Bill 2 (Legislature 10, Session 5)

L10 S5 7248

Alberta — Bills

BILL No. 2 of 1948.

An Act respecting the P·ractice of Drugless Therapy. (Assented to , 19J,,8.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as liThe Drugless Practitioners Act."

INTERPRETATION. 2.

In this Act, unless the context otherwise requires, (a) "Association" means the Naturopathic Association of Alberta as created and constituted by this Act; (b) "Board" means the Board of Drugless Practitioners appointed under this Act. (c) "Naturopathy" means a drugless system of therapy that treats human injuries, ailments or diseases by natural methods, including any agency of nature, and employs as auxiliaries for such purpose the use of electrotherapy, hydrotherapy, body manipulation and diatetics, as taught in schools of naturopathy or drugless therapeutics; (d) "Naturopath" means a person who is registered under the provisions of this Act as such. (e) "Physiotherapy" means the treatment of the human body by physical and mechanical means by manipu lation, massage, exercise, ap.plication of bandages, hydrotherapy and medical electricity, as taught in schools of physiotherapy; (I) "Physiotherapist" is a person who is registered under the provisions of this Act as such; (g) "Massage" means kneading, rubbing or massaging 'Of the human body whether with or without such appliances as steam baths,· vapour baths, fume baths, electric baths, electric lights· baths, or any other similar method as taught in the school of massage approved under the provisions .of this Act but does not include any form of medical electricity; (h) "Masseur" means a person who is registered under the provisions of this Act as such; (i) "Regulations" means the regulations made by the Board pursuant to this Act.

2 CONSTITUTION OF ASSOCIATION. 3. There is hereby created, and established the "Naturo pathic Association of Alberta;" 'a: body politic and corporate, having perpetual sllc;eession and a common seal, and power to acquire, hold and dis.pose of re~l and personal ~roperty, and to sue and be sued in. the manner usual wIth such corporations. MEMBERSHIP. 4. Membership in the association shall consist of,- (

a) naturopaths registered under the provisions of this 'Act and governed by the provisions hereof; (

b) physiotherapists registered under the provisions of this Act and governed by the provisions hereof; (

c) masseurs registered under the provisiOons of this Act and governed by the provisions hereof; (

d) all drugless practitioners who have been engaged in the actual pra'ctice of any of the classifications named, in the Province of Alberta for a period of one year prior tOo the passage of this Act, who ha ve furnished to the Board evidence of qualifica tions and moral character satisfactory tOo the Board; (e) ,All other persons who may hereafter be registered 'as ,members of the association pursuant to this Act. OFFICERS OF THE ASSOCIATION. ,5.-

(1) Within six weeks from the date upon which this Act comes into force, the president of the Naturopathic Association of Alberta heretofore existing, shall call a meeting of the,membership of the association in good stand ing at a time and place to be fixed by him, of which due noti.~e shall be given to all members of the association in the Province, for the purpose of electing the fi'rst officers and transacting a;ny oth~r necessary business under this Aet. ' ,

(2) At that meeting, the said president shall preside and shall receive applications for membership from naturopaths, physiotherapists ~nd mas~eurs, . resident in the Province, \Vho are pr~sent, on forms to be supplied by him, and the persons s-o applying will be deemed to be active members for the purpose of holding -.the first meeting of the association constituted by this Act.

(3) Thereupon the said active members of the association shall proceed t() the election of a president, vi~e-president and secretary-treasurer, and they shall constitute the execu tive committee of the association.

(4) At th~ first annual meeting. and a~ each subsequent annual meetIng, the officers mentIOned In subsection

(3) 3 shall be elected by and from the a,ctive members of the association and shall constitute the executive committee of the association. APPOINTMENT OF BOARD. 6.-

(1) At the meeting provided for in subsection (1) of

section 5, there shall also be elected by and . from the active membership of the association, a "Board of Drugless Practitioners" whose duty it shall be to administer this Act under the direction of the association and to act in an advisory capacity to the association, which Board shall consist of five members, of which three must be naturopaths, a chairman who shall be elected annually, two members who shall be elected for a term' of one year each, and two mem bers who shall be elected for a term of two years each.

(2) At the next annual meeting of the association, and at each subsequent annual meeting, a chairman shall be elected for a term of one year and two members shall be elected to the Board for a term of two years each.

(3) Three members of the Board shall constitute a quorum.

(4) Should vacancies occur on the Board during the year, the Board shall fill the vacancies by appointment of active menlbers of the association, who shall hold. the offi~e only until the next annual meeting of the association, provided always that at least three members of the Board including the chairman, shall be naturopaths.

(5) Should the office of chairman of the Board fall vacant during the year, the Board shall elect one from its members to fill that office for the balance of the year.

