Drugless Practitioners Act
Loi sur les praticiens ne prescrivant pas de médicaments

R.R.O. 1990, REGULATION 278

GENERAL

Consolidation Period: From November 5, 2007 to the e-Laws currency date.

Note: This Regulation is revoked on the day subsection 14 (2) of Schedule P to the Health System Improvements Act, 2007 comes into force. See: S.O., 2007, c. 10, Sched. P, ss. 14 (2), 21 (2).

Last amendment: O. Reg. 551/07.

This Regulation is made in English only.

Definitions

1.  In this Regulation,

“Board” means The Board of Directors of Drugless Therapy;

“drugless therapist” means any person who practises or advertises or holds themself out in any way as practising the treatment by diagnosis, including all diagnostic methods, direction, advice, written or otherwise, of any ailment, disease, defect or disability of the human body by methods taught in colleges of drugless therapy or naturopathy and approved by the Board;

“registration year” means the 12-month period that begins on March 1 of each year or, in the case of a leap year, on February 29 and ends on the following February 28. R.R.O. 1990, Reg. 278, s. 1; O. Reg. 549/99, s. 1.

Registration

2.  Any person being eighteen years of age may apply to the Board for registration as a drugless therapist. R.R.O. 1990, Reg. 278, s. 2.

Classifications

3.  Drugless therapist is a classification. R.R.O. 1990, Reg. 278, s.3.

Schools and Colleges

4.  No school or college teaching drugless therapy shall be approved by the Board, unless its course of instruction is at least four years of nine months in each year and it teaches a minimum course of at least 4,200 fifty-minute hours or its equivalent in the subjects of,

Anatomy (including all branches, gross Anatomy, Dissection, etc.)

Physiology

Chemistry

Medical Jurisprudence

Pathology

Psychology

Eye, Ear, Nose and Throat

Histology

Dietetics

Diagnosis

First Aid and Minor Surgery

Psychiatry

Gynecology

Bacteriology

Hygiene and Sanitation

Symptomatology

Obstetrics

Principles of Practice, Technique and Treatment.

R.R.O. 1990, Reg. 278, s. 4.

Fees

5.  (1)  Each person who applies for registration as a drugless therapist shall pay, with his or her application for registration, a registration fee of,

(a) in the case of an applicant who applies for registration as an inactive drugless therapist, $250; and

(b) in the case of an applicant other than the applicant referred to in clause (a), $900. O. Reg. 549/99, s. 2; O. Reg. 551/07, s. 1 (1, 2).

(2)  If a person applies for registration after the beginning of the registration year, the person shall pay a prorated portion of the fee required under subsection (1) that is based on the proportion that the number of remaining months in the registration year is to the total number of months in the registration year. O. Reg. 549/99, s. 2.

(3)  For the purposes of subsection (2), if a person applies for registration after the first day of a month, the month in which the person applied shall be counted as a full month when determining the number of months remaining in the registration year. O. Reg. 549/99, s. 2.

(4)  Every registrant shall pay a fee for the annual renewal of his or her registration on or before February 28. O. Reg. 549/99, s. 2.

(5)  Subject to subsection (6), the fee for the annual renewal of registration as a drugless therapist is,

(a) if the fee is paid on or before February 28 of the previous registration year, $900; or

(b) if the fee is paid after February 28 of the previous registration year, $1350. O. Reg. 549/99, s. 2; O. Reg. 551/07, s. 1 (3, 4).

(6)  The fee for the annual renewal of registration as an inactive drugless therapist is,

(a) $250, if the fee is paid on or before February 28 of the previous registration year; or

(b) $350, if the fee is paid after February 28 of the previous registration year. O. Reg. 549/99, s. 2; O. Reg. 551/07, s. 1 (5, 6).

Trainers

6.  This Regulation does not apply to or affect trainers for athletic or sporting clubs or associations so long as they confine their services to members of such clubs or associations during their training or playing season. R.R.O. 1990, Reg. 278, s. 6.

Registration

7.  (1)  Every drugless practitioner shall register with the Board. R.R.O. 1990, Reg. 278, s. 7 (1).

