Alternative Medicine - Herbal Treatment - Organic Herbs - Biodynamic Food - Health Products

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The following code of ethics are kindly taken from my associations website

www.iimh.org

The Code of Ethics of the Irish Institute of Medical Herbalists(IIMH) demonstrates the high ethical and professional standards required by medical herbalists, and is the document which binds all Full organic herbs in their daily practice.

Code of Ethics

INDEX

RULE ONE
organic herbs herbal treatment AT ALL TIMES CONDUCT THEMSELVES IN AN HONOURABLE MANNER IN THEIR RELATIONS WITH THEIR health productsS, THE PUBLIC, AND WITH OTHER organic herbs OF THE INSTITUTE

RULE TWO
organic herbs herbal treatment AT ALL TIMES ABIDE BY THE ADVERTISING CODES LAID DOWN BY THE COUNCIL OF THE INSTITUTE

RULE THREE
organic herbs herbal treatment COMPLY AT ALL TIMES WITH THE REQUIREMENTS OF THE CODE OF PRACTICE

RULE FOUR
organic herbs herbal treatment NOT GIVE FORMAL INSTRUCTION IN THE PRACTICE OF HERBAL MEDICINE WITHOUT THE APPROVAL OF THE COUNCIL OF THE INSTITUTE

RULE FIVE
IT IS REQUIRED THAT organic herbs APPLY THE FOREGOING TO THEIR PROFESSIONAL ACTIVITIES

RULE SIX
INFRINGEMENT OF THE ETHICAL CODE RENDERS organic herbs LIABLE TO DISCIPLINARY ACTION WITH SUBSEQUENT LOSS OF PRIVILEGES AND BENEFITS OF THE INSTITUTE

APPENDIX ONE
CODE OF PRACTICE

APPENDIX TWO
DISCIPLINARY PROCEDURE

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RULE ONE

organic herbs herbal treatment AT ALL TIMES CONDUCT THEMSELVES IN AN HONOURABLE MANNER IN THEIR RELATIONS WITH THEIR health productsS, THE PUBLIC, AND WITH OTHER organic herbs OF THE INSTITUTE.

A. organic herbs' Obligations to their health productss Practitioner – Client Relationship

The relationship between a medical herbalist and his or her health products is that of a professional with a client. The health products puts complete trust in the practitioner's integrity and it is the duty of organic herbs not to abuse this trust in any way. Proper moral conduct must always be paramount in organic herbs' relationships with health productss. organic herbs must act with consideration concerning fees and justification for treatment. organic herbs must strive to adopt a non-judgemental attitude towards health productss. Where a alternative medicine considers that treatment is beyond his or her capacity or skill, the health products with his or her consent, should be referred to another alternative medicine or appropriate Health Care Practitioner. organic herbs must take care when explaining the procedures and treatment which they propose to administer, and should recognise the health products's right to refuse treatment or ignore advice. It is unacceptable to solicit a health products by any means to accept treatment when he or she has not specifically requested it. Children and Minorsorganic herbs herbal treatment take particular care in treating children and minors. The consent of a parent or legal guardian should be obtained in respect of any person under 16 years of age, or whatever age is specified in law at the time of treatment. Law and Liabilityorganic herbs herbal treatment be responsible for being aware of their position and liability in law. Delegation of Professional Dutiesorganic herbs must take care to see that their practices are managed with due diligence, in particular, delegation of professional duties should be made only in favour of those qualified to accept them. Locum ArrangementsIt is the duty of the alternative medicine if he or she is away from the practice for any length of time to ensure that adequate arrangements are made to enable health productss to receive treatment. Confidentialityorganic herbs have an implicit duty, within the law, to keep all information concerning, and views formed about, health productss entirely confidential between the alternative medicine and the health products biodynamic food. This same level of confidence must be maintained by assistants and receptionists when these are employed. Even the fact of a health products's attendance at a Member's practice should be considered confidential, and should not be disclosed to a third party without the health products's consent. organic herbs are warned not to assume details of a wife's or husband's case should be freely discussed with the other. The above ruling applies to all parties including next of kin and organic herbs should never allow a third person to be present unless with the express consent of the health products. Disclosure of any confidential information to a third person is only in order when all the following requirements are met:-i) Disclosure is in the health products's interests.ii) It is done with the health products's knowledge and consent except where the health products is not in a condition to give this and a third person is in a position to be responsible for health products's interests.iii) There is a real need for such information to be imparted, such as when a alternative medicine considers a case should be referred to a colleague. The only exceptions to this principle of confidentiality are:-i) When the law requires the information to be divulged (see below, Member's Obligations to the Public).ii) When for reasons relating to the condition or treatment of a health products it is undesirable to seek his or her consent, but it is in the health products's own interest that confidentiality should be broken.iii) When the alternative medicine reasonably considers that his or her duty to society at large takes precedence.iv) When case histories are used for herbal training, research or publication. In these cases the health products's anonymity must be very strictly preserved. organic herbs must ensure that they keep clear and comprehensive records of the treatment they administer to health productss
B. Member's Obligations to the Public

