Traditional Chinese Medicine Act, 2006, S.O. 2006, c. 27 - Bill 50

JurisdictionOntario
Date20 December 2006
Bill Number50

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 50 and does not form part of the law. Bill 50 has been enacted as Chapter 27 of the Statutes of Ontario, 2006.

The Bill enacts a new health profession Act with respect to the regulation of traditional Chinese medicine and makes complementary amendments to other Acts.

The name of the new College is the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario and the new profession is the profession of traditional Chinese medicine. The Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, is deemed to be part of the new Act.

The scope of practice of traditional Chinese medicine is the assessment of body system disorders using traditional Chinese medicine techniques and treatment using traditional Chinese medicine therapies to promote, maintain or restore health. The College Council will be composed of at least six and no more than nine persons who are members of the College, and at least five and no more than eight persons appointed by the Lieutenant Governor in Council. The Council shall have a President and Vice-President elected annually by Council.

Certain “authorized acts” that may be performed by members are provided for.

The Bill restricts the use of the titles “traditional Chinese medicine practitioner” and “acupuncturist” to members of the College. No person other than a member may hold themselves out as qualified to practise as a traditional Chinese medicine practitioner or acupuncturist. Anyone who contravenes these restrictions is guilty of an offence and on conviction is liable to a maximum fine of $5,000 for a first offence and a maximum of $10,000 for a subsequent offence.

The Registrar must notify each member of the College if the Minister refers a suggested statutory or regulatory amendment under the new Act to the Health Professions Regulatory Advisory Council. The College Council, with Ministerial review and the approval of the Lieutenant Governor in Council, may make regulations:

(a) prescribing standards of practice involving the circumstances in which traditional Chinese medicine practitioners must make referrals to members of other regulated health professions;

(b) prescribing and governing the therapies involving the practice of the profession and prohibiting other therapies;

(c) regulating the use of the title “doctor” for certain members of the College, prescribing a class of certificates of registration for these members and prescribing standards and requirements, including non-exemptible requirements relating to these certificates of registration.

Transitional provisions in the Bill provide for the appointment of the College Registrar and a transitional Council by the Lieutenant Governor in Council. The transitional Council and the Registrar may do anything that is necessary or advisable for the implementation of the Bill and anything that they could do once the Act is in force, including accepting and processing applications for registration.

During the transition period, the Minister may review the transitional Council’s activities, require it to make, amend or revoke a regulation and do anything that is necessary or advisable to carry out the intent of the Bill and the Regulated Health Professions Act, 1991.

After the transition period, the transitional Council shall be the College Council, if it is constituted in accordance with the Act or, if it is not, it shall be deemed to be the Council until a new Council is constituted under the Act.

The Bill amends other Acts, including the following:

1. The definition of “drug” under the Drug and Pharmacies Regulation Act (“DPRA”) is amended to exclude any “natural health product” to ensure consistency with federal drug legislation. This will ensure that natural health products may be used in the practice of the profession. The definition of “drug” is also amended under the Ontario Drug Benefit Act (“ODBA”) to include the new definition under the DPRA and include any substance supplied under the ODBA before the Act comes into force. The definition of “drug” is amended under the Drug Interchangeability and Dispensing Fee Act to include the new definition under the DPRA and include any substance designated as an interchangeable product before the Act comes into force.

2. The Regulated Health Professions Act, 1991 is amended to allow certain members of the College to use the title “doctor”.

The Bill amends Ontario Regulation 107/96 (Controlled Acts) under the Regulated Health Professions Act, 1991 by revoking the provisions allowing anyone to perform acupuncture. The Bill adds provisions allowing acupuncture to be performed by members of certain Colleges and persons registered to practise under the Drugless Practitioners Act. Persons who perform acupuncture as part of an addiction treatment program within a health facility will also be permitted to perform the procedure.

chapter 27

An Act respecting the regulation of the profession of traditional Chinese medicine, and making complementary amendments to certain Acts

Assented to December 20, 2006

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

1. In this Act,

“College” means the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“profession” means the profession of traditional Chinese medicine; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”)

Health Professions Procedural Code

2. (1) The Health Professions Procedural Code shall be deemed to be part of this Act.

Same, interpretation

(2) In the Health Professions Procedural Code, as it applies in respect of this Act,

“College” means the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of traditional Chinese medicine; (“profession”)

“regulations” means the regulations under this Act. (“règlements”)

Definitions in Code

(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.

Scope of practice

3. The practice of traditional Chinese medicine is the assessment of body system disorders through traditional Chinese medicine techniques and treatment using traditional Chinese medicine therapies to promote, maintain or restore health.

Authorized acts

4. In the course of engaging in the practice of traditional Chinese medicine, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1. Performing a procedure on tissue below the dermis and below the surface of a mucous membrane for the purpose of performing acupuncture.

2. Communicating a traditional Chinese medicine diagnosis identifying a body system disorder as the cause of a person’s symptoms using traditional Chinese medicine techniques.

College established

5. The College is established under the name College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario in English and Ordre des praticiens en médecine traditionnelle chinoise et des acupuncteurs de l’Ontario in French.

Council

6. (1) The Council shall be composed of,

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws;

(b) at least five and no more than eight persons appointed by the Lieutenant Governor in Council who are not,

(i) members,

(ii) members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii) members of a Council as defined in the Regulated Health Professions Act, 1991.

Who can vote in elections

(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.

President and Vice-President

7. The Council shall have a President and Vice-President who shall be elected annually by the Council from among the Council’s members.

Restricted titles

8. (1) No person other than a member shall use the titles “traditional Chinese medicine practitioner” or “acupuncturist”, a variation or abbreviation or an equivalent in another language.

Representations of qualification, etc.

(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a traditional Chinese medicine practitioner or acupuncturist or in a specialty of traditional Chinese medicine.

Definition

(3) In this section,

“abbreviation” includes an abbreviation of a variation.

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