Bill No. 77 of 1955 A BILLjTO AMEND THE NATUROPATHY ACT NOTE This Bill amends The Naturopathy Act, being

chapter 61 of the Statutes of Alberta, 1952. The Act is being amended to enable a person who is not a member of the Alberta Association of Naturopathic Practitioners to practise naturopathy if he is a graduate of a school accredited by the Naturopathy Appraisal Board and has been listed with the Board. That board is to replace the Board of Examiners, and is to be independent from the association. jThe responsibility for examining applicants for admission to the association is now being passed from the Board of Examiners to the association itself.

A dis.cipline committee is constituted with power to suspend naturopaths who are guilty of conduct inimical to the best interests of the public and of naturopaths gener­ ally. Power to appeal to a judge of the Supreme Court is given to suspended naturopaths, howev~r. r.Dhis Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 77 of 1955

An Act to amend The Naturopathy Act (Assented to , 1955) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Naturopathy Act, being

chapter 61 of the Statutes of Alberta, 1952, is hereby amended.

Section 2 is amended ~;;!~Od~d2 (

a) by adding immediately before clause (

a) the fol- lowing new cIa use: "(a) 'accredited school' means a school or college "accredited of naturopathy accredited by the board;", school" (

b) by relettering clause (

a) as clause (aa),. (

c) as to cIa use (

b) by striking out the words "Board of Examiners" and by substituting the words HNaturopathy Appraisal Board", (

d) by striking out clause (c), (

e) as to clause (

g) by striking out the words "is registered under the provisions of this Act as such" and by substituting the words "practises natur­ opathy", (

f) by striking out clause (

h) and by substituting the following: "(h) 'naturopathy' means a system of therapy "natur~. that treats human injuries, ailments or dis- opathy eases by methods of nature, including any agency of nature, and employs as auxiliaries for such purpose the use of electrotherapy, hydrotherapy, body manipulation and diet­ etics;" .

Section 3, subsection (3) is amended by striking out

Section :l th d " h " b b tOt to th d amended e wor naturopat sand y su s 1 U lng e wor "members" .

Section 4 is amended ~:~~d~u ~ (

a) as to subsection (1) by adding immediately after clause (

I) the following new clauses: "(

g) the admission of naturopaths into membership in the association, and the qualifications as to

Section 5 amended

Section 6 amended

SectIon 7 amended InterIm cer,tificate of registration

Section 8 amended HeadIng amended

Section 9 amended 2 education and character required. of a naturo­ path for admission into the association; "(

h) the examination of applicants for registration as members of the association..", (

b) by striking out subsection (3) and by substituting the following: "

(3) By-laws, or amendments thereto, shall be ratified by the association at an annual general meeting or at a g~neral meeting called for that purpose." .

Section 5, subsection (5) is amended by striking out the words H, and which has been approved by the Lieutenant Governor in council".

Section 6, subsection (1) is amended (

a) by striking out the words and figures "under

section 11, subsections (1) and (2) or

section 12" and by substituting the words "for membership in the association", (

b) by striking out clause (b).

Section 7 is amended (

a) by striking out subsection (1) and by substituting the following: "7.

(1) Any applicant who has applied to the association for registration, and who has been notified by the association that he must submit himself to examination, may be granted, at the discretion of the council, an interim certificate of registration, and such applicant shall be deemed to be registered during the period for which he holds a valid interim registration.", (

b) as to subsection (3) by striking out the word "board", wherever it occurs, and by substituting the word "association".

Section 8 is amended by striking out subsection (9). 9. The heading "Board of Examiners" immediately pre­ ceding

section 9 is struck out and the heading "Naturopathy Appraisal Board" is substituted.

Section 9 is amended (

a) as to subsection (1) by striking out the words "Board of Examiners" and by substituting the words "Naturopathy Appraisal Board", (

b) as to subsection (2) (

i) by striking out the word "seven" and by sub­ stituting the word "four", (ii) by striking out the words ", of whom four shall be members of the association",

3 (

c) by striking out subsections (4) and (5) and by substituting the following: "( 4) The board shall establish "(q,) a list of schools and colleges, graduation from which would, in the opinion of the board, qualify a person to practise naturo­ pathy, and " (

b) a list containing the name of each person who by submitting credentials has satis­ fied the board, "(

i) that he is a graduate of an accredited school or college listed by the board, and "(ii) that he has not been suspended or expelled from any naturopathy asso­ ciation or organization. "

(5) The persons listed by the board pursuant to clause (

b) of subsection (4) may practise naturo­ pathy in the Province.", (

d) by striking out subsections (6) and (7).