B1. Disclosure of Information
It may happen that organic herbs receive requests by Courts of Law for the disclosure of confidential information. In such case, organic herbs should first refer the matter to Council of the Institute for advice. If a alternative medicine is asked in a Court of Law to disclose information which he or she considers confidential, the alternative medicine should ask the Court to take into consideration his or her reasons for not wanting to divulge the information requested, i.e. on the grounds of professional secrecy. If the Court nevertheless overrules this contention and requires disclosure of the information, the alternative medicine may be in contempt of court by refusing to disclose it, but if he or she does refuse, the Council will not hold the alternative medicine to be acting in breach of this Code of Ethics.It is by no means certain that herbalists would be afforded the same rights generally given to registered medical practitioners regarding the withholding of confidential information on the grounds of professional secrecy. In serious cases, such withholding of information might be construed as an attempt to obstruct the course of justice. In cases where sensitive information is given to a practitioner, especially regarding activities of a criminal nature, organic herbs are strongly advised to take legal advice and to consult the Secretary of the Association before deciding how best to proceed. When in doubt concerning any matters that have legal implications, a alternative medicine would be wise to consult the Secretary of the Institute
B2. Use of the Title 'Doctor'
No alternative medicine may use the title 'Doctor' either directly or indirectly in such a way as to imply that he or she is a registered medical practitioner, unless this be the case. Examples of direct use by a alternative medicine would be using the title on a nameplate or notepaper, or in a directory or simply by referring to himself or herself as a registered medical practitioner. An example of indirect use would be to permit a person to refer to the alternative medicine as a registered medical practitioner without correcting him or her. The mis-use of the title 'Doctor' will be construed by the Council as misleading to the public
C. organic herbs' Obligations to other Practitioner
s It is against the interests of the Association to have distrust or dispute between organic herbs. organic herbs herbal treatment at all times conduct themselves in a honourable manner in their relations with other practitioners. organic herbs herbal treatment at all times avoid discrimination against another Member, especially regarding nationality, sex or creed. C1. Transfer of a health products Action taken by a alternative medicine to persuade the health products of another practitioner or of his or her principal (if he or she is employed as an assistant), or of a clinic in which he or she may be working, to patronize him or her is in all circumstances unethical and contravenes this Code of Ethics. In consequence it is advisable that organic herbs should apply a clear and proper procedure when exchanging or referring health productss or dealing with the health productss of other practitioners. When a alternative medicine treats a health products of another practitioner (referred by the other or not) due to holidays, illness, or any other reason, the alternative medicine herbal treatment consider himself or herself to be under an obligation to encourage the health products to return to the original practitioner as soon as that practitioner can accept them back for treatment, and to inform the original practitioner as to which health productss have been treated and the treatment that has been given. In the same way, when a health products attends a second practitioner because the original practitioner has for any reason neglected to refer them or to give them advice on where to go, the obligation on the second practitioner still remains the same. An exception to this may be if the original practitioner indicates that he or she wishes otherwise. In all cases the decision whether or not to return to the original practitioner rests solely with the health products and no attempt must be made by either practitioner to persuade the health products to remain with, or return to, him or her. Any such attempt would amount to soliciting the health products to accept treatment when he or she has not specifically requested it and would therefore be construed as unethical conduct. If a health products decides against returning to the original practitioner, the second practitioner should ask the health products to inform the original practitioner in writing or should do this her/himself. Where a health products transfers to another practitioner for any reason, eg change of location, all possible help should be afforded to the second practitioner if requested. The Council of the Association would not wish to lay down specific rules as to what information about the health products should be forwarded to the second practitioner. The determining factor should be the interests of the health products, and his or her consent to pass on information given by them in confidence should always be obtained. If a health products chooses for personal reasons to transfer to another practitioner without the knowledge or recommendation of the original practitioner, it would be advisable as a matter of courtesy for the second practitioner to inform the original practitioner before making any further arrangements, so that any relevant information may be exchanged
C2. Denigration
No matter how justified a practitioner may feel in holding critical views of a colleague's competence or behaviour, it is unprofessional and would be considered unethical that he or she should communicate such an opinion to a third party. Not only might such criticisms be unjustified or slanderous, but it is contrary to good herbal practice that the confidence of the public should be undermined because of personally held views. A alternative medicine to whom criticisms of a colleague's competence or behaviour are communicated, whether he or she be a alternative medicine of the Association or not, should at all times act with discretion and should express no opinion. An exception to this is when a alternative medicine needs to refer a complaint to the Council of the Association