(2)  Applications for registration shall be in writing on a form approved by the Board, verified by affidavit and accompanied by the prescribed fee and shall set forth,

(a) classification under which registration is desired;

(b) preliminary education of the applicant prior to admission to college of graduation;

(c) name and post office address of the college of graduation;

(d) actual time of attendance at lectures in the college of graduation, subjects taught and the number of lecture hours devoted to each subject;

(e) references to character, professional status and efficiency in practice; and

(f) any other information required by the Board. R.R.O. 1990, Reg. 278, s. 7 (2); O. Reg. 549/99, s. 3 (1).

(3)  A registration shall expire at the end of every registration year and the Board shall renew the registration on the first day of the following registration year. O. Reg. 549/99, s. 3 (2).

8.  (1)  An applicant for registration as a drugless therapist who applies in accordance with subsection 7 (2) and who pays the required fee under clause 5 (1) (b) shall be registered as an active registrant. O. Reg. 549/99, s. 4.

(2)  An applicant for registration as a drugless therapist who does not engage in the practice of drugless therapy and who applies in accordance with subsection 7 (2) and pays the fee required under clause 5 (1) (a) may, upon request, be registered as an inactive registrant. O. Reg. 549/99, s. 4.

(3)  A person who is registered as an inactive registrant shall not engage in the practice of drugless therapy in Ontario. O. Reg. 549/99, s. 4.

9.  (1)  If a registrant fails to pay his or her annual renewal on or before February 28, the Board may suspend his or her registration by giving the registrant at least 60 days written notice of the suspension. O. Reg. 549/99, s. 5.

(2)  Where a drugless therapist’s registration is suspended under subsection (1) and the therapist applies for registration two years or less after the date of the suspension, the Board shall lift the suspension and register the therapist if he or she pays the annual renewal fee of $1350 in accordance with clause 5 (5) (b). O. Reg. 549/99, s. 5; O. Reg. 551/07, s. 9 (1).

(3)  Where a drugless therapist’s registration is suspended under subsection (1) and the therapist applies for registration more than two years after the date of the suspension, the Board shall lift the suspension and register the therapist if he or she,

(a) submits an application for registration to the Board on a form approved by the Board;

(b) successfully completes such evaluations as may be set or approved by the Board;

(c) successfully completes such continuing education courses as may be required by the Board; and

(d) pays the annual renewal fee of $1350 in accordance with clause 5 (5) (b). O. Reg. 549/99, s. 5; O. Reg. 551/07, s. 9 (2).

(4)  A drugless therapist who has been registered as an inactive registrant for two years or less may resume active practice if he or she applies for and is registered as an active registrant and pays the renewal fee of $900 under clause 5 (5) (a). O. Reg. 549/99, s. 5; O. Reg. 551/07, s. 9 (3).

(5)  A drugless therapist who is registered as an inactive registrant for more than two years may resume active practice if he or she,

(a) submits an application for renewal of registration as an active registrant to the Board on a form approved by the Board;

(b) successfully completes such evaluations as may be set or approved by the Board;

(c) successfully completes such continuing education courses as may be required by the Board; and

(d) pays the annual renewal fee of $900 in accordance with clause 5 (5) (a). O. Reg. 549/99, s. 5; O. Reg. 551/07, s. 9 (4).

10.  Revoked: O. Reg. 549/99, s. 6.

11.  Any person who commences a course of instruction for the purpose of qualifying to practise as a drugless practitioner shall, within thirty days from the commencement of such a course, register in the office of the secretary of the Board stating what course he or she is taking but the Board may extend the time for registration. R.R.O. 1990, Reg. 278, s. 11.

12.  The Board may make reciprocal arrangements with other bodies, councils or boards governing drugless practitioners in jurisdictions outside Ontario, under which the qualifications to practise in such jurisdiction may be recognized as qualifications to practise in Ontario, and qualifications to practise in Ontario may be recognized as qualifications to practise in such jurisdiction. R.R.O. 1990, Reg. 278, s. 12.

13.  (1)  The Board may, in its absolute discretion and in such circumstances and on such conditions as it considers advisable, remit all or part of the registration and renewal fees of any registrant who has lost his or her eyesight. R.R.O. 1990, Reg. 278, s. 13 (1).

(2)  The Board may, in its absolute discretion, remit all or part of the renewal fees of any registrant who, by reason of physical disability, illness or absence from Ontario, discontinues practise in Ontario for a period of not less than one year. R.R.O. 1990, Reg. 278, s. 13 (2).

