Traditional Chinese Medicine Practioners, Traditional Chinese Medicine Herbalists and Acupuncturists Act, 2003 Colle, Mike — Bill 93 (37th Parliament, 4th Session)

Bill 93, 37-4

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Bill 93, Traditional Chinese Medicine Practioners, Traditional Chinese Medicine Herbalists and Acupuncturists Act, 2003

Colle, Mike

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[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

(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

(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

(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

(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

(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

praticiens de médecine chinoise traditionnelle, des herboristes de

médecine chinoise traditionnelle et des acupuncteurs de l'Ontario in

French.

Council

(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

(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

(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

(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

Document details

Collection	Ontario — Bills
Citation	Bill 93, 37-4
Type	bill
Volume / chapter	p37 s4 bill 93 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	6904ed09a577441277e75d38be85aee67936bc18

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