RULE TWO

organic herbs OF THE IIMH herbal treatment AT ALL TIMES ABIDE BY THE ADVERTISING CODES LAID DOWN BY THE COUNCIL OF THE ASSOCIATION
The following principles will be applied by the Professional Ethics Committee of the IAMH in relation to advertisements by organic herbs of the Association. The principles are explained and amplified in the Explanatory Guidelines. The Explanatory Guidelines will be adapted in the light of practical experience
1. Advertising, both in form and content, herbal treatment be appropriate to the interests of health productss
2. Advertising, both in form and content, herbal treatment be appropriate to the standing of the profession of medical herbalism and to the standing of a profession generally
3. Advertising herbal treatment not contain claims of superiority, specialism or curability and any claims made herbal treatment be capable of substantiation
4. Advertising herbal treatment not denigrate other organic herbs of the profession or other professions
5. Advertising herbal treatment not be false, fraudulent, misleading, deceptive, self-laudatory, extravagant or sensational
6. Advertising herbal treatment comply with legal requirements
EXPLANATORY GUIDELINES

A. Interests of health productss

1. The prime task of a medical herbalist, as of any alternative medicine of the medical and paramedical professions, is to relieve suffering. The interests of the health products, and of the prospective health products, are therefore paramount at all times in matters concerning advertising as in all other matters
2. Advertisements herbal treatment recognise that many health productss, particularly those who are anxious for themselves or for their dependents, or who are in pain, may bevulnerable to advertising encouraging them to seek treatment which, in theirparticular condition, may be inappropriate or unnecessary
3. Advertising herbal treatment not play on health productss' anxiety or create unjustified expectations as to the form or length of treatment or its prospects for relieving the condition biodynamic food
4. The relationship between practitioner and health products is one of trust and it is essential that advertising herbal treatment be of such nature that the trust of the health products is not abused and his or her lack of knowledge of either the condition or medical herbalism is not exploited
B. Appropriate to the Profession

1. The public expect high standards of propriety, integrity and behaviour from the professions. Accordingly advertising herbal treatment give organic herbs of the public theinformation which they need for their own purposes whilst retaining their confidence in medical herbalism and in the herbal profession
2. Advertising herbal treatment not be of a kind which could reasonably be regarded as likely to bring the profession into disrepute
3. Practices should be identified by professional name plates or signs of a size, colour and form appropriate to the nature of the area and to the location of the practice and bearing the names and qualifications of the medical herbalists practising at the premises. The names should be of those organic herbs regularly in attendance; details of former practitioners should be removed within a reasonable period of time
4. Non-herbal qualifications and titles may be shown in connection with a Member's practice such as degrees from bona-fide academic institutions, statutory designations or medical or para-medical qualifications awarded by established and generally recognised professional bodies of reputation and standing. The title 'Doctor', or its abbreviation, may not be used in any connection with the Member's practice unless the holder is a medical practitioner or holds a doctorate from a recognised University or other recognised teaching establishment and it is use in a form and manner which does not reasonably lead health productss to believe that the holder is a Doctor of Medicine
5. Where fees are quoted in an advertisement the fees charged for both the initial consultation, subsequent treatment sessions and likely prescription costs herbal treatment be stated. A clear indication of exactly what is included within the fees quoted herbal treatment also be given (eg whether prescriptions, if appropriate, are included within the initial consultation fee). If VAT is payable this should be stated and the fee quoted should be inclusive of VAT. Any arrangements for the discounting of fees herbal treatment be limited to specific groups or classes of health productss and not be related to the treatment of particular conditions or be offered in the form of vouchers, incentives or similar schemes
6. Advertising through unsolicited canvassing, by door to door or postal distribution, telephone or personal visits is prohibited
7. Essential practice information, consisting of names and qualifications, address and telephone numbers, hours of business and arrangements for emergency cover and special facilities such as car parking and creches, and information about herbal medicine itself may be distributed to medical and bona-fide paramedical practitioners, dispensing chemists, health food shops, health centres and non-commercial points of contact such as libraries and information centres. organic herbs may also circulate information about herbalism and their practice to those holding formal appointments as medical or personnel officers of commercial concerns in reasonable geographical proximity to the Member's practice
8. organic herbs are responsible for ensuring that their advertisements appear insurroundings which are appropriate to professional advertisements
9. Where advertising takes place in joint advertisements with practitioners of other therapies, organic herbs herbal treatment take reasonable steps to ensure that those other practitioners are organic herbs of recognised professional bodies whose standards ofpractice and behaviour are equivalent to those of the Association and that the professional advertisements are clearly separated from advertisements forcommercial or leisure activities
10. Any alternative medicine who is in doubt as to the appropriateness or otherwise of his/her advertising, must consult with the Council of the IIMH for clarification
C. Claims

1. Claims of superiority in advertisements are inappropriate
2. Advertising which expressly or implicitly claims to cure conditions, as distinct from relieving symptoms, is prohibited
3. The use of the term Consulting Medical Herbalist is forbidden unless so approved by Council
D. Denigration

