[37] Bill 93 Original (PDF)
Bill 93 2003
An Act to regulate practitioners
of traditional Chinese medicine,
herbalists in the practice of
traditional Chinese medicine
and acupuncturists
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,
"active serious medical condition" means a disease, disorder or dysfunction that has disabling or life threatening effects and that will not improve without immediate or surgical intervention; ("état pathologique grave évolutif")
"acupuncture" means an act of stimulation, by means of needles, of specific sites of skin, mucous membranes or subcutaneous tissues of the human body; ("acupuncture")
"acupuncturist" means a member who is an acupuncturist; ("acupuncteur")
"College" means the College of Traditional Chinese Medicine Practitioners, Traditional Chinese Medicine Herbalists 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")
"herbalist" means a member who is a traditional Chinese medicine herbalist; ("herboriste")
"member" means a member of the College; ("membre")
"profession" means the professions of traditional Chinese medicine practitioner, traditional Chinese medicine herbalist and acupuncturist; ("profession")
"this Act" includes the Health Professions Procedural Code; ("la présente loi")
"traditional Chinese medicine practitioner" means a member who is a traditional Chinese medicine practitioner. ("praticien de médecine chinoise traditionnelle")
Health Professions Procedural Code
2. (1) The Health Professions Procedural Code is deemed to be part of this Act.
Terms in Code
(2) In the Health Professions Procedural Code, as it applies in respect of this Act,
"College" means the College of Traditional Chinese Medicine Practitioners, Traditional Chinese Medicine Herbalists and Acupuncturists of Ontario; ("Ordre")
"health profession Act" means this Act; ("loi sur une profession de la santé")
"profession" means the professions of traditional Chinese medicine practitioner, traditional Chinese medicine herbalist and acupuncturist; ("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: traditional Chinese medicine
3. (1) The practice of traditional Chinese medicine is the promotion, maintenance and restoration of health and prevention of disorder, imbalance or disease using traditional Chinese medicine.
Authorized acts: traditional Chinese medicine practitioner
(2) In the course of engaging in the practice of traditional Chinese medicine, a member who is a traditional Chinese medicine practitioner is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1. Chinese acupuncture (Zhen), moxibustion (Jiu) and suction cup (Ba Guan).
2. Chinese manipulative therapy (Tui Na).
3. Chinese energy control therapy (Qi Gong).
4. Chinese rehabilitation exercises such as Chinese shadow boxing (Tai Ji Quan).
5. Prescribing, compounding or dispensing Chinese herbal formulae (Zhong Yao Chu Fang) and Chinese food cures (Shi Liao).
Scope of practice: acupuncture
4. (1) The practice of acupuncture is the act of stimulating, by means of needles, specific sites of skin, mucous membranes or subcutaneous tissues of the human body to promote, maintain, restore or improve health, to prevent disorder, imbalance or disease or to alleviate pain.
Authorized acts: acupuncture
(2) In the course of engaging in the practice of acupuncture, a member who is an acupuncturist is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1. The administration of manual, mechanical, thermal and electrical stimulation of acupuncture needles.
2. The use of laser acupuncture, magnetic therapy or acupressure.
3. Moxibustion (Jiu) and suction cup (Ba Guan).
4. The use of traditional Chinese medicine diagnostic techniques.
5. The recommendation of dietary guidelines or therapeutic exercise.
Scope of practice: herbalist
5. (1) The practice of herbalist is the promotion, maintenance and restoration of health and prevention of disorder, imbalance or disease based on the use of traditional Chinese medicine herbal treatments.
Authorized acts: herbalist
(2) In the course of engaging in the practice of being a herbalist, a member who is a herbalist is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:
1. To prescribe, compound or dispense Chinese herbal formulae (Zhong Yao Chu Fang).
2. To prescribe, compound or dispense Chinese food cure recipes (Shi Liao).
Limitations on practice
6. (1) No acupuncturist or herbalist may treat an active serious medical condition unless the client has consulted with a legally qualified medical practitioner, naturopath, legally qualified dentist or dental surgeon or practitioner of traditional Chinese medicine, as appropriate.
Limitation on acupuncture as surgical
anaesthetic
(2) A traditional Chinese medicine practitioner or an acupuncturist may only administer acupuncture as a surgical anaesthetic if a legally qualified medical practitioner or a legally qualified dentist or dental surgeon is physically present and observing the procedure.
