Marks, Paul --- "Complementary Medicine: Ethics and Law by Michael Weir" [2001] AltLawJl 79; (2001) 26(4) Alternative Law Journal 207

• Reviews
• Complementary Medicine: Ethics and Law

Reviews
Complementary Medicine: Ethics and Law

by Michael Weir; Prometheus Publications, 2000; 233 pp; $29.95 softcover.

It was only a few years ago that the types of practices that are the subject of this book were 'alternative' rather than 'complementary'. This reflects a shift in community consciousness about what acceptable medicine might be. Indeed, increasing numbers of Australians utilise services understood as being 'out­ side' of mainstream orthodox medical practice. The more common modalities of complementary medicine include chiropractic, osteopathy, therapeutic massage, naturopathy, homoeopathy, acupuncture, herbalism and traditional Chinese Medicine. The rise of complementary medicine suggests an emerg­ ing awareness that scientific medicine might not hold all of the answers to human health and well-being.

However, this book is not about complementary medicine per se. Instead, it imparts essential and wide-ranging information about the ethical and legal aspects of dealing with 'clients', as a practitioner, within the Australian health sector. Essentially, Bond University Associate Professor, Michael Weir, provides a primer for practitioners and students. He logically and systematically addresses many potential ethical and legal pitfalls for practitioners of complementary medicine.

The message is clear: a cautious approach is essential. Tangled webs of statutory provisions and common law precedents regulate the behaviour and practices of health care providers. Practitioners must work within the existing regulatory framework that is designed, in part, to protect citizens from the prac­ tices of medical heretics and quacks. Weir painstakingly outlines relevant legislation at the federal level as well as on a State-by-State basis.

Working within the existing regulatory framework requires a model based on the dominant one. That is, the impeccable ethical standards and practices of orthodox medicine provide the bench­ mark for all practising within the health sector. It seems, therefore, that the practitioners of complementary medicine must strive to emulate the professional standards of orthodox medical practitioners. In fact, professionalism is the underlying theme of the book. Weir's Ten Commandments of Professional Practice provide more than a framework for his book. They also provide practitioners with a practical guide by which to assess their level of service.

The practical approach is a worthy one. It is clear that 'practising' medicine, of any type, is fraught. In order to protect practitioners of complementary medicine from legal liability and charges of professional misconduct, Weir discusses a range of legal issues including professional responsibilities, negligence, consent to treatment and the legal process. He supports his discussion with references to relevant case law while, at the same time, emphasising the inherent uncertainty of relying on common law precedent.

It is obvious that, in Australia, the provision of health care is a highly regulated area. Further, the law that relates to health care, like many areas of Australian law, often lacks across­ jurisdiction consistency. In some instances, the federal legislature has acted. A good example is the Therapeutic Goods Act 1989 (Cth) that regulates the supply of substances such as vitamins, herbs and food supplements. However, the question of who can legitimately use the title 'doctor' is clouded. The 'holding out' precedents of the common law are aged, and individual Australian States have unique legislative prescriptions. Of course, there is an inextricable link between practitioners' understanding of the legal requirements of their jurisdiction and Weir's main theme of professionalism.

Aside from the legal and ethical considerations for practitioners of complementary medicine, a feature of the book is its comprehensive guide for setting up a practice. Again, the emphasis is on a practical approach that recognises a practice is, at its heart, a business venture. As such, Weir touches on a diverse range of business-related matters. These include fundamental business issues such as the business plan, trading structure, statutory reporting obligations, professional requirements, professional indemnity and a brief discussion about the goods and services tax.

Weir raises awareness that a successful practitioner requires a range of skills and knowledge that extends beyond the technical. That is, in order to maintain professional standards, practitioners need to understand their legal, ethical and professional responsibilities as well as commercial aspects.

A strength of the book is how it integrates 'text boxes' to highlight what the author calls 'Action Plans' and 'Practice Tips'. These provide clear summaries of the main points throughout the book. Importantly, they also provide clear practical advice for practitioners.

Students of law, in this area, will find the Table of Legislation a useful tool. It is good to see a definitive list of legislation that covers all Australian jurisdictions. Students will also benefit from the range of case law that the book refers to.

Weir achieves his aim of providing students and practitioners with accessible information of the important ethical and legal issues across Australian jurisdictions. He successfully brings together, for the first time, a range of intricate statutory provisions as well as many precedents that affect the 'complementary' sector of the health industry. This book is essential reading for all practitioners of complementary medicine.

PAUL MARKS

Paul Marks is a graduate student at Flinders University.