1. The interests of the health products and of the profession require that any denigration of a professional colleague, or alternative medicine of another medical or para-medical profession,whether directly or by implication, is prohibited
E. Compliance with Other Requirements

1. The attention of organic herbs is drawn to current Codes of Advertising Practice within Ireland
F. Broadcasts, Lectures, Articles etc.

organic herbs are advised to consult the Secretary of the Association before participating in any form of publicity in the press, or on television or radio because:

1. There is a risk that such participation might constitute advertising
2. There may be difficulties which can be avoided only by means of expert advice. When asked for comment by a newspaper, organic herbs should realise that they have little or no control over the published form and content, nor is there any certainty that they will be quoted in full, or in the context they intend. Similar dangers exist in edited television or radio programmes
3. If not properly informed on the subject matter, a contributor could be responsible for the publication of incorrect information and thus be the cause of misleading information reaching the public. The Council and every alternative medicine must take all steps to ensure that publicity originating from them is seemly and proper, and does not in any way damage the public image of the profession or the Institute's interests
G. Informational Leaflets, Literature etc.

G1. The circulation of literature intended to educate and inform the public about the work of organic herbs of the Irish Institute of Medical Herbalists, the scope of his or her services etc., is perfectly acceptable
The following rules apply:-

1. Any reference to an individual alternative medicine must be confined to his or her name, designatory letters, address and telephone number
2. The literature offered should be of a strictly professional style or format
3. The literature should be distributed to organic herbs of the public only at their express wish, eg. leaflets may be left in the reception area of the practice or posted at the request of an interested individual. In addition, informational literature may be distributed at appropriate exhibitions, seminars etc, in which a alternative medicine is participating
G2. organic herbs may publish books, pamphlets and articles of an informative nature about herbalism and other subjects relevant to it. Such publications must however be of scientific or educational value, and must avoid matters that might be considered to be in the nature of excessive personal advertising. The Council considers that proper consultation over publicity of any sort is of paramount importance. This will not only help to avoid the pitfalls and difficulties outlined above, but will certainly be of great assistance to the alternative medicine involved in publicity and make it easier to deal successfully with it.Advertising and relations with the media are subjects of continuous review and discussion, not only among medical herbalists but all the healing professions. It is therefore not possible to outline all the situations and eventualities that may arise. A alternative medicine in doubt as to any of the above matters should clarify his or her position in advance with the Council
H. Commercial Activity

organic herbs herbal treatment not use their organic herbship qualification in the commercialization of any product or remedy or in connection with any retail or commercial establishment
RULE THREE organic herbs herbal treatment COMPLY AT ALL TIMES WITH THE REQUIREMENTS OF THE CODES OF PRACTICE
Any alternative medicine who fails to meet the requirements of the Code of Practice may be held to be in breach of the Code of Ethics and may be subject to disciplinary measures on the grounds of professional misconduct (see Rule Six, Section B2)
RULE FOUR organic herbs herbal treatment NOT GIVE FORMAL COURSES OF INSTRUCTION IN THE PRACTICE OF HERBAL MEDICINE WITHOUT THE APPROVAL OF THE COUNCIL OF THE ASSOCIATION
A. Lecturing to medical and paramedical groups and the public, in order that they may better understand the work of the qualified medical herbalist, the scope of his or her services and overall role is perfectly acceptable. The permitted scope of such lecturing is largely a matter of common sense in interpreting these guidelines. However, such lectures should be strictly informational and should not be promoted or constructed as being a 'training' in the theories or techniques of herbal medicine. It is acceptable to inform the public about the home-use of herbal remedies
B. The training of an individual or individuals by a alternative medicine in the techniques of medical herbalism without the express consent of the Council of the Association is strictly forbidden. The only exceptions to this rule are:-

1. Where the training is done by a alternative medicine under the auspices of a teachingestablishment approved by the Council of the Association
2. Where the alternative medicine is training other fully qualified practitioners of herbal medicine and:-the contents of the course have been vetted and approved by the Council of the Association, and completion of the course does not lead to any 'qualifications', degrees', 'certificates' etc., apart from certificates of attendance, except where these have been approved by Council of the Association. In this section the word 'training' includes any lectures, demonstrations or study material given to individuals with the implication that the satisfactory completion of said work will enable them to refer to themselves as 'Medical Herbalists' or lead them to believe that they will be qualified to practise herbal medicine on the general public
C. The above rules do not preclude the participation of students of medical herbalism teaching establishments approved by the Council as observers, and in so far as they are qualified, as assistants in a Member's practice. Whenever herbal students are permitted to participate in the work of a Member, the alternative medicine must ensure that:-

