The acupoints are indistinguishable, hiding the "old Chinese medicine" in the residential building: peddling three no drugs acupuncture and moxibustion | patients | drugs
[Investigation Motivation]
Recently, Aunt Zhang from Cangzhou, Hebei Province, reported to our reporter that she has encountered fake traditional Chinese medicine. Aunt Zhang said that recently, she was feeling unwell. While chatting in the community, she heard that there was an "old Chinese medicine practitioner" nearby who was good at conditioning and was more effective than going to the hospital for medical treatment.
Mrs. Zhang found an old Chinese medicine practitioner in a residential building to seek medical treatment. The practitioner prescribed four bottles of medicine and claimed to take it after meals. After two treatment courses, the medicine was cured. As a result, Aunt Zhang's condition did not improve after taking the medicine, but instead developed symptoms such as nausea and dizziness.
Later, she went to the hospital for a check-up, and the doctor said that her immune system was disrupted. After taking the medicine, she quickly recovered. "That 'old traditional Chinese medicine' doesn't know what medicine he prescribed for me, and there is no label on the medicine bottle. When I went to find him to settle the accounts, everyone was already empty." Aunt Zhang angrily said, often hearing that there is another 'old traditional Chinese medicine' around me, spreading the word to the gods, but how many of them are fake traditional Chinese medicine?
For this, the reporter conducted an investigation and interview.
A conversation made Mr. Zhou in Beijing suddenly realize that he might have encountered a fake traditional Chinese medicine.
Mr. Zhou lives in Jiugong, Daxing District, Beijing and has an old problem of lumbar disc herniation, which can recur after a period of time. In July and August last year, he heard that there was an "old Chinese doctor" in the neighborhood of "×× Homeland", who had learned from a famous master and acupuncture and moxibustion skill.
So he rushed to the community and found this "miracle doctor" in a villa. The "miracle doctor" claimed to be the successor of the "ancient method of suspension moxibustion technology", and many banners sent by "patients" were hung in the acupuncture and moxibustion museum. However, after Mr. Zhou received acupuncture and moxibustion treatment for a period of time, his condition did not ease, but his pain became more intense.
"What acupoints are you needling, and what are the functions of needling these acupoints?" Faced with Mr. Zhou's sudden question, the "old traditional Chinese medicine" hesitated for a while and couldn't answer.
In February this year, this "old Chinese medicine practitioner" left without saying goodbye.
Traditional Chinese medicine, as a traditional medicine of the Chinese nation, is a medical theoretical system gradually formed and developed in long-term medical practice, deeply trusted by the general public, and included in its globally influential medical outline by the World Health Organization.
And some criminals have also seen "business opportunities" as a result. According to a recent investigation by a reporter from the Legal Daily, there are many people in the public who have not obtained professional qualifications as doctors, relying on gimmicks such as "ancestral prescriptions" and "traditional Chinese medicine practitioners" to carry out medical activities without authorization, claiming to be able to cure any difficult and complicated diseases, posing great medical safety risks.
The interviewed experts pointed out that unlicensed medical practitioners who use improper means to obtain illegal benefits and ignore the lives and health of others not only bear civil compensation responsibilities, but also have serious or suspected criminal offenses related to illegal medical practices. It is recommended to establish a joint credit punishment mechanism, increase punishment efforts, and encourage the public to actively report the chaos of fake traditional Chinese medicine diagnosis and treatment.
Encountered pseudo traditional Chinese medicine while seeking medical treatment
Spending a lot of money but not being cured of the illness
Recently, when the reporter went to the old palace "XX Homeland" community, many residents told the reporter about the acupuncture and moxibustion museum in the villa. The acupuncture and moxibustion and Moxibustion Museum was moved in July last year. The "old Chinese doctor" called himself Li, the successor of the "ancient suspension moxibustion technique". He was responsible for acupuncture and moxibustion himself, and an assistant was responsible for massage and massage.
The acupuncture and moxibustion Museum displays the medical experience and achievements of "old Chinese doctors". The rest rooms are guest rooms and office reception places. The acupuncture and moxibustion area is located on the basement.
"He said that he inherited his mother's ancient acupuncture and moxibustion technique, and after 30 years of practice and exploration, he formed a set of effective acupuncture and moxibustion techniques. A 100 minute acupuncture and moxibustion is charged 600 yuan. In addition, he also provides patients with a series of supporting herbal medicines, which are expensive." A resident told reporters.
