Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-06 | 370-378
Review Article
Ghana Healthcare System and Practising Medicine Without Authority: Is Cross System Medical Practice Acceptable?
Prof. Raphael Nyarkotey Obu
Published : June 11, 2021
Abstract
Interestingly, while some hospitals and clinics are now putting out banners for integrative medicine and offering herbal medicines, naturopathy, acupuncture, massage, nutrition, and other treatments, they are doing so without being taught about them in medical schools as part of an integrative model for medicine. In the book, Criminal Law in Ghana by P. K Twumasi, P. 585, he tackles practising medicine without authority: It reads: “A person commits an offence and is liable to a fine not exceeding C1,000 or to imprisonment for a term not exceeding twelve months or both if he willfully and falsely takes or uses any name, title, addition or description evidently implying a qualification to practice medicine or dentistry, or without being registered under N.R.C.D. 91: (a) practises or professes to practise or publishes his name as practising medicine or dentistry or b) receives any payment for practising medicine or dentistry. This offence is created under section 48(1) of the Medical and Dental Decree (N.R.C.D. 91), and is a wholesale reproduction of section 20 of the Medical Practitioners and Dentists Ordinance, Cap. 69 of the Gold Coast. Mens rea is an essential element of the offence and therefore where a person accused honestly believed that he was entitled to use or assume any name or title, etc., he does not commit an offence under the decree: Commissioner of Police v. Wonkyi [13] 2 W.A.L.R. 196[16]”. In view of this, where integrative medicine is also being promoted, there is the need to assess the legal implications. The question for discussion and research is whether cross-system medical practice is permitted by law in Ghana?