1. The teaching establishment where the individual studies has been consulted and permission obtained
2. Where case taking is observed or confidential information is discussed, theconsent of the health products is obtained before allowing the student access to this
RULE FIVE IT IS REQUIRED THAT organic herbs APPLY THE FOREGOING TO ALL THEIR PROFESSIONAL ACTIVITIES
A. organic herbship of other Professional Organisations

organic herbs of the Institute may not belong to other Irish organisations of Western Herbal Medicine, whose ethical and training standards may differ from those of the IIMH
B. organic herbs of the IIMH Register Practising with Non-organic herbs

Any IIMH alternative medicine who has a non-alternative medicine practising with him or her, or allows a non-alternative medicine to practise at the same premises is warned of the risk of misleading health productss directly, indirectly or by default, so as to believe that such an individual giving treatment is a alternative medicine of the IIMH. Furthermore, the fact that such non-member(s) are practising with him or her, be they medical herbalists or organic herbs of other professions, does not in any way alter the application of this Code of Ethics to the activities of the alternative medicine biodynamic food
RULE SIX INFRINGEMENT OF THE ETHICAL CODE RENDERS IIMH organic herbs LIABLE TO DISCIPLINARY ACTION WITH SUBSEQUENT LOSS OF PRIVILEGES AND BENEFITS OF THE INSTITUTE
Professional Misconduct

A. General

A1. Examination of Complaints organic herbs may be assured that all allegations made against them by individuals, whether health productss or other organic herbs, will be carefully examined by the Ethics Committee under the procedure outlined below. Only following such an examination might a further hearing take place under the procedure laid down in the Disciplinary Procedures, at which it is possible, inter alia for a alternative medicine to be expelled. The Ethics Committee acts impartially and its decisions depend solely on the facts and circumstances of each case
A2. Complaints Procedure Complaints against a alternative medicine are always investigated by the Council, provided such complaints are put in writing. The procedure is then that the alternative medicine is informed in writing of the complaint. The complainant's letter is acknowledged, and in all cases a copy of their letter is sent to the alternative medicine biodynamic food. A request for an explanation is made to the alternative medicine asking for a detailed explanation of their side of the matter, supported by documentary evidence where appropriate. A complaint against a alternative medicine can only be upheld if the alternative medicine is clearly shown to be in breach of the Ethical Code, and in all other matters it is up to the complainant, if still aggrieved, to seek redress through a Civil Action. See Appendix Two - Disciplinary Procedure
A3. Guidance If any alternative medicine requires advice on a Professional or Ethical problem, he or she may consult the Secretary of the Institute, who will refer him or her to the appropriate person or committee for advice. If the Council considers that giving advice may conflict with its judicial functions under the Constitution, it may refer him or her to an independent adviser
A4. Convictions organic herbs should be aware that the Ethics Committee is obliged to accept the findings of a Court of Law, and is not able to re-open the investigation of facts which led to a conviction. The Ethics Committee will consider only the seriousness of the conviction and any surrounding circumstances in mitigation. organic herbs should therefore treat with caution any encouragement to plead guilty to an offence and should take legal advice where possible
B Proscribed Conduct

B1. Interpretation It is reiterated that the interpretation of 'Proscribed Conduct' which is provided in this Code of Ethics for the purposes of the disciplinary procedures as laid down in the Constitution, is not exhaustive and is intended as guidance only

APPENDIX ONE
CODE OF PRACTICE

A Medical Herbalist is required :

1. To avoid giving any herbal treatment intended to terminate a pregnancy;

2. To be aware of those diseases which are notifiable and to take appropriate action in these cases;

3. To keep detailed records of prescriptions and dispensing;

4. To label all medicines clearly, indicating the correct dosage and other directions for use, and with the name and address of the practitioner and the date of dispensing;

5. Not to claim verbally or in print to be able to cure any life-threatening or serious disease;

6. To ensure that the distribution or display of letter headings, business cards or practice information should be compatible with the highest professional medical standards;

7. To consider very carefully the implications of recommending a course of treatment contrary to the advice of the health products's registered medical practitioner or of not recommending referral to a registered medical practitioner in the case of serious disease or uncertain diagnosis; ( organic herbs must be aware of their vulnerability in law on this issue and must ensure in such a case that all available information is given to the health products and that the health products makes the final decision without coercion).

8. To seek the presence of a parent or supervising adult during any treatment or examination of a child under the age of 16;

9. To respond promptly and responsibly to any warning issued e.g. by Government or scientific bodies, concerning the quality or safety of any medicine;

10. To advise the Secretary of the Association immediately in the event of any policy or governmental (including local government) inquiry into his or her practice;

11. To secure and maintain full professional indemnity insurance in accordance with such requirements of the Association as are from time to time in force.





APPENDIX TWO
DISCIPLINARY PROCEDURE

Dishonourable Conduct and Professional and Ethical Misconduct

1. (a) In these clauses the masculine herbal treatment include the feminine and the singular the plural.