(6) No member of the executive ·committee shall be eli gible for membership on the Board. BOARD POWERS. 7.-

(1) The Board shall have.power, subject to the PJ;,o visions of this Act, to make regulations governing,- (

a) the duties of the executive committee and Its. members; , (

b) the admission of naturopaths, physiotherapists and masseurs into membership of the association and the issuing of Ii,censes to members to practise in Alberta, and the fees -to be paid for registration and renewal of registration; (

c) the qualifications as to education, character and experience that· a naturopath, physiotherapist and' masseur must have before they may be so admitted into the association; (

d) the keeping of a register of. persons entitled .tQ; practise under this Act in the Province;

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e) the fees payable by a person on applying f.or exam ination, with a view to registration, which shall not exceed one hundred dollars; (

I) the voting by the association oOf the necessary funds for the activities arid perfOormance of the duties of the Board; (

g) the discipline and conduct of registered naturo paths, physiOotherapists and masseurs, including the regulation .or prohibition of advertising by members of the association; (

h) the investigation of any complaint of unpr.ofessional cQnduct, incompetency or want oOf skill oOn the part of any registered member; (

i) the cancellation .or suspension .of the registratiOon of any registered practitioner found by the Board to be guilty of such unprofessional conduct, in~ompetency or lack of skill as to render it desirable in the public interest that his registration should be cancelled or suspended and the reinstatement oOf any practi tioner whose registration has been cancelled or suspended; (

i) the calling of meetings .of the BQard, the procedure to be followed at such meetings and the right to VoOte thereat; (

k) the examination of applicants foOr registration as naturopaths, physiotherapists and masseurs, and the pres:C'ribing oOf the duties of the examining Board; (

l) generally any matters deemed proper for the better carrying out of tlie provisions oOf this Act.

(2) The regulations made frOom time to time by the BoOard shall nQt come into fQrce until they have been published in one issue of The Alberta Gazette.

(3) The Board may at any time amend .or revoke any regulations made by it, but no such amendment oOf revocatioOn shall have effect until it is published in one issue of The Al berta Gazette. 8. NoO actiOon shall be brought against the Board or any member of the BOoard for anything done in good faith under this Act, notwithstanding any want .of form in the proceed ings. APPEAL. 9.-

(1) Any person whose application for registration has been refused or whose registration has been cancelled Oor suspended, may at any time within one month of the date of the decision or order of the Board, appeal from the decision or order of the Board to a Judge Oof the District CoOurt in Chambers.

(2) Ten days' notice of every appeal shall be served on the secretary .of the Board and a copy thereof filed with the Clerk of the Court.

(3) The judge shall deal with the appeal in a

summary manner and his decision shall be final and the costs of the appeal shall be in the discretion of the Court. EXAMINING COMMITTEE. 10.-

(1) There shall be examining committees appoint ed by the Board for the purpose of examining the qualifica tions of every person who applies to be registered as a member of the association.

(2) Examining committee shall be composed of three members of the Association who shall hold office at the pleasure o(the Board.

PART I. QUALIFICATIONS OF A NATUROPATH. 11,.-

(1) Subject to the provisions of

section 4, pa'ra graph (

d) and pursuant to

section 4, paragraph '(e), only those persons shall be entitled to apply for registration as members of the association as naturopaths who,- (

a) file with the examining committee a certificate or other eviden,ce satisfactory to the committee, show ing that they have passed at least junior matricula tion examinations or an examination equivalent thereto; (

b) have attended a school or college of naturopathy which is approved by the Board, for at least four academic years and graduated therefrom; (

c) passed an examination prepared or approved by the examining committee on each of the following sub jects: Anatomy, physiology, chemistry, pathology, histology, neurology, genecology, sanitation and hygiene, general diagnosis including symptom atology and the principles and practice of the methods of natutopathy; (

d) comply with those provisions of the 'regulations which concern admission and registration and satisfy the Board that they are of good moral character.

(2) A registered Naturopath under this Act who has a certificate of 'c()mpetency in X-ray from a school or college approved by the Board may in connection with his practice, use X .. ray for making shadowgraphs, or for the purpose of a general analysis wherein bone tissue is involved. 12.:..-

(1) In a written report to the Boa:rd, the examin ing oommittee shall indicate the results of its investigations and examinations of every person Who applies for registra tion as a member of the association.

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(2) If the Board is satisfied that the applicant is duly qualified to practise naturopathy and that he is a person of integrity and gQod moral character, it shall, subject to. this A'ct and all regulations enacted hereunder, grant him a certificate of registration which shall entitle him to all the rights and privileges conferred by this Act. RIGHTS AND DUTIES OF NATUROPATHS. 13. Every registered naturopath shall, if he so desires, be ex;empt from serving on all juries and inquests whatsoever. 14.