Acupuncturist and herbalist to advise client if no improvement
(3) An acupuncturist or herbalist shall advise the client to consult a legally qualified medical practitioner, naturopath, legally qualified dentist or dental surgeon or practitioner of traditional Chinese medicine if there is no improvement in the condition for which the client is being treated within 60 days after receiving treatment.
Acupuncturist or herbalist to discontinue treatment
(4) In the event a client does not consult with a legally qualified medical practitioner, naturopath, legally qualified dentist or dental surgeon or practitioner of traditional Chinese medicine, an acupuncturist or herbalist shall discontinue treatment if,
(a) there is no improvement in the condition for which the client is being treated within 120 days from after the date treatment commenced;
(b) the condition for which the client is being treated worsens; or
(c) new symptoms develop.
Limitations in by-laws
(5) An acupuncturist or herbalist shall not use traditional Chinese medicine techniques except as authorized in the by-laws.
Definition
(6) In this section,
"naturopath" means a naturopath who is registered as a drugless practitioner under the Drugless Practitioners Act.
College established
7. The College is established under the name College of Traditional Chinese Medicine Practitioners, Traditional Chinese Medicine Herbalists and Acupuncturists of Ontario in English and Ordre des praticiens de médecine chinoise traditionnelle, des herboristes de médecine chinoise traditionnelle et des acupuncteurs de l'Ontario in French.
Council
8. (1) The Council shall be composed of,
(a) at least seven and no more than eight persons who are members elected in accordance with the by-laws;
(b) at least five and no more than seven 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
9. 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
10. (1) No person, other than a member, shall use the title "acupuncturist", "traditional Chinese medicine practitioner" or "traditional Chinese medicine herbalist" or a variation or abbreviation or an equivalent in another language.
Same
(2) No member shall use a title other than the title to which he or she is entitled under this Act and the by-laws.
Representations of qualification, etc.
(3) 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, as a traditional Chinese medicine herbalist or as an acupuncturist.
Definition
(4) In this section,
"abbreviation" includes an abbreviation of a variation.
Notice if suggestions referred to Advisory Council
11. (1) The Registrar shall give a notice to each member if the Minister refers to the Advisory Council, as defined in the Regulated Health Professions Act, 1991, a suggested,
(a) amendment to this Act;
(b) amendment to a regulation made by the Council; or
(c) regulation to be made by the Council.
Requirements re notice
(2) A notice mentioned in subsection (1) shall set out the suggestion referred to the Advisory Council and the notice shall be given within 30 days after the Council of the College receives the Minister's notice of the suggestion.
Offence
12. Every person who contravenes subsection 10(1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not more than $5,000 for a first offence and not more than $10,000 for a subsequent offence.
Regulations
13. Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations concerning,
(a) the practice of traditional Chinese medicine;
(b) the practice of traditional Chinese medicine herbal treatments;
(c) the practice of acupuncture.
Transition before Act in force
14. (1) The Lieutenant Governor in Council may appoint a transitional Council.
Powers of transitional Council
(2) After April 1, 2003 but before this Act comes into force, the transitional Council and its employees and committees may do anything that is necessary or advisable for the coming into force of this Act and that the Council and its employees and committees could do under this Act if it were in force.
Same
(3) Without limiting the generality of subsection (2), the transitional Council may appoint a Registrar and the Registrar and the Council's committees may accept and process applications for the issue of certificates of registration, charge application fees and issue certificates of registration.
Powers of Minister
(4) The Minister may,
(a) review the transitional Council's activities and require the transitional Council to provide reports and information;
(b) require the transitional Council to make, amend or revoke a regulation under this Act;
(c) require the transitional Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act and the Regulated Health Professions Act, 1991.
Transitional Council to comply with Minister's
request
(5) If the Minister requires the transitional Council to do anything under subsection (4), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report.
Regulations
(6) If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (4) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation.
Same
(7) Subsection (6) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do.
Expenses
(8) The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (4).
Transition after Act in force
15. After this Act comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 8 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 8 (1).
Commencement
16. This Act comes into force on the day it receives Royal Assent.
Short title
17. The short title of this Act is the Traditional Chinese Medicine Practitioners, Traditional Chinese Medicine Herbalists and Acupuncturists Act, 2003.
EXPLANATORY NOTE
The Bill regulates, as regulated health professions, traditional Chinese medicine practitioners, traditional Chinese medicine herbalists and acupuncturists.