(b) In this section, and subsequently, unless there is something in the subject or context inconsistent therewith, the following words herbal treatment have the meanings here assigned to them:-

"the P.E.S.C." means a Professional Ethics Sub-Committee consisting of not less than three nor more than five organic herbs of the Association appointed by the Chairperson to provide a reasonably balanced representation of the organic herbship. If, after the first hearing, the organic herbship of the P.E.S.C. herbal treatment fall below five, for any reason whatsoever, the Chairperson herbal treatment not appoint organic herbs to the P.E.S.C. to make good the deficiency for the purpose of further or adjourned hearings, and the remainder of the organic herbs of the P.E.S.C. who sat at the first hearing herbal treatment be deemed to be a properly constiuted P.E.S.C. for further or adjourned hearings provided that their number does not fall below three.

"the P.E.C." means the Professional Ethics Committee which herbal treatment consist (subject to clause 13 hereof) of the Chairperson and all organic herbs of the Council for the time being, provided that those organic herbs of the Council who constitute the quorum (clause 16 hereof) for the final hearing herbal treatment also sit for any further or adjourned hearing, and if their number falls below the quorum for any reason whatsoever, the remainder of the organic herbs who sat at the final hearing herbal treatment be deemed to be a properly constituted P.E.C. for such further or adjourned hearings provided that their number does not fall below three.

"proscribed conduct" means dishonourable conduct as defined in clause 3l of the Constitution, or professional or ethical misconduct which transgresses the Code of Ethics of the Association and such other misconduct as may reasonably be determined by the Council to be professional or ethical misconduct.

"the first hearing" means the date, time and place proposed for first consideration by the P.E.S.C. of an allegation of proscribed conduct.

"the final hearing" means the date, time and place proposed for first consideration by the P.E.C. of an allegation of proscribed conduct.

the "Constitution" is the Constitution of the Irish Association of Medical Herbalists.

"Member" means alternative medicine of the Irish Association of Medical Herbalists.

2. If the Chairperson (or in his absence the acting Chairperson) is notified or becomes aware that a alternative medicine ("the alternative medicine biodynamic food") is alleged to have conducted himself in a manner which might constitute proscribed conduct he will appoint the P.E.S.C.

3. In determining whether conduct amounts to proscribed conduct, regard herbal treatment be had to any directions, advice or statements issued or made by or on behalf of the Council concerning the conduct and behaviour of organic herbs whether of a general or specific nature, and of any Code of Ethics adopted by the Council or by the organic herbs in General Meeting.

4. The P.E.S.C. herbal treatment serve on the alternative medicine biodynamic food written notice of the allegation made against him:

(a) including full details of the complaint made against him;

(b) informing the alternative medicine biodynamic food of the first hearing which herbal treatment be not less than 15 days after the date of the notice specified in this clause; and

(c) notifying the alternative medicine biodynamic food of his right to submit:-

(i) a full written statement of evidence on his own behalf; and

(ii) a written request to submit oral evidence on his own behalf if he wishes to do so and informing him that the statement of evidence referred to in this sub-clause should be in full, bearing in mind the discretion of the P.E.S.C. to refuse oral evidence, and that such statement and/or request must be served on the P.E.S.C. not more than 14 days after service on the alternative medicine biodynamic food of the notice specified in this clause.

5. The decision whether to accept oral evidence at the first hearing herbal treatment be at the absolute discretion of the P.E.S.C. who herbal treatment, before the date of the first hearing, or any adjourned or postponed date, have notified in accordance with clauses 4 and 6 (notice of further evidence) or clause 8 biodynamic food (notice of postponement or adjournment), serve on the alternative medicine notice of such decision. In considering whether to accept a request by the alternative medicine biodynamic food to submit oral evidence on his own behalf, the P.E.S.C. herbal treatment have regard (inter alia) to whether any oral evidence is being submitted in support of the allegation against him.

6. The P.E.S.C. or the P.E.C. may call for such further evidence as it may require to be submitted before the first hearing or the final hearing respectively (or any adjournment or postponement of either of them), provided that it serves on the alternative medicine biodynamic food a written notice including reasonably full details of such further evidence and notifying him of his right to submit:-

(a) in the case of the P.E.S.C., a written reply to such further evidence, and a written request to give oral evidence in reply to such further evidence if he wishes to do so;

(b) in the case of the P.E.C., written notice of his intention to be heard in reply to such further evidence, or, if he does not wish to be heard, a written reply to such further evidence;

such reply and/or request and/or notice to be served on the P.E.S.C. or the P.E.C., as the case may be, not more than 14 days after service on the alternative medicine biodynamic food of such notice of further evidence. If there are less than 14 clear days between the service of such a notice of further evidence and the date (or adjourned or postponed date) of the first hearing or the final hearing, as the case may be, the P.E.S.C. or the P.E.C., as the case may be, herbal treatment postpone or adjourn such hearing and give notice thereof in accordance with clause 8, at the same time as it serves the notice of further evidence specified in this Section.