Section 10 is amended (

a) as to subsection (1) (

i) by striking out the figure" (1) ", (ii) by striking out the words "for approval", (iii) by striking out the word "board" and by sub­ stituting the word "association", (

b) by striking out subsection (2). 12. Sections 11, 12 and 13 are repealed.

Section 10 amended Sections 11, 12 and 13 repealed

Section 15 is amended by striking out the words Se.ction 15 "registered naturopath" and by substituting the words amended "member of the association".

Section 16 is amended by striking out the words

Section 16 u·registered naturopath" and by substituting the words amended "member of the association".

Section 17 is amended by striking out the words

Section 17 "registered naturopath" and by substituting the words amended "member of the association".

Section 19 is amended by striking out the words

Section 19 "registered naturopath" and by substituting the words amended "naturopath practising".

Section 23 is struck out and the following is sub-

Section 23 stituted : amended "23.

(1) Subject to subsection (2), no person shall en- Use of title gage in the practice of naturopathy or advertise or use the title of 'naturopath' or any suffix, prefix, word, title or

Section 24 .repealed

Section 25 amended

Section 28 amended

Section 29 amended Discipline committee Evidence 4 designation, abbreviated or otherwise, to imply that he is engaged in the practice of naturopathy. "(2) Subsection (1) does not apply to "(

a) a member of the association in good standing, " (

b) a person entitled under subsection (5) of

section 9 to practise naturopathy in the Province, or " (

c) a person justified under

section 22 . "

(3) No person, other than a member of the association, shall use the title 'registered naturopath' or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that he is registered as a member of the associa­ tion.".

Section 24 is repealed.

Section 25 is amended by striking out the words "registered under this Act" and by substituting the words "registered as a member of the association".

Section 28 is amended by striking out subsection (2) and by substituting the following: "

(2) The onus of proof of membership in the association or of entitlement to practise naturopathy in the Province is upon the person charged with an offence under this Act.".

Section 29 is struck out and the following new sec­ tions are substituted: "29.

(1) A discipline committee is hereby constituted, which shall consist of "(

a) the Deputy Provincial Secretary, who shall be chairman, " (

b) the chairman of the Naturopathy Appraisal Board, " (

c) a member who shall be appointed annually by the association, and "(

d) a member who shall be appointed from time to time by the Lieutenant Governor in Council. "

(2) If the discipline committee has reason to suspect that a naturopath has been guilty of conduct inimical to the best interest of the public or the practice of naturopathy, it may summon the naturopath before it by giving him two w~eks' notice by registered mail. "

(3) If, when the naturopath has appeared before it, the discipline committee is unanimously agreed that he has been guilty of conduct inimical to the best interests of the public or the practice of naturopathy, it may take such action as it deems necessary to protect the public and may reprimand the naturopath or suspend or cancel his right to practise. "( 4) The discipline committee may take evidence under oath and for that purpose may administer oaths or affir­ mations.

5 "

(5) When a naturopath has his right to practise in the Appeal Province suspended or cancelled, he may appeal to a judge of the Supreme Court of Alberta within fourteen days of the suspension or cancellation, or within such further time as the judge may allow, at a time and place appointed in writing by the judge. . "

(6) The appointment shall be served upon the chairman of the discipline committee seven days before the date fixed by the judge for the hearing of the appeal. "

(7) The proceedings on the appeal shall be in the nature of a re-hearing upon which the judge may make such order, including an order as to costs, as the justice of the case requires, and every such order is final and binding upon the naturopath and the discipline committee. "

(8) The consolidated Rules of the Supreme Court re­ lating to the attendance of witnesses apply to the appeal. "29a. The Lieutenant Governor in Council may prescribe Expenses the fees and allowances for expenses to be paid to members ~rscipline of the discipline committee.". committee 22. This Act comes into force on the day upon which Coming into it is assented to. force

THIRD SESSION TWELFTH LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend The Naturopathy Act Received and read the First time ......................................... . Second time ....................................... . ,Third time ......................................... . RON. MR. GERHART Title: 1955 (12th, 3rd) Bill 77,

An Act to amend The Naturopathy Act