Some residents recalled that after the "old traditional Chinese medicine" moved in, rumors about the "old traditional Chinese medicine" being very impressive quickly spread nearby, suspecting that they had hired a team for false advertising. But the effect was immediate at that time, and many people came to seek medical treatment.
Over time, many people found that they had paid a lot of money, but the acupuncture and moxibustion of "old Chinese doctors" did not work, and their symptoms were basically not alleviated, while the medicine prepared by "old Chinese doctors" became more and more expensive.
In this regard, the "old Chinese doctor" explained that everyone's physique is different, and the effects of acupuncture and moxibustion and medication are also different. The final response from Mr. Zhou, a patient, regarding the question of which acupoints are used for acupuncture, was that he learned it from his mother and only knew where to puncture, but could not specify the specific professional terminology.
Later, some patients pointed out that "old Chinese medicine" provides acupuncture and moxibustion services. Only doctors who have obtained the Doctor's Practicing Certificate of traditional Chinese medicine and the Doctor's Practicing Qualification Certificate of acupuncture and moxibustion specialty can carry out traditional Chinese medicine acupuncture and moxibustion activities in relevant medical institutions. This "old Chinese medicine practitioner" cannot obtain a qualification certificate and is considered illegal in medical practice.
According to the recollection of many patients, later on, the "old Chinese medicine practitioner" kept saying a sentence on his lips: "I have been practicing medicine for more than 30 years, can I still harm you?"
"The drugs sold by 'old Chinese medicine' are home-made drugs with simple packaging. Only the name tag is attached to the packaging bag, and there is no other information. Now think about it, people are afraid to take this kind of medicine." said a resident surnamed Li who has been to the acupuncture and moxibustion museum.
Amidst constant questioning from patients, this "old Chinese medicine practitioner" hastily withdrew from his lease in February this year and disappeared without a trace.
Mrs. Zhang from Cangzhou, Hebei Province, encountered an "old traditional Chinese medicine practitioner", but the situation was actually similar. She also heard someone introduce a "miracle doctor" nearby in the community. Due to her recent physical discomfort, she went to the residential building to seek medical treatment from an "old traditional Chinese medicine practitioner". After listening to her condition, the other person prescribed medicine without any markings on the medicine bottle.
Although taking the medicine had no effect and she felt nauseous and dizzy, at first Mrs. Zhang firmly believed in the "old Chinese medicine practitioner". Until my family persisted and went to the hospital for treatment, my condition quickly improved. "These fake traditional Chinese medicines hidden in residential buildings, claiming to be 'old traditional Chinese medicine' but without a practicing certificate, prescribe 'three no's' products, which delay treatment and harm physical health." Aunt Zhang sighed, "You still have to go to a regular hospital to see a doctor."
Under the banner of medicine and food sharing the same origin
Significantly raising prices and taking advantage of opportunities to accumulate wealth
An industry insider surnamed Zhao told reporters that many "traditional Chinese medicine practitioners" have packaged themselves as renowned doctors with mentorship and secret formulas, attracting patients to come to their homes for treatment and taking advantage of the opportunity to make money. Many of the medicines prescribed by these pseudo traditional Chinese medicine practitioners for patients are found in food manufacturers, who produce food branded products and then claim to patients that "medicine and food have the same origin", selling them as medicines at high prices.
"Pseudo traditional Chinese medicine practitioners generally focus on chronic diseases, and their income comes from medical expenses and medication costs. When seeking medical treatment, they often tell patients that the disease requires long-term treatment. When patients question whether their condition has improved, pseudo traditional Chinese medicine practitioners will point out reasons for different personal constitutions and question whether patients have not taken medication according to their own instructions." This industry insider introduced the "old traditional Chinese medicine practitioner" approach.
A Chinese medicine enthusiast revealed that some "old Chinese medicine practitioners" do not prescribe medicine without a formal hospital's examination report or laboratory test form, and their prescriptions are also very direct. Headaches and foot pain are treated by doctors, pain relief drugs are prescribed for patients with pain, Qi stagnation is treated with tonifying and promoting Qi drugs, blood stasis is treated with promoting blood circulation and removing stasis drugs, and they like to prescribe large prescriptions and doses.
