
Today sees the long awaited launch of the government backed Ofquack, better known in some circles as the Complementary and Natural Healthcare Council (CNHC). Ofquack is the "national voluntary regulator for complementary healthcare practitioners" and was set up by Prince Charles' Foundation for Integrated Health and funding from the Department of Health. You can find their sparkly new website at
http://www.ofquack.org.uk/.
It has been quite a long road getting here. The quackometer reported on the newly emerging regulator's woes this time last year when I described it as a
dead duck. The CNHC had grand ambitions to be the one-stop-shop regulator for all complementary therapists - a single register that the public can check to see if their chosen quack professional was 'legit'. The House of Lords, in a 2000 report, said that such a move was desirable. It has been a dismal failure.
The reasons for this are many, but principally stem from t
he daft decision by the Department of Health to put the set-up of the new body in the hands of Prince Charles. This is a man with a blind faith in all sorts of wooly alternative health ideas and no critical ability to appraise the problem rationally. His sycophants have assured that Ofquack has been set up so that it presents little challenge to his beliefs.So, Ofquack is not quite dead, but it is moribund. They state that their
aim for 2009 is to register 10,000 practitioners. My guess is that they will achieve a tenth of that. Of all the forms of quackery that were supposed to be regulated by the CNHC only massage therapy and nutritional therapy are included in the fold. The other large quack trades, such as homeopathy, aromatherapy, reflexology and reiki have not been cooperative and enthusiastic in their wish to be regulated. The homeopaths, for example, have
flatly refused to take part and their current fake regulatory bodies, such as the Society of Homeopaths, are desperately trying to be seen as their own effective regulators - a role they
fail dismally at.
So, will the massage therapists and nutritional therapists flock to the fold of Ofquack? Well, massage therapy is a small trade - it does not include the vast majority of massagers that you might find in luxurious hotels, sports centres, or dodgy rooms above a betting shop in the less salubrious suburbs of Birmingham. Massage therapists are the massagers left over who somehow believe that a good rub down can clear your body of toxins or something. Not a happy ending.
What of the nutritional therapists? I somehow doubt they will be rushing to join. They stand to lose a great deal by being independently regulated. Currently, their own regulator BANT allows them to get away with all sort of sharp practice. BANT
changed their code of practice under pressure from Vitamin pill companies to allow BANT members to take kick backs on the sale of pills. This is a cosy and profitable arrangement that I am sure would be threatened if Ofquack decided to apply some more ethical standards to their registrants. Nutritional therapists also make money from dodgy diagnostic tests, such as fake allergy testing and
hair mineral analysis, which has been described by the American Medical Association as "an unproven practice with potential for health care fraud." I am sure practitioners would wish to stay with a 'regulator' who is in on the scam.
So, even if some quacks decide to join so that they can use the new 'kite mark' on their advertising, will Ofquack work? I doubt it. The central problem is that the Complementary and Natural Healthcare Council appear to be horribly confused about what they are supposed to be protecting the public from.
Today, one of the chairs of the CNHC said on the BBC web site (
Alternative therapy 'crackdown') that Ofquack would "would clean up the industry used by one in five people." She "estimated thousands of clinics may go out of business in the process." (See Maggie Dunn talk about Ofquack
here).However, the BBC were quick to point out the flaw here when they said "It will not judge clinics on whether therapies are effective, but rather on whether they operate a professional and safe business." However, there is an inherent contradiction here that you cannot assess if a therapy is 'professional and safe' if you do not also take into account if the therapy is effective. And here we have the fatal flaw in the whole idea of the Complementary and Natural Healthcare Council.
Let's imagine a few scenarios. Someone complains to Ofquack that a nutritional therapists is using hair mineral analysis to diagnose 'mineral deficiencies' and using this as a basis of selling huge numbers of expensive supplements and then is taking a kick back on the sales in the form of commissions. Hair mineral analysis does not diagnose dietary deficiencies. The whole basis of the transaction is fraudulent and yet is very common in nutritionist circles. What would Ofquack do? They would probably consult their therapy specialists who advice them if such a practice was within the training of a therapist. And the answer would be 'yes'. Patrick Holford's Institute of Optimum Nutrition in London
trains students in such dodgy practices. The course is underwritten by the
University of Bedfordshire. Is the practice safe? Well no direct harm has occurred, although the indirect harm is that someone believes their diet is deficient when it probably is not, and they are left with the belief that they have to buy 'specially formulated' vitamin and mineral supplements to avoid dreadful health effects. Could Ofquack protect the public from these dubious practices without asking 'is the therapy effective'?
