Journal of college of Law for Legal and Political Sciences

Abstract

ABSTRACT :
The use of traditional medicine during this century has witnessed widespread popular demand, and many private or public centers are currently offering traditional treatments. At the same time, many users and researchers called to frame the use of this medicine within a specific legal professional framework. Especially with the lack of this medicine to scientific and clinical evidence that prove its efficiency and effectiveness. As well as the risks that may accompany its practice, since it relies on natural sources to provide its treatments. Which opens the way for increased cases of misuse of these treatments by practitioners.
In general, medical boards exclusively decide, through application of health laws, the disciplinary liability of licensees for their offenses based on the provisions of the laws of practice or medical liability. The decision on the side of civil and criminal liability for such offenses and other cases of malpractice shall left to other laws by jurisdiction. However, some of these councils considered the practice of doctors for traditional medicine to be a matter of malpractice and required disciplinary liability.
Although the definition of medical work in health legislation did not restrict a practitioner to a particular therapeutic method. We therefore suggested that medical boards should include traditional medicine practices within the concept of medical work to frame the legal performance of such practices. In light of this, the requirement from doctors should have entered to professional organization of traditional medicine and adherence to its standards of practice.
As for the Iraqi position, we believe that professional reform should focus on developing a policy for the practice of traditional medicine. First, these types of medicine should organized independently from the practice of modern medicine. After professional organization of practice this medicine, legal reform undertakes the task of transitioning to the independent legislative organization of traditional medicine. Where the current legislation of traditional treatments has been weak because of the absence of a professional role, and thus the control of framing the limits of practice these treatments. Thus, current regulatory provisions is inadequate to face malpractice cases of these treatments.