Yue Qiang, Senior Partner of Beijing Hairun Tianrui Law Firm, introduced that "food brand" products mainly refer to ordinary foods that do not have medicinal effects; "Medicinal food homologous" products refer to foods that are traditionally both food and traditional Chinese medicinal materials and are included in the "Medicinal food homologous" food catalog; Drugs refer to substances used for the prevention, treatment, and diagnosis of human diseases, purposefully regulating human physiological functions, and specifying indications or functional indications, usage, and dosage. There are significant differences in regulatory standards among the three, and according to the Food Safety Law and Advertising Law, "food brand" products cannot directly promote a certain efficacy.
"Pseudo traditional Chinese medicine deliberately informs patients of false information, conceals the true situation of the drugs sold, and replaces the concept of 'food brand' products with drugs and 'food and medicine have the same origin', causing patients to fall into a wrong understanding and make false statements based on this, which constitutes fraud." Yue Qiang said that over time, patients are trapped in a cycle of treatment courses, spending money to buy medicine time and time again, but not curing many illnesses. When they discover something wrong, pseudo traditional Chinese medicine has already run away with the money, and knows no end.
A health product industry practitioner told reporters that a bottle of medicinal wine claimed to be able to treat pulmonary nodules is priced at 10000 yuan per bottle, which has been labeled by many "traditional Chinese medicine practitioners" as "medicine and food have the same origin" and sold as medicine. In fact, the cost of a bottle of wine is only a few tens of yuan.
In the "Measures for the Investigation and Punishment of Food Safety Fraud" issued by the former State Food and Drug Administration in 2017, it was mentioned that ordinary food that explicitly or implicitly has efficacy or special medical purposes, or uses medical terms such as "treatable" and "curable", and food advertising information that involves disease prevention, treatment functions, etc., is considered food advertising fraud.
Even worse, selling fake medicines under the guise of traditional Chinese medicine names and committing fraud.
In December 2022, the Supreme People's Procuratorate released typical cases of drug safety public interest litigation, including an administrative public interest litigation case involving the supervision and rectification of fake traditional Chinese medicine sales by the Haiyan County Procuratorate in Zhejiang Province.
In July 2021, Qian registered and established the "Qian Family Health Center". Through hanging banners and distributing business cards, he claimed to be the vice president, traditional Chinese medicine rehabilitation therapist, and qigong practitioner of a medical college in Beijing, capable of treating elderly diseases such as osteoporosis and rheumatoid arthritis. He recruited elderly people to come to the store for treatment and fabricated product functions using phrases such as "activating stem cells" and "regenerating tissue cells" to lure them into purchasing "joint regeneration capsules" for treatment.
The People's Procuratorate of Haiyan County has reviewed and found that Qian used a health center to sell fake traditional Chinese medicine to the elderly under the banner of "traditional Chinese medicine", which violated the provisions of Article 98 (1) of the Drug Administration Law, which prohibits the production, sale, and use of fake and inferior medicines. This has endangered the lives and health of the people and harmed public interests. It is recommended to investigate and punish Qian's illegal act of selling fake medicines.
Unlicensed medical practice poses significant risks
Once exposed, the trail disappears
The reporter noticed that many patients seek treatment from folk "old traditional Chinese medicine" through introductions from friends, acquaintances, neighbors, and others. The reason for this is mostly that "they have heard of special gods, have ancestral secret formulas, and the medicine can cure the disease.".
Ms. Liu from Xi'an, Shaanxi was tricked by pseudo traditional Chinese medicine for listening to rumors.
Ms. Liu spent several months preparing for pregnancy after marriage but was unsuccessful. After the neighbor learned about it, he introduced her to an "old Chinese medicine practitioner" and called her a "renowned doctor who can cure all kinds of diseases. In addition to treating illnesses, she can also regulate her body.".
Ms. Liu decided to give it a try. She found this "old traditional Chinese medicine", and after the other person simply felt her pulse, they prescribed a prescription, including hormone based Western medicine "Bujiale". During this time, no matter how Ms. Liu asked, the other party did not provide a detailed response, appearing mysterious. Subsequently, the "old Chinese medicine practitioner" asked Ms. Liu to take a prescription and prescribe medicine, taking three doses for over 700 yuan.