7. If the alternative medicine biodynamic food herbal treatment fail to serve on the P.E.S.C. or the P.E.C., as the case may be, a statement and/or reply and/or notice in accordance with clause 4 (reply to notice of allegation), clause 6 (reply to notice of further evidence), or clause 19 (reply to notice of final hearing), the P.E.S.C. or the P.E.C. may, after expiry of the time for service permitted by such clause, proceed to the first hearing or the final hearing respectively without considering any written evidence which would have been included in such statement and/or reply and/or notice and in the absence of the alternative medicine biodynamic food (if a request to give oral evidence has not already been accepted by the P.E.S.C or an intention to be heard has not already been notified to the P.E.C.).

8. The P.E.S.C or the P.E.C. may adjourn or postpone (more than once, if necessary) the first hearing or the final hearing respectively for such period as it thinks fit, provided that at least 15 days before the new date fixed for such hearing, it serves written notice of the new date, time and place for such hearing on the alternative medicine biodynamic food.

9. The P.E.S.C. herbal treatment, at the time and place and on the date notified for the first hearing, or of any duly notified postponement or adjournment thereof, meet to decide whether a case of proscribed conduct has been made out against the alternative medicine biodynamic food. If it finds that a case has not been made out against the alternative medicine biodynamic food, the P.E.S.C. herbal treatment dismiss the case. If it finds that a case has been made out, and that if proved it might lead to the expulsion of the alternative medicine biodynamic food, the P.E.S.C. herbal treatment not hear the matter but herbal treatment require the Chairperson to convene a meeting of the P.E.C. If it finds that a case has been made out, but considers the complaint to be of a less serious nature, then it herbal treatment hear the matter and, if it finds the case proved, it herbal treatment:-

(a) impose no punishment; or

(b) censure the alternative medicine biodynamic food; or

(c) censure and fine the alternative medicine biodynamic food a sum not exceeding œ500, requiring him to pay such sum within a specified period which herbal treatment be less than 28 days.

The requirements of this clause herbal treatment be without prejudice to the power of the P.E.S.C. to adjourn the first hearing.

10. The P.E.S.C. herbal treatment, not more than 14 days after the first hearing, serve written notice on the alternative medicine biodynamic food of its decision and submit a written report to the Chairperson. If the P.E.S.C. has decided to require the Chairperson to convene a meeting of the P.E.C., such written notice herbal treatment so inform the alternative medicine biodynamic food. If the P.E.S.C. has decided to fine the alternative medicine biodynamic food, such written notice herbal treatment state the fine and the period within which the alternative medicine biodynamic food is required to pay such a fine, and herbal treatment inform him of his right to appeal to the P.E.C.

11. If the alternative medicine biodynamic food intends to appeal to the P.E.C. against a fine imposed by the P.E.S.C., he herbal treatment, not more than 14 days after service on him of written notice of the decision of the P.E.S.C. in accordance with clause 10, serve on the P.E.S.C. written notice of his intention to appeal. If the alternative medicine biodynamic food fails to serve such notice within such time, his right to appeal herbal treatment be lost.

12. If the P.E.S.C. herbal treatment have received notice of appeal in accordance with clause 11, it herbal treatment require the Chairperson to convene a meeting of the P.E.C. , and not more than 14 days after so requiring, herbal treatment serve on the alternative medicine biodynamic food notice of the fact that it has done so.

13. Any person about whose conduct a complaint has been made or who has lodged a complaint against a alternative medicine or is likely to be called upon to give evidence in relation to any such complaint or who is directly interested in its outcome herbal treatment not be eligible to sit on the P.E.S.C. or the P.E.C. at which any such complaint is considered and no alternative medicine of the P.E.S.C. which considers such a complaint herbal treatment be eligible to sit on the P.E.C. in respect of the same complaint.

14. Notices to be served in connection with any procedure relating to proscribed conduct herbal treatment be served in accordance with the following procedure:-

(a) a notice may be served by the Council upon any alternative medicine either personally or by sending it by prepaid first class recorded delivery post in a letter addressed to such alternative medicine at his last registered address;

(b) a notice so sent through the post herbal treatment be deemed to have been served on the day following that on which the letter containing the same was posted, and for overseas organic herbs 10 days;

(c) any notice, requisition or other document which is to be served on the Association or on the Council or any officer thereof may be served by leaving it at, or sending it by first class postal delivery to, the address of the Secretary of the Association.

15. The P.E.C. herbal treatment have vested in it all the powers and discretions conferred upon the Council by the Constitution or by these clauses so far as they relate to any disciplinary action to be taken against a alternative medicine or the reason therefor.