No registered naturopath shall be liable in any action for negligence or malpractice by reason of profes sional services requested and rendered, unless the action is so commenced within .one year from the date when, such professional services terminated in the matter complained of. 15. Any naturQpath who has reason to believe that any person whom he may be treating has any contagious or inf~twus disease .or any other disease dangerous to public . health, shall immediately give notice in writing to the officer of health of the municipality in which that person resides.

PART II. QUALIFICATIONS OF A PHYSIOTHERAPIST. 16. Subject to the provisions of

section 4, paragraph (

d) and pursuant to

section 4, paragraph (e), only those persons shall be entitled to apply for registration as members of the ·association as physiotherapists who,- (

a) file with the examining committee a certificate or other evidence satisfactory to the committee, show ing that they have passed at least junior matricula tion examinations or an examination equivalent thereto; (

b) have attended a school or college of physiotherapy whi~h is approved by the Board, fQr at least two academic years and graduated therefrom; (

c) have taken a two-year course or training in such fundamental studies as elementary physics and c·hemistry, anatomy, physiology, personal and com munity hygiene, elementary nursing principles, foundational principles of preventative medicine (susceptibility, immunity, protection), elementary nursing· methods, bandaging and first aid, rudiments of elementary psy~hology, ethics 'Of nursing, ele mentary pathology, disease amenable to treatment

7 by massage (passive, active, controlled movements, gymnasti.c' exercises), technique of massage, usage of assisting methods (baths, heat, light, electricity, instruments and mechanical appliances) ; (d) . Have taken a one-year course or training on the special branches of massage and gymnastics at a school of training for that purpose approved by the Board; (

e) Are twenty-one years of age, pass such examination as may ,be "prescribed by the Board and satisfy the Board that they are of good moral character. . . 17. For the purpose of this Act, "Physiotherapist" shall mean any person who treats the human body by ,physical or mechani~al means by manipulation, massage, exercise, appli cation of bandages, hydrotherapy and medical electricity, and treats symptoms. QUALIFICATIONS OF A MAsSEUR. 18. Subject to the provisions of

section 4, parag-raph (

d) and pursuant to

section 4, paragraph (e), only those persons shall be entitled to apply for registration as members of the association of masseurs who,- (

a) file with the examining committee a certificate or other evidence satisfactory to the committee, show that they have passed at least the high school entrance examinations for the Province of Alberta or the equivalent thereof; (

b) have attended a school Qr college approved by the Board for two academic years' and taken a course or training in massage and assisting methods and graduated therefrom; (

c) are twenty-one years of age, pass such examination as may be prescribed by the Board and satisfy the Board that they are of good moral character. 19.

For the purpose of this Act, "Masseur" shall mean any person (other than those persons eoming within the classification heretofore defined) who kneads, rubs, or massages the human body,. or who uses with or without kneadIng, rubbing or massaging such apparati as steam baths, vapour fume baths, or electric light baths, or any other similar method as taught in the schools of massage approved under thepI"ovisions of this Act, but who. does not diagno.se or prescribe.

RESTRICTIONS. 20.~ (1 ) No masseur shall diagnose and prescribe treat 'ment for any ailment, disease, defect or disability of the hu man body, unless he has first consulted a legally qualified

8 physician in the P.rovince of Alberta to diagnose and pre scribe treatment for such ailm.ent, disease, defect or dis ability.

(2) No physiotherapist or masseur shall make or attempt to make any adjustment of any boney structure of the human body. 21. Any person registered under this part of the Act wh'Ocommits any breach thereof or whQ wilfully or falsely pretends to be a physician, doctor, or assumes any title, addition or description other than "Registered Physiother apist" or "Registered Masseur" as the ,case may be, shall be guilty of an offence under this A.ct and liable to the penalties hereinafter provided. OFFENCES AND PENALTIES. 22.-

(1) No per.son other than a registered naturopath shall engage in the practice of naturopathy or use 'Of the title "naturopath" or any word, title or designation abbreviated ;or otherwise, to imply that he is engaged in the practice of naturopathy.

(2) No person other than a registered physiotherapist shall engaged in the practice of physiotherapy or use the title "physiotherapist" or any word, title or designation abbreviated or otherwise, to imply that he is engaged in the practice 'Of physiotherapy.

(3) No person other than a registered masseur shall engage in the practice of massage 'Or use the title "masseur" or any word, title 'Or designation abbreviated or otherwise, to imply that he is engaged in the practice of massage.

(4) Every person who is not a registered natur'Opath, physiotherapist or masseur, and who practises, or holds himself out as practising naturopathy, physiotherapy or massage, either alone or in ·conjunction with any other method of treatment of the body for disease and the cause of disease, or advertises or uses any prefix or suffix to his name signifying that he is qualified to practise naturopathy, either alone or in conj unction with any other method of treatment of the human body for disease and the causes of disease, shall be guilty of an 'Offence under this Act.