Examinations

14.  (1)  Every applicant for registration shall successfully complete the following examinations:

1. Examinations set by the Board in acupuncture, instrumentation, manipulation and jurisprudence.

2. In the case of applicants who have graduated from a school of naturopathy, the Naturopathic Physicians Licensing Examinations administered by the North American Board of Naturopathic Examiners.

3. In the case of applicants who have graduated from a school of drugless therapy, examinations approved by the Board in anatomy, histology, physiology, bacteriology, chemistry, hygiene and sanitation, diagnosis, symptomatology, pathology and other examinations approved by the Board relating to principles of practice, technique and treatment for drugless therapy. O. Reg. 469/00, s. 1.

(2)  The Board shall set a time for the writing of examinations referred to in paragraph 1 of subsection (1) at least once a year. O. Reg. 469/00, s. 1.

15.  Every applicant for registration shall pay a fee of $75 to write the examinations referred to in paragraph 1 of subsection 14 (1). O. Reg. 469/00, s. 1.

16.  (1)  No candidate is eligible to try any examination until his or her candidature has been approved by the Board. R.R.O. 1990, Reg. 278, s. 16 (1).

(2)  The approval may be given upon proof of the candidate having taken the proper course at any of the schools or colleges approved by the Board, or upon proof of such other course or courses of instruction, both in professional subjects and in academic or secondary subjects, as in each case is satisfactory to the Board. R.R.O. 1990, Reg. 278, s. 16 (2).

17.-29.  Revoked: O. Reg. 469/00, s. 2.

Discipline

30.  (1)  The certificate of registration of any drugless practitioner may, after due enquiry by the Board, be either suspended or cancelled for incompetence, misconduct or breach of this Regulation. R.R.O. 1990, Reg. 278, s. 30 (1).

(2)  Any drugless practitioner against whom an allegation of misconduct, incompetence, or breach of this Regulation is made, shall be notified by registered mail, addressed to the practitioner at the address under which the practitioner is registered, giving notice to the practitioner of the time and place at which the Board will convene for the purpose of determining whether or not he or she has been guilty of the alleged misconduct, incompetence or breach of this Regulation. R.R.O. 1990, Reg. 278, s. 30 (2).

31.  No drugless practitioner registered under the Act shall display any sign, bill, poster or placard holding himself or herself out or advertising as a drugless therapist, unless the certificate of registration issued by the Board specifies that such person is registered as a drugless therapist. R.R.O. 1990, Reg. 278, s. 31.

32.  No registrant shall use the words “drugless practitioner” as an occupational designation but may describe himself or herself only in the terms of the classification in which he or she is registered. R.R.O. 1990, Reg. 278, s. 32.

33.  No drugless practitioner shall publish or cause to be published in any newspaper, telephone directory, periodical, circular or in any other printed matter, any notice or advertisement containing anything other than his or her name, address, telephone number, office hours, professional titles and type of services rendered, without first submitting the proposed notice or advertisement to the Board, which may grant or refuse permission to publish such notice or advertisement. R.R.O. 1990, Reg. 278, s. 33.

34.  A registrant using or causing to be used advertising matter that contains misstatements, falsehoods, misrepresentations, distorted or fabulous statements as to cures by any method of treatment used by the registrant or as to the registrant’s training, qualifications or attainments, shall be deemed to be guilty of misconduct within the meaning of this Regulation. R.R.O. 1990, Reg. 278, s. 34.

Investigation of Complaints

35.  (1)  The Board may appoint an inspector for the purpose of investigating complaints registered against registrants under the Act or other persons not so registered. R.R.O. 1990, Reg. 278, s. 35 (1).

(2)  All complaints relating to registrants or unregistered persons shall be filed with the secretary-treasurer who shall make such further investigations as he or she deems necessary and report to the Board. R.R.O. 1990, Reg. 278, s. 35 (2).

(3)  The inspector shall be remunerated for his or her time and expenses as the Board may determine. R.R.O. 1990, Reg. 278, s. 35 (3).

Cheques

36.  All cheques of the Board shall be signed by the chair or vice-chair and secretary-treasurer. R.R.O. 1990, Reg. 278, s. 36.

Salaries

37.  Each member of the Board shall be paid a daily allowance of $150 together with the member’s necessary travelling and living expenses while actually engaged on the business of the Board. R.R.O. 1990, Reg. 278, s. 37.

Auditors

38.  The accounts of the Board shall be audited by a chartered accountant annually. R.R.O. l990, Reg. 278, s. 38.

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