Is there really a genius doctor in the "Traditional Chinese Medicine Hall"?
it might just be a massage parlor
Massage, massage, cupping... When the body is in a sub-healthy state due to the "high pressure" at work, many people will choose to find a health club to relieve their discomfort. However, in the process, not only are safety risks prone to occur, but also chaos is hidden in it. For example, using words such as "Traditional Chinese Medicine Hall" and "Traditional Chinese Medicine Guild Hall" to mislead consumers by packaging people without medical qualifications as "industry veterans" and "Hua Tuo rebirth".
Case 1: A massage parlour hangs up a Chinese medicine sign
Zhang Ming saw a massage shop's promotional website claiming that it is a member of the Chinese Association of Chinese Medicine, affiliated to a Chinese medicine hospital, a designated practice base for a Chinese medicine university, and has a well-known American medical professor, a doctoral tutor and other professional physiotherapy He went to the massage shop to receive heat-sensitive moxibustion services, but in the process, he was scalded due to improper operation of the physiotherapist.
To this end, Zhang Ming sued to the court, requesting the court to order the massage shop to refund the prepaid fee and bear three times the liability for compensation.
During the trial, the massage shop could not provide evidence to prove that it was a member of the Chinese Society of Traditional Chinese Medicine, nor could it prove that it was affiliated with a traditional Chinese medicine hospital.
After hearing, the court held that the promotional content of the massage shop on the website convinced Zhang Ming of its professionalism and status in the industry, thus misleading Zhang Ming to pay for the service.
Therefore, the court found that the massage shop falsely advertised and misled consumers when providing services, which was fraud, and ordered the massage shop to bear the legal responsibility of refunding one for one and three for three.
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Zhao Xiaolin, assistant judge of Beijing Chaoyang Court, introduced that, according to the "Notice of the Ministry of Health and the State Administration of Traditional Chinese Medicine on Issues Concerning the Management of Traditional Chinese Medicine Massage and Other Activities (Guo Zhong Yi Fa [2005] No. 45)", non-medical institutions carry out massage, For activities such as massage, scraping, cupping, etc., special medical terms such as "traditional Chinese medicine", "medical treatment", "treatment" and disease names shall not be used in the name of the institution, the name of the business project and the project introduction, and the therapeutic effect shall not be promoted.
In this case, the massage shop used words such as "Traditional Chinese Medicine" and "Medical Association" in its propaganda without the corresponding qualifications of a medical institution, which violated the relevant regulations.
In practice, this situation is not uncommon. For example, the use of words such as "Traditional Chinese Medicine Hall" and "Traditional Chinese Medicine Guild Hall" in the name of the store, and the packaging of people without medical qualifications as "industry veterans", "rejuvenating hands", "Hua Tuo rebirth", etc., are easy to mislead consumers. By.
Case 2: Cupping is infected, but the money cannot be refunded
In order to relieve physical fatigue, Li Yuan applied for a massage card at the health club, and then performed massage and cupping at the health club. However, due to the lax disinfection of the staff, the wounds were red, swollen and inflamed.
To this end, Li Yuan sued the court on the grounds of service quality issues, demanding the termination of the previous service contract between the two parties, and asking the health club to refund the prepaid service fee and compensate for losses.
However, the guild hall refused on the grounds that Li Yuan voluntarily paid the fee and could not prove that the infection was related to him.
After trial, the court held that Li Yuan established a service contract relationship with the guild hall, and the legal relationship was legal and valid.
Both parties should perform their obligations as agreed.
According to the evidence submitted by Li Yuan, it can be determined that he developed a skin infection after receiving the services of the health club. The time and location of the infection are consistent with the situation of receiving the service, which is enough to prove that the service quality of the club is flawed. The contractual purpose of receiving the service could not be realized, so the court ordered both parties to terminate the service contract, and the clubhouse refunded the unused service fee to Li Yuan and compensated for the loss.
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Zhao Xiaolin said that in practice, consumers who buy one-time massage therapy services or purchase membership stored-value cards often do not enter into formal written contracts with merchants, but simply enter the merchant's own system for card consumption. Therefore, the two parties will not make any special agreement on the reasons for the termination of the contract.
But this does not mean that consumers do not enjoy the right to rescind the contract.
In this case, the consumer entered into a service contract with the merchant in pursuit of good physical and mental health, but the merchant's breach of contract during the performance of the contract made the purpose of the contract impossible, so the consumer had the right to request the termination of the contract and refund of the prepaid services costs and damages.
Zhao Xiaolin reminded that you must carefully check the business license before consumption, and you can also fully understand the business credit situation and business reputation by checking the public information of the industry and commerce administration authority and the credit reporting system.
Consumers who purchase services on the platform can choose to view their corresponding qualification certificates in the merchant's collection information.
