Professional Ethics and Legal Responsibilities in Chinese Medicine Practice

By Dr Luke McPherson (TCM)

Acupuncture, TCM, Crows Nest

As practitioners of Traditional Chinese Medicine (TCM), we work at the intersection of ancient wisdom and modern healthcare expectations. In Australia, our responsibilities extend beyond the treatment room—we are bound by legal, regulatory, and ethical frameworks that safeguard both patient welfare and public trust in the profession.

This blog reflects on three key areas of professional development—professional conduct, ethics, and legal compliance—and provides a framework for practitioners to integrate them into daily practice.

1. Professional Conduct: Building Trust Through Transparency

Professional conduct is the cornerstone of effective therapeutic relationships. Patients come to us often in vulnerable states, seeking relief from pain, fertility support, stress management, or chronic illness. Maintaining trust requires:

• Clear communication: Avoiding jargon, ensuring informed consent, and respecting a patient’s right to decline treatment.

• Professional boundaries: Establishing safe, appropriate therapeutic relationships without personal, financial, or emotional conflicts of interest.

• Cultural sensitivity: Recognising Australia’s multicultural population, including Aboriginal and Torres Strait Islander communities, and respecting diverse worldviews around health and healing.

Reflective practice—asking ourselves “Would my actions build or erode trust if observed by a colleague, regulator, or the public?”—helps guide decisions.

2. Ethics: Balancing Tradition with Modern Responsibilities

Ethics in TCM practice is not simply about adhering to rules—it’s about embodying principles of integrity, beneficence, and non-maleficence (to “do good” and “do no harm”). Key ethical challenges include:

• Claims and outcomes: Patients often ask whether acupuncture or Chinese herbal medicine can “cure” a condition. Practitioners must resist overstating outcomes. Evidence-based explanations and honest communication align with both ethical practice and AHPRA advertising guidelines.

• Integration with biomedical care: Respecting patients’ choices to use integrative approaches and communicating safely with other healthcare providers without overstepping scope of practice.

• Confidentiality: Upholding strict privacy of health records in line with the Privacy Act 1988 (Cth) and AHPRA’s Code of Conduct.

Ethics is dynamic, it requires ongoing reflection as new therapies, evidence, and societal expectations emerge.

3. Legal Issues: Understanding Our Obligations

All registered Chinese medicine practitioners in Australia are regulated under the Health Practitioner Regulation National Law (NSW and national variations). Common legal considerations include:

• Informed consent: Practitioners must obtain valid, informed consent before beginning treatment, ensuring patients understand risks, benefits, and alternatives.

• Record keeping: Accurate, timely, and secure documentation is not only a legal requirement but also vital for continuity of care.

• Advertising restrictions: Under AHPRA’s advertising guidelines, practitioners must avoid false, misleading, or deceptive claims, particularly around “guaranteed results,” testimonials, or claims of superiority.

• Scope of practice: Practitioners must not provide services outside their competence or training. For example, diagnosis of medical conditions that fall strictly under medical practitioners must not be claimed.

Remaining up-to-date with these obligations ensures we protect both patients and our professional standing.

4. Professional Development: Reflection and Growth

Engaging with ethics and legal issues is not a “tick-box” exercise; it is a form of ongoing professional development. Practical steps to embed these learnings include:

• Scheduling regular review of AHPRA and CMBA standards.

• Participating in peer discussion groups or case reviews on ethical dilemmas.

• Documenting reflections on challenging cases as part of CPD records.

• Seeking mentorship or supervision to strengthen ethical decision-making.

By embedding ethics and legal awareness into daily practice, practitioners not only safeguard compliance but also enhance their reputation as trustworthy healthcare providers.

Conclusion

Professional development in ethics and legal responsibilities is vital for TCM practitioners working in Australia today. It allows us to integrate ancient traditions into a modern healthcare system with integrity and accountability. When we uphold these principles, we strengthen patient safety, protect our profession, and contribute to the growing legitimacy of TCM in Australia.