LEGAL DIMENSION OF TRADITIONAL AND COMPLEMENTARY MEDICINE PRACTICES IN TURKEY
DOI:
https://doi.org/10.29121/granthaalayah.v10.i1.2022.4458Keywords:
Traditional Medicine, Complementary Medicine, Integrative Medicine, Alternative Medicine, Functionel MedicineAbstract [English]
Context and Aim: The World Health Organization defines traditional and complementary medicine (TCM) practices as “the sum total of the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health as well as in the prevention, diagnosis, improvement or treatment of physical and mental illness”. This study aims to analyse the main legal regulations on TCM practices in Turkey.
Methodology: The study is based on a systematic review and analysis of desk research and data in the literature. TCM practices were analysed by reviewing the literature screening in particular data of the Ministry of Health, the CAMbrella study which had been conducted by the European Union and the WHO Global Report On Traditional And Complementary Medicine 2019. The literature review was carried out in “Ulakbim Turkish Academic Network and Information Center”, “Google Scholar“. The research was made between September 2021 and October 2021, and 5 keywords were used: “traditional medicine”, “complementary medicine”, "integrative medicine", "alternative medicine" and "functional medicine".
Findings: TCM practices in Turkey are based on the Supplementary Article 13 of the Law No. 1219 on the Practice of Medicine and Medical Arts, Article 9/c and Annex 11 of the Health Services Basic Law No. 3359, and the Presidential Decree No. 1. Traditional and Complementary Medicine Practices Regulation (“Regulation”), dated 2014, stipulates the TCM practices in 15 areas, including acupuncture, apitherapy, phytotherapy, hypnosis, leech, homeopathy, chiropractic, cupping, larva, mesotherapy, prolotherapy, osteopathy, ozone, reflexology and music therapy. Although the regulation basically specified the qualifications of TCM practitioners, the minimum requirements of the practice centres, and in which cases TCM practice can be imply or not, the issues such as the obligation to informed consent regarding TCM practices, medical malpractice regarding TCM practices is not fully regulated. In this respect, it is required to make comprehensive and detailed regulations on these issues.
Conclusion: TCM practices fill an important gap in terms of human health in areas that modern medicine cannot deal with. It is important to make the necessary legal regulations, especially to regulate informed consent; to define the care standards for medical malpractices regarding TCM practices, to strengthen the evidence base of TCM practices just like the conventional medicine practices.
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Bahceci B, Bağcıoğlu E, Öztürk A, Bülbül F, Şahiner IV, Eryonucu Tuncer B, Güzel Hİ, Hocaoğlu Ç. (2013) Complementary and alternative medicine use in patients with mental disorders in Turkey. Complement Ther Clin Pract. 2013 Nov ;19(4) :221-6. doi : 10.1016/j.ctcp.2013.06.005. Epub Jul 24. PMID : 24199977. Retrieved from https://doi.org/10.1016/j.ctcp.2013.06.005 DOI: https://doi.org/10.1016/j.ctcp.2013.06.005
Council of Europe (1999), Social, Health and Family Relations Committee Report, European Approach to Unconventional Medicine Practice, 11 June, http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID =8014 Access Date : 11.12.2021
Directive on Duties of Departments of the General Directorate of Health Services, which entered into force with the approval of the Ministry, dated 15/06/2020 and numbered 54567092-010.04-E.2812.
Durusoy Ç, Gülec AT, Durukan E, Bakar C. (2010) Use of Complementary and Alternative Medicine in Acne Vulgaris and Melasma Patients Applying to the Dermatology Clinic : A Questionnaire Study. Turkish Thoracic Journal ; Ankara Vol. 11, Iss. 1, Mar : 14-17.
Eisenberg DM, Kessler RC, Foster C, Norlock FS, Calkins DR and Delbanco TL. (1993) Unconventional Medicine in the United States, Prevalence, Costs, and Patterns of Use. January 28, 1993 N Engl J Med ; 328 :246-252 DOI : 10.1056/NEJM199301283280406 Retrieved from https://doi.org/10.1056/NEJM199301283280406 DOI: https://doi.org/10.1056/NEJM199301283280406
Hakeri H. (2015) Legal Situation in Our Country in terms of Traditional Medicine. Journal of Medical Law, Year Issue 7.
Kaplan M. (2010) Women in the Reproduction Process of Traditional Medicine and Intergenerational Conflict in the Case of Ankara City, Ankara University Rectorate Publications : 257, Ankara, p. 118
Mollahaliloğlu S, Uğurlu FG, Kalaycı M, Öztaş D. (2015) New Era in Traditional and Complementary Medicine Practices. Ankara Medical Journal 15 / 2, January. Retrieved from https://doi.org/10.17098/amj.44789 DOI: https://doi.org/10.17098/amj.44789
Oğuz NY. (1996) Alternative Medicine and Folk Medicine in Terms of Society, Science and Medical Ethics, Journal of Science and Utopia, p. 25, p. 36.
Oğuz, NY. (1992) The Methodological and Ethical Risks of Alternative Medicine Against Psychiatry", Turkish Journal of Psychiatry, , Vol. 3, P. 1, p. 37.
Polat O, (2019) Medical Malpractice, Seçkin Publishings, Ankara, 3. Edition.
Regulation on Patient Rights, Article 15. For the text of the regulation, see : Turkish Official Gazette dated 01.08.1998 and numbered 23420
Regulation on Traditional and Complementary Medicine Practices, Annex 13 : Required Documents in TCM Unit and TCM Practice Center Permit Practice File
Regulation on Traditional and Complementary Medicine Practices, Annex-3 : List of Practices That Can Be Done in Units and Practice Centers.
Republic of Turkey Ministry of Health, 2nd International Traditional and Complementary Medicine Congress, 24-27 April 2019, Congress Summary Book, Istanbul p.12
Reva Z, (2019) Legal Dimension of The Traditional And Complementary Medicine Practices In Turkey, 7th European Association of Health Law Congress, Innovation & Healthcare New Challenges for Europe, 25-27 September, Toulouse (3rd Best Poster Award)
Söğüt, İS. (2017) Informed Consent Problem in Traditional and Complementary Medicine Practices. prof. Dr. iur. Gift to Merih Kemal OMAĞ - Volume : II. Journal of Istanbul Kultur University Faculty of Law Issue : 2 - July.
The name of the regulation, which is the most basic text regulating TCM practices, is the "Regulation on Traditional and Complementary Medicine Practices".
Turkish Official Gazette dated 27.10.2014 and numbered 29158.
WHO (2019), Global Report On Traditional And Complementary Medicine,
WHO (2016), General Assembly Decision No. WHA69. 24, Retrieved from https://apps.who.int/gb/ebwha/pdf_files/WHA69/ A69_R24-en.pdf Access Date : 10.10.2021
WHO (2021) https://www.who.int/traditional-complementary-integrative-medicine/about/en/ Access Date : 30.11.2020
Wiesener S, Falkenberg T, Hegyi G, Hök J, Roberti di Sarsina P, Fønnebø V. (2012) Pan-European research network for Complementary and Alternative Medicine (CAM) Final report of CAMbrella Work Package 2 (leader : Vinjar Fønnebø) Legal status and regulation of CAM in Europe Part I - CAM regulations in the European countries,
Yavuz M, Özcan İA, Kaymakcı S, Bildik G, Dıramalı A. (2007) Investigation of the Use of Complementary and Alternative Treatment Methods in Patients with Breast Cancer, Turkiye Klinikleri J Med Sci ; 680-686.
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