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Volume 51, No. 20

B.C. Reg. 290/2008

The British Columbia Gazette,

Part II

October 21, 2008

B.C. Reg. 290/2008 , deposited October 15, 2008, pursuant to the HEALTH PROFESSIONS ACT [Section 12 (2)]. Ministerial Order M250/2008, dated October 10, 2008.

I, George Abbott, Minister of Health Services, order that effective October 17, 2008, the attached Traditional Chinese Medicine Practitioners and Acupuncturists Regulation is made.

— G. ABBOTT, Minister of Health Services.

TRADITIONAL CHINESE MEDICINE PRACTITIONERS

AND ACUPUNCTURISTS REGULATION

Contents

Definitions

College name

Reserved titles

Scope of practice

Restricted activities

Limits or conditions on services

Patient relations program

Definitions

1 In this regulation:

" Act" means the Health Professions Act ;

"active serious medical condition" means a disease, disorder or dysfunction which has disabling or life-threatening effects and which will not improve without immediate or surgical intervention;

"acupuncture" means

an act of stimulation, by means of needles, of specific sites on the skin, mucous membranes or subcutaneous tissues of the human body to promote, maintain, restore or improve health, to prevent a disorder, imbalance or disease or to alleviate pain and includes

(

a) the administration of manual, mechanical, thermal and electrical stimulation of acupuncture needles,

(

b) the use of laser acupuncture, magnetic therapy or acupressure, and

(

c) moxibustion (Jiu) and suction cup (Ba Guan);

"acupuncturist" means a registrant authorized under the bylaws to practise acupuncture;

"dentist" means a person authorized under the Dentists Act to practise dentistry;

"doctor of traditional Chinese medicine" means a traditional Chinese medicine practitioner who is authorized under the bylaws to use the title "doctor of traditional Chinese medicine";

"herbalist" means a registrant authorized under the bylaws to prescribe, compound or dispense Chinese herbal formulae (Zhong Yao Chu Fang) and Chinese food cure recipes (Shi Liao);

"naturopath" means a person authorized under the Act to practise naturopathic medicine;

"prescribe" means to give directions, either orally or in writing, for the preparation and administration of a traditional Chinese medicine remedy to be used in the treatment of a disorder or an imbalance;

"traditional Chinese medicine" means the promotion, maintenance and restoration of health and prevention of a disorder, imbalance or disease based on traditional Chinese medicine theory by utilization of the primary therapies of

(

a) Chinese acupuncture (Zhen), moxibustion (Jiu) and suction cup (Ba Guan),

(

b) Chinese manipulative therapy (Tui Na),

(

c) Chinese energy control therapy (Qi Gong),

(

d) Chinese rehabilitation exercises such as Chinese shadow boxing (Tai Ji Quan), and

(

e) prescribing, compounding or dispensing Chinese herbal formulae (Zhong Yao Chu Fang) and Chinese food cure recipes (Shi Liao);

"traditional Chinese medicine practitioner" means a registrant authorized under the bylaws to practise traditional Chinese medicine.

College name

2 The name "College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia" is the name of the college established under

section 15 (1) of the Act for traditional Chinese medicine and acupuncture.

Reserved titles

(1) The title "acupuncturist" is reserved for exclusive use by acupuncturists.

(2) The title "traditional Chinese medicine practitioner" is reserved for exclusive use by traditional Chinese medicine practitioners.

(3) The title "traditional Chinese medicine herbalist" is reserved for exclusive use by herbalists.

(4) The titles "doctor of traditional Chinese medicine" and "doctor" are reserved for exclusive use by doctors of traditional Chinese medicine.

(5) This

section does not prevent a person from using

(

a) the title "doctor" in a manner authorized by another enactment that regulates a health profession, or

(

b) an academic or educational designation that the person is entitled to use.

Scope of practice

(1) An acupuncturist may practise acupuncture, including

(

a) the use of traditional Chinese medicine diagnostic techniques, and

(

b) the recommendation of dietary guidelines or therapeutic exercise.

(2) A traditional Chinese medicine practitioner may practise traditional Chinese medicine.

Restricted activities

5 No person other than a

(

a) traditional Chinese medicine practitioner, acupuncturist or herbalist may make a traditional Chinese medicine diagnosis identifying a disease, disorder or condition as the cause of signs or symptoms,

(

b) traditional Chinese medicine practitioner or a herbalist may prescribe those Chinese herbal formulae listed in a

schedule to the bylaws of the College, and

(

c) traditional Chinese medicine practitioner or an acupuncturist may insert acupuncture needles under the skin for the purposes of practising acupuncture.

Limits or conditions on services

(1) No acupuncturist or herbalist may treat an active serious medical condition unless the client has consulted with a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine, as appropriate.

(2) A traditional Chinese medicine practitioner or an acupuncturist may administer acupuncture as a surgical anaesthetic only if a medical practitioner or a dentist is physically present and observing the procedure.

(3) An acupuncturist or herbalist must advise the client to consult a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine if there is no improvement in the condition for which the client is being treated within 2 months of receiving treatment.

(4) In the event a client does not consult with a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine, an acupuncturist or herbalist must discontinue treatment if

(

a) there is no improvement in the condition for which the client is being treated after 4 months from the date treatment commenced,

(

b) the condition for which the client is being treated worsens, or

(

c) new symptoms develop.

(5) An acupuncturist or herbalist must not use traditional Chinese medicine diagnostic techniques except as authorized in the bylaws.

Patient relations program

7 The college is designated for the purposes of

section 16 (2) (

f) of the Act.

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