Hong Kong Ordinances

EMPLOYEES' COMPENSATION ORDINANCE - SECT 10AB

Cost of medicines



* Italicized parts are not yet in operation.

(1) This section applies where an employer is liable under section  10A to pay
the medical expenses for the medical treatment given in Hong Kong in respect
of an employee’s personal injury.

(2) Subject to the other provisions of this section, the medical  expenses
that an employer is liable to pay in respect of an employee’s personal
injury—

   (a)  include the cost of medicines to the extent that the medicines are
        prescribed medicines for the direct treatment of the injury; but

   (b)  do not include the cost of any tonic or substance that is prescribed
        for the purpose of the maintenance of general health only.

(3) For the purposes of this section, a reference to prescribed medicines is a
reference to—

   (a)  medicines prescribed by a registered medical practitioner or
        registered dentist; or

   (b)  Chinese herbal medicines or proprietary Chinese medicines prescribed
        by a registered Chinese medicine practitioner.

(4) An employer is not liable to pay any cost of medicines relating to any
pharmaceutical product or substance that is required to be registered under
the Pharmacy and Poisons Ordinance ( Cap 138) unless it is so registered.

*[(5) An employer is not liable to pay any cost of medicines relating to any
proprietary Chinese medicine unless the proprietary Chinese medicine—

   (a)  is registered under section 121 of the Chinese Medicine  Ordinance (
        Cap 549);

   (b)  is deemed to have been registered under section 128 of that Ordinance;

   (c)  is exempted from registration by virtue of section 158(6) of that
        Ordinance;

   (d)  is exempted from registration by virtue of section 37 of the
        Chinese Medicines Regulation ( Cap 549 sub. leg. F); or

   (e)  is a substance or product that is registered under the Pharmacy 
        and Poisons Ordinance ( Cap 138).]

(6) An employer is not liable to pay any cost of medicines relating to any
Chinese herbal medicine unless the Chinese herbal medicine—

   (a)  is sold to the employee concerned by a person who—

        (i)    is the holder of a retailer licence issued under section 114 of
               the Chinese Medicine Ordinance ( Cap 549); or

        (ii)   is deemed, under section 118(1) of that Ordinance, to have been
               granted such a licence; or

   (b)  is sold by a registered Chinese medicine practitioner for the purpose
        of administering, as described in section 158(2) of that Ordinance, to
        the employee concerned who is a patient under that Chinese medicine
        practitioner’s direct care.

(7) An employer is not liable to pay any cost of medicines relating to
medicines dispensed pursuant to the same prescription on a second or
subsequent occasion unless—

   (a)  the prescription contains a direction that the medicines are to be
        dispensed for a stated number of times; and

   (b)  the medicines are dispensed in accordance with that direction.

(8) Where the medical expenses for the medical treatment of an employee
include the cost of medicines, the employer or the Commissioner may request
the employee to produce to him the prescription for the medicines and the
receipt for the payment of that cost. The employer is not liable to pay the
cost of medicines if the employee fails, without reasonable excuse, to comply
with the request.

(9) A prescription given by a registered medical practitioner or
registered dentist and produced for the purposes of subsection (8) must
show—

   (a)  the name of the medical practitioner or dentist;

   (b)  the name of the patient to whom the prescription is given;

   (c)  the trade name or pharmacological name and dosage of each medicine
        prescribed; and

   (d)  the date on which the prescription is given.

(10) A prescription given by a registered Chinese medicine  practitioner and
produced for the purposes of subsection (8) must show—

   (a)  the name of the Chinese medicine practitioner;

   (b)  the name of the patient to whom the prescription is given;

   (c)  if any Chinese herbal medicine is prescribed, its name and quantity;

   (d)  if any proprietary Chinese medicine registered under section  121 of,
        or deemed to have been registered under section 128 of, the
        Chinese Medicine Ordinance ( Cap 549) is prescribed, its product name
        and dosage;

*[(e) if any proprietary Chinese medicine exempted from registration by virtue
of section 158(6) of the Chinese Medicine Ordinance ( Cap 549) is prescribed,
the name and quantity of each Chinese herbal medicine that is contained in the
proprietary Chinese medicine; and]

   (f)  the date on which the prescription is given.

(11) A receipt for the payment of the cost of medicines produced for the
purposes of subsection (8) must show—

   (a)  the name and address of the person by whom the prescribed medicines
        were sold;

   (b)  the date of sale; and

   (c)  the name, quantity and price of the prescribed medicines sold.

(12) For the purposes of this section— “Chinese herbal medicine”
(中藥材) means—

   (a)  a Chinese herbal medicine specified in Schedule 1 or 2 to the
        Chinese Medicine Ordinance ( Cap 549); or

   (b)  any other material of herbal, animal or mineral origin customarily
        used by the Chinese for medicinal purpose; “proprietary Chinese
        medicine” (中成藥) has the meaning assigned to it by section 2 of
        the Chinese Medicine Ordinance ( Cap 549). (Added 16 of 2006 s. 15)
        “Chinese herbal medicine” (中藥材) “proprietary Chinese
        medicine” (中成藥)