"At that time, I didn't know how serious my condition was, but I just followed the requirements of the 'old Chinese medicine practitioner' and took three doses of Chinese medicine and Bujiale prescribed by him. 'Ms. Liu didn't expect that as she ate more, her body became weaker and her menstrual cycle became longer. In the end, the' old Chinese medicine practitioner 'was worried about any problems and asked her to go to a regular hospital for examination.".
The examination results showed that Ms. Liu suffered from premature ovarian failure and only recovered under the treatment of a professional doctor. Afterwards, Ms. Liu went to see the "old Chinese medicine practitioner" for theory, but the other person was nowhere to be found.
"My neighbor said that he is self-taught and relies on acquaintances' referrals for medical treatment, without any relevant qualifications for practicing traditional Chinese medicine," Ms. Liu told reporters.
The reporter learned that for traditional Chinese medicine, relevant practicing certificates are essential, including traditional Chinese medicine teacher certification, traditional medicine expertise certificate, and traditional Chinese medicine physician qualification certificate. After obtaining the first two certificates, one needs to continue to obtain the qualifications of assistant physician and practicing physician, in order to have the right to practice medicine; With the qualification certificate of traditional Chinese medicine physician, one only needs to obtain the right to practice medicine and can engage in medical activities or personal business in medical institutions.
"The acquisition of the qualification of traditional Chinese medicine practitioners is regulated by the newly revised Physician Law, which stipulates that individuals with expertise, regardless of their background, can obtain the certificate of qualification of traditional Chinese medicine practitioners through assessment and recommendation. The state has provided opportunities for those who have expertise, have passed down their lineage, or have inherited their background, to obtain the qualification of traditional Chinese medicine practitioners. Those who still practice medicine without a certificate should be recognized as illegal practitioners," said Zheng Xueqian, Vice President of the Chinese Society of Health Law and Director of Beijing Huawei Law Firm.
Several interviewed experts have pointed out that the behavior of the above-mentioned elderly traditional Chinese medicine practitioners has already involved illegal medical practices.
"These unlicensed medical practitioners who use improper means to obtain illegal benefits and ignore the lives and health of others will not only face administrative penalties and civil compensation responsibilities, but may also be held criminally responsible," Zheng Xueqian said.
Yue Qiang added that if illegal medical practice meets the "serious circumstances" standard, it will result in mild disability, organ and tissue damage to the patient, leading to general functional impairment; Causing the spread or spread of Class A infectious diseases, or posing a risk of transmission or spread; Using fake drugs, inferior drugs, or hygiene materials or medical devices that do not meet national standards, which are sufficient to seriously endanger human health; After being punished twice by the health administrative department for illegal medical practice, those who engage in illegal medical practice again are suspected of committing criminal offenses of illegal medical practice.
Establish a credit punishment mechanism
Increase the intensity of illegal punishment
"From the perspective of medical safety, unlicensed practice is unsafe, especially for untrained and inexperienced 'traditional Chinese medicine'. Relying solely on specific prescriptions for treatment, similar to symptomatic treatment, does not conform to modern medical concepts." Deng Liqiang, Deputy Director of Beijing Huawei Law Firm, said that strengthening supervision is urgent.
Zheng Xueqian also proposed that relevant departments should increase their efforts to crack down on illegal medical practices, while referring to the establishment of joint credit punishment mechanisms in foreign countries, linking unlicensed practitioners to the credit system, forming a deterrent, and encouraging the public to report the chaos of fake traditional Chinese medicine diagnosis and treatment.
"Patients should also keep their eyes open, check whether traditional Chinese medicine and clinics have relevant qualifications before seeking medical treatment, and go to qualified and legitimate hospitals and clinics for treatment," Zheng Xueqian said.
Yue Qiang suggested establishing and improving a regulatory system composed of relevant departments such as the State Administration of Traditional Chinese Medicine, drug supervision and management departments, and market supervision and management departments, clarifying the responsibilities of each competent department, avoiding regulatory gaps and responsibility shifting, timely rectifying the diagnosis and treatment chaos of fake traditional Chinese medicine, and increasing punishment; Pay attention to the development of industry associations, strengthen industry self-discipline, establish a "blacklist" of the industry, publicize non-standard and disorderly phenomena in the industry, and provide risk warnings to consumers; The news media should also play a role in public opinion supervision and popularization of science, timely expose and disclose the chaotic diagnosis and treatment of pseudo traditional Chinese medicine, and carry out science popularization and publicity to the public to enhance their scientific awareness and awareness of rights protection.