(5) No registered naturopath shall, in conjunction with his name and to designate his profession or calling, display, or make use of the prefix or title "Doctor" or the abbrevia tion "Dr.", or any other w'Ords or letters commonly used to designate a legally qualified medical practitioner, or which suggests that he is a graduate or licentiate in medicine or surgery of any university or other diploma-granting body, unless at the same time he displays, or makes use of the word "naturopath", the word "naturo·pathy" or the w'ord "naturopathic",' immediately preceding or following his name.

9 23. It shall be an offence for any person wilfully to pro cure, or attempt to procure, himself to be registered under this Act by making false or fraudulent representations or declarations, either orally. or in writing, and every person knowingly aiding or assisting him therein shall be guilty of an offence under this Act. 24.. In any prosecution under this Act it shall be sufficient proof of an offence under this Act if it is proved that the accused has done 'Or committed a single act of unlicensed' practice, or has committed on one occasion any of the acts prohibited :by this Act. 25.

Every prosecuti'On under this Act shall be commenced within one year from the date of the alleged offence. 26. Every person who commits an offence against any of the provisions of this Act shall on conviction,- (

a) for a first offence be sentenced to a fine not exceed ing one hundred dollars; (

b) for a second offence be sentenced to a fine not ex ·ceeding two hundred dollars; (

c) for a third or subsequent offence, to imprisonment for a term not exceeding three months without the option of a fine. RIGHTS AND DUTIES OF DRUGLESS PRACTITIONERS. 27. Nothing contained in any Act in force in the Province shall prohibit a duly registered or licensed naturopath, physiotherapist 'Or masseur practising under the provisions of this Act, for hire, gain or hope of reward. 28.

Every registered practitioner under this Act shall be entitled to demand from any person by whom he is consulted <>r employed and to recover as a debt in any Court of competent jurisdiction, the proper charges for ·such consultation and employment or either of them. 29. Nothing in this Act shall apply to or affect,- (

a) the practice of any profession or ,calling by any pers'On practising the same under authority of a general or special Act of the Legislature; (

b) any nurse or physiotherapist acting under the prescription or direction of a legally qualified medical practitioner; (

c) the furnishing of first aid or temporary assistance in cases of emergency. (

d) any person treating human elements by prayer or spiritual means as an enjoyment of exercise of re ligious freedom.

10 30.-

(1) Nothing in this Act or the regulations shall autho~rize any person to presc'ribe or administer drugs !o.r' use internally or externally, or to us'e or direct or prescrIbe the use of anaesthetics for any purpose whatsoever or to' practice medi~ine, surgery or midwifery.

(2) Nothing in this Act or regulations shall authorize any person to make any movement or adjustment or seg ment or segments of the cervical vertebrae, and any such movement or adjustment will be deemed a contravention of/ The Chiropractic Act. 31. Nothing in this Act or the regulations shall authorize: any person to prescribe or administer drugs or medicinal preparations for or to treat any venereal disease, or a~y communicable disease as defined by The Public Health Act" nor shall he perform any surgical operation, or practice obstetrics or any branch of medicine or osteopathy. 32.

Subject to the provisions of this Act and the regula~ tions passed thereunder the first registration of any member shall remain in force until the end of the 'calendar' year in which such registration is made, and any registered member shall be entitled to a renewal of his registration for each succeeding ·calendar year upon making application and paying the prescribed fee therefor. 33. A certificate of registration or renewal on accept ance by the Board of an application therefor shall be issued to the appUcant. 34.

For the purpose of this Act, the term "one year's training" or "one year'sc1ourse" means training or course, of at least six months duration or one academic year in a recognized school of training. 35. The Board may make reciprocal arrangements with other bodies, councils or boards governing drugless practi tIOners in jurisdictions outside of Alberta, whereby the qualifications to practise in such jurisdiction may be 'recog niz~d as quali~cat!ons to practise in Alberta, and qualifi catIOns to .practIse In Alberta may be recognized as qualifica tions to practise in such jurisdiction. . ~6.

This Act shall come into forc.e on the day upon which It IS assented to.

FIFTH SESSION TENTH LEGISLATURE 12 GEORGE VI 1948 BILL

An Act respecting the Practice of Drugless Therapy. Received and read the First time ................... . Second time ................ . Third time ....................................... . MR. BAKER. EDMONTON: A. Shnltka, King's Printer 1948 Title: 1948 (10th, 5th) Bill 2,

An Act respecting the Practice of Drugless Therapy

Document details

Collection	Alberta — Bills
Citation	L10 S5 7248
Type	bill
Volume / chapter	L10 S5 7248
Language	en
Format	json
Source	PROVINCIAL
Identifier	f1af52ff04f79ee137dc313585ced7db58e6960f

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