Court allows Oriental medicine practitioners to use brain-wave test machine

By Kim Rahn

A court has ruled that Oriental medicine practitioners should be allowed to use the electroencephalograph (EEG), a brain-wave measuring machine used to assisst in the diagnosis of dementia and Parkinson’s disease.

The ruling is expected to further aggravate conflicts between medical doctors and Oriental medicine practitioners over the latter’s use of modern medical devices.

The Seoul High Court Friday ordered the Ministry of Health and Welfare to cancel its suspension of a medical license for an Oriental medicine practitioner, surnamed Lee.

In April 2012, the ministry slapped a three-month license suspension on Lee for using the machine in examining dementia and Parkinson’s disease patients at his clinic in Seoul in 2010.

The machine is used to measure brain waves in patients with brain tumors and epilepsy. According to the Medical Act, a medical staffer cannot carry out medical procedures that are not allowed by his or her license and violators face license suspension.

Lee claimed that the EEG was medical device that the Ministry of Food and Drug Safety had categorized as an appliance with low possibilities of harm, saying it is at a similar level as electronic blood pressure gauges or infrared ear thermometers, which anybody can use, even without a license.

A local court ruled in favor of the ministry, saying using the machine is not included in Oriental medical procedures, and thus was beyond the limit of his license.

But the High Court overturned the decision, saying, “In the state-run exam for the medical doctor license, the applicants take only a written test about brain-wave examinations, and clinical experience is not required. Considering this, Oriental medicine practitioners can use the device as well to understand patients’ conditions.”

It said that the related laws on medical appliances also do not limit the sale of EEGs only to medical doctors.

The Association of Korean Medicine (AKM), a group of Oriental medicine practitioners, welcomed the ruling.

“This will become an important legal ground to allow Oriental medicine practitioners to use medical devices,” it said. “Based on the ruling, the ministry should revise related regulations to expand the choices people can make concerning their medical treatment.”

But the Korean Medical Association, a group of medical doctors, is opposing the ruling.

“If the EEG result is not properly analyzed, the patient’s brain problems can become more serious, and proper and timely medication may not be given,” an association official said. “We can’t accept the ruling.”

Earlier this year, AKM President Kim Pil-gun demonstrated an ultrasound bone densitometer at a press conference, claiming Oriental medicine practitioners should be allowed to use modern medical equipment.

A group of medical doctors then filed a complaint against Kim with the prosecution, claiming he carried out unlicensed medical practices.