A second scenario - based on real life. A customer is brain damaged by a nutritional therapist who told their customer that the needed to diet by drinking lots of water and removing salt from their diet. Again, this sort of advice is routine. This year, Barbara Nash, a nutritional therapapist, was sued and paid out £810,000 in a settlement for compensation for such a course of action? How would Ofquack respond to such a complaint? Clearly they would have to take into account that such advice is batty and dangerous. But to do this they have to rely on their 'panel of experts' from the various quack trades. In the Barbara Nash case, none of the nutritional therapy bodies spoke out and condemned her actions. People like Nash are constantly told that they have good training and are professional. As Ben Goldacre
argued in the guardian,
After completing the rigorous training at the "College of Natural Nutrition", anyone would naturally believe themselves to be appropriately qualified, and able to give advice confidently. Nash's confidence in her own abilities seems entirely congruent with that world view.
Membership of Bant carries such privileges as "a listing in the Bant Directory of Practitioners, which is available to the public and entry on the Bant website" and "acknowledgement of professional status by the Nutritional Therapy Council". So endorsed, Nash would once again have perfectly reasonable grounds for a strong faith in her own abilities
The big fear here is that if any therapist would join Ofquack, they now would have government backed endorsement of their 'abilities and professionalism', even though everything they think they know is nonsense - and sometimes dangerous nonsense.
The Barbara Nash affair took its first scalp at Ofquack. In my blog, I laid part of the blame on the British Dietetic Association for not doing enough to educate the public about the difference between quack nutritional therapists and properly qualified and regulated Dietitians. It transpired that Andy Burman, Chief Executive of the BDA, was actually on the board of directors of the CNHC. You can see from comments on my web site the sheer anger of dietitians over the fact that their Chief Executive was openly helping to promote quack alternatives to their profession. Dieticians have to spend a lot of their time disabusing patients of the nonsense they have been told by nutritionists. Very soon after,
Andy Burman resigned from the CNHC board of directors.
So, even if quacks start joining the Complementary and Natural Healthcare Council there will soon be huge stresses applied. The first upheld Advertising Standards complaint, or any other action that requires Ofquack to judge if a therapy is effective will result in their current structures unable to cope and their members frightened to death. Quacks are used to cosy arrangement with their current trade bodies who act as regulators. They know they could never be struck off for doing their normal quack business. But Ofquack, being a government body, and with a large lay team acting as judges, may sooner or later have to let reality into their decisions. The whole edifice will then collapse.
So what is to be done? Well, the first thing is that setting up voluntary regulators that rubber stamp quack training and practices only legitimises irrational, fraudulent and dangerous practices. It will risk giving extra undeserved standing to nonsense and will not protect the public from delusional and/or deceitful actions.
The whole thing has been a huge waste of money. The hundreds of thousands of pounds given by the government to set up this body would have been much better spent on training Trading Standards Officers in the issues of alternative medicine. As Professor
David Colquhoun argues, the new Trading Standards Laws that came into effect last May have probably made much of alternative medicine illegal. "The gist of the matter is that it is now illegal to claim that a product will benefit your health if you can’t produce evidence to justify the claim." The law is clear: “falsely claiming that a product is able to cure illnesses, dysfunction or malformations" will be illegal. And as alternative medicine ceases to be alternative as soon as there is good evidence of efficacy, a lot of quacks could be in trouble.
What is standing in the way of people being prosecuted for making false health claims is the appropriate expertise within Trading Standards to evaluate the claims and initiate the appropriate prosecutions. There appears to be a situation evolving where there could be a large clash of government policy. It is likely Trading Standards will start prosecuting registered members of the Complementary and Natural Healthcare Council. Now, that will be a sight to watch.
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Update
As always, satire is the most efficient way of telling the story.
The excellent Daily Mash runs with the headline...
COMPLEMENTARY THERAPISTS TO BE REGULATED BY WITCH DOCTORPapa Limba said his first task as chairman of the Complementary and Natural Healthcare Council would be to identify which therapists were righteous shamans and which had the bad juju.
...
Limba said: "There are many frauds and not everyone has as strong a connection to the serpent god Demballa as they like to make out."I place my hands on their head and if their spirit vibrates to the rhythm of the ocean I give them a sticker to put in the window. If not I rub them with the mashed root of the banyan tree and we never hear of them again."He added: "Once a year I shall visit them and cast my chicken bones on their consulting room floor. If they are still there a week later I report them to health and safety."
And there is the heart of the problem. How are Ofquack going to certified 'well trained' practitioners when their training is in nonsense?
Labels: CNHC, Complementary and Natural Healthcare Council, ofquack, regulation