Quackery or Complementary Medicine - a Historical Approach to the present Situation
(2005)Department of Law
- Abstract
- Swedish consumers are increasingly interested in Complementary medicines, yet the Swedish legal attitude appears reluctant to these traditional methods. This thesis examines the historical roots of the alleged Swedish attitude and investigates whether Swedish law and practice is in line with EU requirements. Focus is on the Caregivers and restrictions surrounding their practice and also on the restrictions regarding Complementary medicines used by the actors. The historical exposition shows a parallel development in the field of medicine in most countries during many centuries in ancient times. However, a major deviation occurred in Sweden compared to other European countries in that the Swedish licensed practitioners were given state... (More)
- Swedish consumers are increasingly interested in Complementary medicines, yet the Swedish legal attitude appears reluctant to these traditional methods. This thesis examines the historical roots of the alleged Swedish attitude and investigates whether Swedish law and practice is in line with EU requirements. Focus is on the Caregivers and restrictions surrounding their practice and also on the restrictions regarding Complementary medicines used by the actors. The historical exposition shows a parallel development in the field of medicine in most countries during many centuries in ancient times. However, a major deviation occurred in Sweden compared to other European countries in that the Swedish licensed practitioners were given state monopoly at a very early stage. In 1663, a private medical guild, Collegium Medicum, was set up, which changed into a public and official institution only twenty odd years later. The Swedish Medical enactments of 1688 constituted a complete monopoly for the Licensed practitioners in the field of medicine. The reason was not an urge to protect the public from harm, but rather to safeguard groups of qualified professionals and their ability to earn a living. The 1688 legislation was not replaced until 1915 - more than 225 years later. The 1915 Quackery Law eliminated the medicinal monopoly, legalizing professional health care practice by Paramedical practitioners, yet introduced restrictions for them in dealing with severe health conditions. In parallel, requirements on Science and Verified Experience have in reality prevented the Licensed practitioner from working outside Conventional medicines. History presents an explanation for the lack of acceptance and respect for Paramedicinal practitioners and Complementary medicines in Sweden. In other European countries Complementary medicines have been tolerated and accepted since long. The methods have been - and continue to be - taught at universities and practiced by licensed professionals. The historical events give a perspective when investigating the Swedish contemporary legal situation. Swedish national law has been forced to bow to the more tolerant attitude found within the European legislation. Yet, in many situations Swedish law presents narrow interpretations: There is a lack of fiscal neutrality for Complementary medicines compared to Conventional medicines. Restrictions on Licenced practitioners use of Complementary medicine also clearly distinguishes Sweden from the rest of Europe, whereas the exclusion of certain treatments and certain groups of patients for Paramedicinal practitioners appears to be in line with EU law. The overall conclusion is that Swedish law is in line with EU standards, but that certain attitudes and practices must be revised. Whether the Licensed medical practitioners like it or not, it seems that Complementary medicine is becoming more and more incorporated in the consciousness of the public and gaining the acceptance of society at large. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1559564
- author
- Lidgard, Hedda
- supervisor
- organization
- year
- 2005
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- Rättshistoria
- language
- English
- id
- 1559564
- date added to LUP
- 2010-03-08 15:55:24
- date last changed
- 2010-03-08 15:55:24
@misc{1559564,
abstract = {{Swedish consumers are increasingly interested in Complementary medicines, yet the Swedish legal attitude appears reluctant to these traditional methods. This thesis examines the historical roots of the alleged Swedish attitude and investigates whether Swedish law and practice is in line with EU requirements. Focus is on the Caregivers and restrictions surrounding their practice and also on the restrictions regarding Complementary medicines used by the actors. The historical exposition shows a parallel development in the field of medicine in most countries during many centuries in ancient times. However, a major deviation occurred in Sweden compared to other European countries in that the Swedish licensed practitioners were given state monopoly at a very early stage. In 1663, a private medical guild, Collegium Medicum, was set up, which changed into a public and official institution only twenty odd years later. The Swedish Medical enactments of 1688 constituted a complete monopoly for the Licensed practitioners in the field of medicine. The reason was not an urge to protect the public from harm, but rather to safeguard groups of qualified professionals and their ability to earn a living. The 1688 legislation was not replaced until 1915 - more than 225 years later. The 1915 Quackery Law eliminated the medicinal monopoly, legalizing professional health care practice by Paramedical practitioners, yet introduced restrictions for them in dealing with severe health conditions. In parallel, requirements on Science and Verified Experience have in reality prevented the Licensed practitioner from working outside Conventional medicines. History presents an explanation for the lack of acceptance and respect for Paramedicinal practitioners and Complementary medicines in Sweden. In other European countries Complementary medicines have been tolerated and accepted since long. The methods have been - and continue to be - taught at universities and practiced by licensed professionals. The historical events give a perspective when investigating the Swedish contemporary legal situation. Swedish national law has been forced to bow to the more tolerant attitude found within the European legislation. Yet, in many situations Swedish law presents narrow interpretations: There is a lack of fiscal neutrality for Complementary medicines compared to Conventional medicines. Restrictions on Licenced practitioners use of Complementary medicine also clearly distinguishes Sweden from the rest of Europe, whereas the exclusion of certain treatments and certain groups of patients for Paramedicinal practitioners appears to be in line with EU law. The overall conclusion is that Swedish law is in line with EU standards, but that certain attitudes and practices must be revised. Whether the Licensed medical practitioners like it or not, it seems that Complementary medicine is becoming more and more incorporated in the consciousness of the public and gaining the acceptance of society at large.}},
author = {{Lidgard, Hedda}},
language = {{eng}},
note = {{Student Paper}},
title = {{Quackery or Complementary Medicine - a Historical Approach to the present Situation}},
year = {{2005}},
}