification (accessed 30 December 2016).
31 Northern Deanery Research Team, Extending Professional Regulation. Models of Regulation and their Applicability to Healthcare, NHS North East Education Northern Deanery, 2008.
32 Ibid.
33 http://hijamacertification.com/home_new.php (accessed 31 December 2016).
34 http://hijamacertification.com/faq_new.php (accessed 31 December 2016).
35 http://www.icaht.co.uk/hijama-diploma/ (accessed 31 December 2016).
36 http://www.grcct.org/ (accessed 31 December 2016) .
37 http://hijamanation.com/hijama-infographic/ (accessed 31 December 2016).
38 The Cancer Act, 1939.
39 Extending Professional Regulation Working Group (2009) Extending Professional and Occupational Regulation, http://www.dh.gov.uk/publications (accessed 17 October 2016).
40 What are the rules on cupping? http://www.acupuncture.org.uk/public-content/public-ask-an-expert/ask-an-expert-about-acupuncture/3847-what-are-the-rules-on-cupping.html (accessed 01 January 2017).
41 Secretary of State for Health, Trust, Assurance and Safety—The Regulation of Health Professionals in the 21st Century Cm 7013, London: The Stationery Office.
42 Yasin S Al-Badry, Cupping: A Practice of the Prophet & a Miraculous Way of Treatment, Minhaj An-Nubuwwah Bookstore Cairo, 2002.
43 Equality and Human Rights Commission, “Religion or belief discrimination”, https://www.equalityhumanrights.com/en/advice-and-guidance/religion-or-belief-discrimination (accessed 1January 2017).
44 Ibid.
45 New South Wales Health Legislation Amendment (Unregistered Health Practitioners) Act 2006 No 124, http://www.austlii.edu.au/au/legis/nsw/num_act/hlahpa2006n124623.pdf (accessed 1 January 2017).
46 J. Wardle and M. Weir, “Regulating the unregistered: An analysis of negative licensing regulatory arrangements for unregistered complementary practitioners in Australia”, Integrative Medicine Research, Vol. 4, No. 1, 2015, p. 19, http://www.imr-journal.com/article/S2213-4220(15)00356-X/fulltext (accessed 1 January 2017).
47 Australian Minister’s of Health Advisory Council Final Report: Options for Regulation of Unregistered Health Practitioners, 2013, file:///C:/Users/Admin/Downloads/Decision%20RIS%20Unregistered%20Health%20Practitioners%20website%20version%20-%20PDF%20(1).pdf (accessed 01 January 2017).
48 Ibid.