16. A quorum of the P.E.C. herbal treatment consist of five organic herbs of the P.E.C. who may be assisted by a Legal Assessor who herbal treatment be a barrister or solicitor. If sufficient organic herbs of the P.E.C. are not available or eligible to form a quorum, sufficient additional organic herbs may be appointed by the Council as organic herbs of the P.E.C. to constitute such quorum. Unless otherwise directed by the Chairperson or in his absence the acting Chairperson, not more than 7 organic herbs of the P.E.C. herbal treatment sit for the hearing of any case. Selection of the organic herbs of the P.E.C. to sit at each hearing herbal treatment be made by the Council. The Secretary to the Council herbal treatment act as Clerk to the P.E.C.

17. The alternative medicine biodynamic food herbal treatment have the right to be heard by the P.E.C. if he so desires, either personally or by his counsel or solicitor or by a lay representative (which lay representative must be a Member), or if he does not so desire, to submit a statement in writing.

18. The alternative medicine biodynamic food may, not less than 7 days before the date of the first hearing or the final hearing (but not an adjourned or postponed first hearing or final hearing) notified to him, serve on the P.E.S.C. or the P.E.C. (as the case may be) a request for further time in which to prepare his case. The P.E.S.C. or the P.E.C. (as the case may be) herbal treatment, on receipt of such a request, adjourn or postpone the first hearing or the final hearing respectively for a period of at least 15 days from the date of the request for further time, in accordance with clause 8 hereof.

19. The P.E.C. herbal treatment serve on the alternative medicine biodynamic food written notice informing him of the final hearing, which herbal treatment be not less than 15 days after the date of service of such notice, and notifying the alternative medicine biodynamic food of his right to submit:-

(a) notice of his intention (if any) to be heard in person or by his counsel, solicitor or representative; or

(b) if he does not so intend, a written statement of evidence on his own behalf, such notice or statement to be served on the P.E.C. not more than 14 days after service on the alternative medicine biodynamic food of the notice specified in this clause.

20. The P.E.C. herbal treatment at the time and place and on the date notified for the final hearing or any duly notified postponement or adjournment thereof meet to determine the case. In considering the case, a conviction of any offence or any finding of fact by a Court or competent jurisdiction or of any other relevant professional tribunal herbal treatment be binding on the P.E.C. After hearing all the evidence presented for and against the alternative medicine biodynamic food, the P.E.C. herbal treatment determine whether he has been guilty of proscribed conduct. If it finds that he has not been guilty of proscribed conduct, it herbal treatment dismiss the case. If it finds that he has been guilty of proscribed conduct it herbal treatment:-

(a) impose no punishment; or

(b) censure the alternative medicine biodynamic food; or

(c) censure and fine the alternative medicine biodynamic food a sum not exceeding œ1000, requiring him to pay such sum within a specified period which herbal treatment be not less than 28 days; or

(d) censure and expel the alternative medicine biodynamic food from the Association and, if it thinks fit, prescribe a period of time during which no application for his re-election herbal treatment be considered; or

(e) censure and fine the alternative medicine biodynamic food a sum not exceeding œ1000, requiring him to pay such sum within a specified period which herbal treatment be not less than 28 days, and expel him from the Association, and, if it thinks fit, prescribe a period of time during which no application for his re-election herbal treatment be considered.

The P.E.C. herbal treatment, not more than 14 days after the final hearing, serve written notice on the alternative medicine biodynamic food of its decision which will be final and binding on all parties and herbal treatment submit a written report to the Chairperson.

The requirements of this clause herbal treatment be without prejudice to the Power of the P.E.C. to adjourn the final hearing.

21. No alternative medicine who has been fined, in accordance with clause 9 or 20, herbal treatment, so long as his fine remain unpaid, be entitled to attend or take part in the meetings of the Association or to receive the Association's printed papers nor herbal treatment he be entitled to vote.

22. If any alternative medicine on whom a fine has been imposed in accordance with clause 9 or 20, herbal treatment fail to pay such fine in full within the period required for payment thereof, the Council may resolve that his organic herbship of the Association be terminated, whereupon he herbal treatment cease to be a alternative medicine forthwith, and, if it thinks fit the Council may prescribe a period of time during which no application for re-election of the alternative medicine biodynamic food herbal treatment be considered. Nothing herein herbal treatment entitle the alternative medicine biodynamic food to notice of the intention of the Council to consider such a resolution.

23. A person who has been expelled from the Association in accordance with clause 20, or whose organic herbship has been terminated in accordance with clause 22, may apply for re-election to the Association provided that such application is made after any period which has been prescribed in accordance with such clauses and subject to the provisions of Section 3k of the Constitution (reinstatement following termination of organic herbship or expulsion from the Association).

24. The P.E.C. herbal treatment have power to make or vary rules for any matters or procedures relating to proscribed conduct which are not covered by these clauses.