If consumers want to achieve the purpose of treating diseases through physical therapy methods such as massage and massage, they should go to a regular medical institution for medical treatment, or choose an institution or individual with a medical institution practicing license and a doctor's practicing qualification certificate.
In addition, prepaid fees should be paid with a trace, and if paying in cash, a receipt with a valid signature or seal should be requested.
When negotiating with merchants, try to keep written traces or make audio recordings to avoid being passive in litigation.
Seek medical treatment in a timely manner when the body is damaged, keep the case data, and choose a professional appraisal agency for appraisal when necessary.
Case 3 Stomach hemorrhage caused by acupuncture treatment
Li Xin went to a health management center for physiotherapy due to stomach discomfort. The person in charge of the center, Wang Mou, took the initiative to promote traditional Chinese medicine acupuncture and moxibustion after diagnosing his pulse, and performed acupuncture on his stomach and abdomen.
However, Li Xin felt strong stomach pain after acupuncture, and was diagnosed with open abdominal injury and ejection bleeding from the omental artery on the greater curvature of the gastric body after being sent to the doctor.
After identification, there is a direct causal relationship between the omental artery hemorrhage on the greater curvature of Li Xin's gastric body and acupuncture.
Li Xin sued to the court, asking a health management center to compensate for medical expenses and other losses.
After investigation, the health management center does not have the qualifications to practice medical diagnosis and treatment.
After hearing, the court held that the health management center did not have the qualifications to practice medicine, but it still provided acupuncture services for Li Xin, which was an illegal practice of medicine.
In the end, the court ruled that the Health Management Center should be liable for the various losses caused by Li Xin's acupuncture.
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Zhao Xiaolin explained that the "Reply of the State Administration of Traditional Chinese Medicine and the General Office of the National Health and Family Planning Commission on Issues Concerning the Supervision of Traditional Chinese Medicine in the Special Action to Combat Illegal Practice of Medicine (Guo Jianfa [2014] No. 9 of the State Administration of Traditional Chinese Medicine)" stipulates that non-medical institutions They and their personnel shall not use acupuncture, scar moxibustion, foaming moxibustion, traction, pulling method, traditional Chinese medicine minimally invasive techniques, traditional Chinese medicine lavage and other invasive, invasive or high-risk technical methods in business activities.
It can be seen from the above regulations that non-medical institutions and their personnel cannot conduct “traumatic, invasive, and high-risk” activities, otherwise they may be suspected of illegally practicing medicine, and in serious cases, it may constitute the crime of illegally practicing medicine.
The above-mentioned health management center personnel's practice of traditional Chinese medicine acupuncture for Li Xin for the purpose of treating stomach diseases shall be regarded as illegal medical practice.
The "Guiding Opinions of the State Administration of Traditional Chinese Medicine on Promoting the Development of TCM Health Care Services" clearly states that social non-medical TCM health care institutions can provide services such as identification and assessment of TCM health status, consultation and guidance, health intervention, and health management. People can use Chinese medicine techniques such as massage, scraping, cupping, moxibustion, fumigation and washing, as well as other health care methods and products guided by Chinese medicine theory when conducting health interventions.
Therefore, as a social non-medical TCM health care institution, it can only provide health care methods guided by TCM technology and TCM theory. If you want to engage in TCM diagnosis and treatment activities, you need to obtain a "Medical Institution Practice License".
According to Zhao Xiaolin, in response to such situations, the newly implemented "Physician Law of the People's Republic of China" has made relevant provisions: Those who have studied Chinese medicine through a teacher for three years, or who have real expertise in medical skills after many years of practice, will be approved by the people's government at or above the county level for health care. If the professional organization of traditional Chinese medicine or the medical and health institution entrusted by the competent department has passed the examination and recommended it, they may take the qualification examination of traditional Chinese medicine physicians.
Those who learn traditional Chinese medicine in the form of teachers or who have been practiced for many years and have real expertise in medical skills shall be recommended by at least two traditional Chinese medicine physicians, and after passing the practical skills and effect assessment organized by the competent department of traditional Chinese medicine of the provincial people's government, they can obtain the qualifications of traditional Chinese medicine physicians and the corresponding qualifications. Qualification certificate.
It can be seen that if an individual with TCM medical skills wants to engage in activities related to TCM diagnosis and treatment, he must obtain a doctor's qualification certificate.
Zhao Xiaolin reminded that consumers must choose to go to a regular medical institution for medical treatment when they are unwell, and must not trust the business, otherwise they will be injured by "illegal medical practice" if they are not careful. Report to relevant departments such as the industry and commerce department.
(In this article, Zhang Ming, Li Yuan, and Li Xin are all pseudonyms)
Text / reporter Song Xia