Panel on Health Services (Papers) 9 Dec 97

INFORMATION PAPER FOR PROVISIONAL LEGCO PANEL ON HEALTH SERVICES

(meeting on 9 December 1997)

Radiation Ordinance (Cap 303) Radiation (Control of Irradiating Apparatus) Regulations

This paper provides information on the implementation of Regulation 26 of the Radiation (Control of Irradiating Apparatus) Regulations made under the Radiation Ordinance (Cap 303), and the regulation of radiographers in accordance with the Radiographers (Registration and Disciplinary Procedure) Regulation made under the Supplementary Medical Professions Ordinance (Cap 359).

Supplementary Medical Professions Ordinance (Cap 359)

2.The Supplementary Medical Professions Ordinance (Cap 359) provides for the registration, discipline and management of persons engaged in professions supplementary to medicine. The radiographers' profession is one of these professions.

3.The Radiographers Board is set up under section 5 of Cap 359 to promote adequate standards of professional practice and conduct among radiographers. The registration and discipline of radiographers are provided for under the Radiographers (Registration and Disciplinary Procedure) Regulation made under Cap 359 in 1995. Statutory registration of radiographers commenced on 1 July 1995. With effect from 1 November 1996, no person shall practise as a radiographer without being registered, except those specifically exempted under the Radiographers (Registration and Disciplinary Procedure) Regulation.

4.As at 30 November 1997, a total of 1,350 radiographers are registered with the Radiographers Board, the majority of whom are practising in public hospitals and clinics.

Radiation Ordinance (Cap 303)

5.The Radiation Ordinance (Cap 303) controls the import, export, possession and use of radioactive substances and irradiating apparatus and the prospecting and mining for radioactive minerals, and for related purposes. The Radiation Board is set up under section 3 of Cap 303 as the authority to administer the Ordinance.

6.Section 7 of Cap 303 requires that a person who uses irradiating apparatus should hold a licence issued by the Radiation Board. As regards the use of irradiating apparatus affecting the human body, Regulation 26(1) of the Radiation (Control of Irradiating Apparatus) Regulations stipulates that " No person other than a medical practitioner or a person acting under his personal supervision shall operate an irradiating apparatus for any purpose affecting human body " . In other words, a person operating an irradiating apparatus under the personal supervision of a medical practitioner who holds a licence to use the irradiating apparatus is not contravening Regulation 26(1).

Way Forward

7.The Hong Kong Radiographers' Association is concerned that Regulation 26(1) may allow unregistered persons to practise radiography as long as they are working under the personal supervision of medical practitioners and therefore render the statutory registration of radiographers meaningless. The Radiographers Board reflected similar views to the Radiation Board. The Administration's legal adviser is of the opinion that, while a person who is not a registered radiographer may operate an irradiating apparatus under the personal supervision of a medical practitioner in accordance with Regulation 26(1), whether he is regarded as practising a radiographer's profession will depend on the scope of work he performs. In any event, Regulation 26(1) does not empower any unregistered persons to practise the radiographers' profession, regardless of whether they are under the personal supervision of medical practitioners. Therefore, there does not exist an anomaly between the two Regulations.

8.The Radiation Board has taken into account the legal advice and considered that the flexibility of allowing the operation of irradiating apparatus by persons under the personal supervision of medical practitioners under Regulation 26(1) should be retained to cater for some practical clinical situations. In any case, the medical practitioners will be held clinically responsible in those situations so that the interests of the public are safeguarded. To address the Association's concern, the Radiation Board has proposed to tighten the control of the operation of irradiating apparatus by specifying clearly how " personal supervision " should be exercised. The Board proposed to amend Regulation 26(1) along the line that " No person shall operate an irradiating apparatus for any purpose affecting the human body except a registered medical practitioner or a person acting under the personal supervision of a registered medical practitioner who is present on the premises in which the examination is taking place at the time it takes place " .

9.We are now seeking the views of the Radiographers Board on the Radiation Board's proposal. We understand that the Radiographers Board will hold a meeting in mid-December 1997 to discuss the matter.

Health and Welfare Bureau
December 1997