Vol. 31 No. 5 November 2011 – Homoeopathy’s legality in question

“Homoeopathy is a legitimate branch of medicine with its own range of specially prepared medicines and distinctive methods of prescribing them” as quoted on the New Zealand Homoeopathic Society website.

It is proposed that health in New Zealand will be administered under two acts of Parliament: the existing Medicines Act 1981 and the new Natural Health Products Bill which has just had its first reading in Parliament.

Homoeopathy has been placed under the Natural Health Products Bill. This will mean that homoeopathy as we practise it in New Zealand will be illegal. It will also mean that homoeopaths will be prescribing illegal medicines unless the proposed Bill is substantially modified to try and accommodate homoeopathy in a form that is acceptable to allow it to be practised.

This whole question of homoeopathy appears to have been put in the “too hard” basket with not enough thought or understanding given to it.

We discussed this in our June 2010 editorial in Homoeopathica and wrote a submission last year to the Natural Health Products Bill consultation paper. We pointed out that homoeopathic medicines should be under the “Medicines Act” with a clear, concise and accurate legal definition of homoeopathic medicine and a suitable exemption

The exemption is justified in that while homoeopathy is a branch of medicine, homoeopathic medicines have been effectively and safely administered to patients for over 200 years. During that time not one homoeopathic medicine has had to be withdrawn from use for any reason.

Any suggestion that the way out of this impasse could be to split homoeopathic medicines between the two acts must be strenuously resisted. The idea some low risk homoeopathic medicines could come under the Natural Health Products Bill while other medicines, that for various reasons fall foul of the new Bill, could possibly be under the Medicines Act is completely unfeasible. All homoeopathic medicines must be treated the same.

All single homoeopathic medicines should be under the Medicines Act with a suitable definition referencing a recognised homoeopathic pharmacopoeia in official use. No therapeutic claims should be made. A suitable exemption should be given under the Medicines Act covering the practice of homoeopathy.

Being pragmatic, and bowing to the inevitable, we have to accept that pharmacies and health food shops will want to continue selling combination homoeopathic medicines despite not being true homoeopathic prescribing.

Therefore homoeopathic medicines that are suitable, either singly or in combination, for sale to the public with indications for the relief or treatment of minor self-limiting conditions should be under the Natural Health Products Bill. Each individual medicine would already be covered under the Medicines Act. No other material should be in the product. Tight definitions should apply so it does not leave a loophole allowing all the current bogus stuff labelled “homoeopathic” to continue to be available.

Monty Firmin

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