Licensing of Chinese Medicine Traders > Exemptions for licence application

(i) Person or institution concerned with education or scientific research

According to Section 158(1) of the Chinese Medicine Ordinance, the Chinese Medicines Board may exempt, with or without conditions or restrictions, a person or institution concerned with education or scientific research from the restrictions of licensing of Chinese medicines traders or registration of proprietary Chinese medicines if the Chinese herbal medicines or proprietary Chinese medicines in question are required for the purposes of education or scientific research. Such person or institution may, without the relevant licence or certificate issued by the Chinese Medicines Board, obtain and possess the relevant Chinese herbal medicines and unregistered proprietary Chinese medicines.

Such persons or institutions concerned with education or scientific research are required to apply to the Chinese Medicines Board for the relevant exemptions. The relevant application forms can be downloaded from this website.

 

(ii) Chinese medicine practitioner

According to Section 158(2) and 158(4) of the Chinese Medicine Ordinance, if, and only if, the Chinese herbal medicines in question are being used for the purpose of administering to a patient under the direct care of a registered Chinese medicine practitioner or a listed Chinese medicine practitioner and being dispensed on a prescription given by him and at the premises where he practises and not used for public sales, such Chinese medicine practitioner may be exempted from applying for a retailer licence in Chinese herbal medicines for the purposes of possession and dispensing of the Chinese herbal medicines specified in Schedule 1 (applicable to registered Chinese medicine practitioners only) and in Schedule 2. In addition, according to Section 158(6)(a) of the Chinese Medicine Ordinance, in the event that the relevant proprietary Chinese medicines is compounded by or under the supervision of a registered Chinese medicine practitioner or a listed Chinese medicine practitioner at the premises where he practises if, and only if, such proprietary Chinese medicines is being used for the purpose of administering or supply to a patient under his direct care, then he may be exempted from applying for a manufacturer licence in proprietary Chinese medicines.

 

(iii) Manufacturer of proprietary Chinese medicines

According to Section 158(7) of the Chinese Medicine Ordinance, if, and only if, the Chinese herbal medicines or proprietary Chinese medicines in question are imported or obtained by a licensed manufacturer of proprietary Chinese medicines as raw materials for the purpose of manufacturing his own products, then he is exempted from obtaining a wholesaler licence for the purpose of possessing such batch of Chinese herbal medicines or proprietary Chinese medicines. In addition, according to Section 158(8) of the Chinese Medicine Ordinance, if and only if a licensed manufacturer of proprietary Chinese medicines sells by way of wholesale the registered proprietary Chinese medicines manufactured by himself, then he may be exempted from obtaining a wholesaler licence in proprietary Chinese medicines. If he, however, sells by way of wholesale other proprietary Chinese medicines not manufactured by himself, then he will be required to apply for a wholesaler licence in proprietary Chinese medicines.

 

(iv) Retailer of Chinese herbal medicines

According to section 158(6)(b) of the Chinese Medicine Ordinance, if the proprietary Chinese medicines in question are individually prepared or compounded by a person nominated for supervising the dispensing of Chinese herbal medicines or his deputy, or under the supervision of such person, at the premises in respect of which a retailer licence is in force and in accordance with a prescription given by a registered Chinese medicine practitioner or a listed Chinese medicine practitioner, then the retailer of Chinese herbal medicines is not required to obtain a manufacturer licence in proprietary Chinese medicines.

 

previous | next