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Naturopathy Act, 2007

S.O. 2007, CHAPTER 10
Schedule P

Consolidation Period: From December 15, 2009 to the e-Laws currency date.

Last amendment: 2009, c. 26, s. 17.

Definitions

1.  In this Act,

“College” means the College of Naturopaths 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”)

“member” means a member of the College; (“membre”)

“prescribed” means prescribed in the regulations; (“prescrit”)

“profession” means the profession of naturopathy; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”) 2007, c. 10, Sched. P, s. 1.

Note: Sections 2-11 come into force on a day to be named by proclamation of the Lieutenant Governor. See: 2007, c. 10, Sched. P, s. 21 (2).

Health Professions Procedural Code

2.  (1)  The Health Professions Procedural Code shall be deemed to be part of this Act. 2007, c. 10, Sched. P, s. 2 (1).

Same, interpretation

(2)  In the Health Professions Procedural Code, as it applies in respect of this Act,

“College” means the College of Naturopaths of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of naturopathy; (“profession”)

“regulations” means the regulations under this Act. (“règlements”) 2007, c. 10, Sched. P, s. 2 (2).

Definitions in Code

(3)  Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 2007, c. 10, Sched. P, s. 2 (3).

Scope of practice

3.  The practice of naturopathy is the assessment of diseases, disorders and dysfunctions and the naturopathic diagnosis and treatment of diseases, disorders and dysfunctions using naturopathic techniques to promote, maintain or restore health. 2007, c. 10, Sched. P, s. 3.

Authorized acts

4.  (1)  In the course of engaging in the practice of naturopathy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1. Putting an instrument, hand or finger beyond the labia majora but not beyond the cervix.

2. Putting an instrument, hand or finger beyond the anal verge but not beyond the rectal-sigmoidal junction.

3. Administering, by injection or inhalation, a prescribed substance.

4. Performing prescribed procedures involving moving the joints of the spine beyond the individual’s usual physiological range of motion using a fast, low amplitude thrust.

5. Communicating a naturopathic diagnosis identifying, as the cause of an individual’s symptoms, a disease, disorder or dysfunction that may be identified through an assessment that uses naturopathic techniques.

6. Taking blood samples from veins or by skin pricking for the purpose of prescribed naturopathic examinations on the samples. 2007, c. 10, Sched. P, s. 4 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by adding the following paragraph:

7. Prescribing, dispensing, compounding or selling a drug designated in the regulations.

See: 2009, c. 26, ss. 17 (1), 27 (2).

Additional requirements for authorized acts

(2)  A member shall not perform a procedure under the authority of subsection (1) unless the member performs the procedure in accordance with the regulations. 2007, c. 10, Sched. P, s. 4 (2).

Grounds for misconduct

(3)  In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (2). 2007, c. 10, Sched. P, s. 4 (3).

College established

5.  The College is established under the name College of Naturopaths of Ontario in English and Ordre des naturopathes de l’Ontario in French. 2007, c. 10, Sched. P, s. 5.

Council

6.  (1)  The Council shall be composed of,

(a) at least six and no more than nine persons who are members elected in accordance with the by-laws;

(b) at least five and no more than eight 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. 2007, c. 10, Sched. P, s. 6 (1).

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. 2007, c. 10, Sched. P, s. 6 (2).

President and Vice-President

7.  The Council shall have a President and a Vice-President who shall be elected annually by the Council from among the Council’s members. 2007, c. 10, Sched. P, s. 7.

Restricted titles

8.  (1)  No person other than a member shall use the title “naturopath”, a variation or abbreviation or an equivalent in another language. 2007, c. 10, Sched. P, s. 8 (1).

Representations of qualification, etc.

(2)  No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a naturopath or in a specialty of naturopathy. 2007, c. 10, Sched. P, s. 8 (2).

Definition

(3)  In this section,

“abbreviation” includes an abbreviation of a variation. 2007, c. 10, Sched. P, s. 8 (3).

Notice if suggestions referred to Advisory Council

9.  (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. 2007, c. 10, Sched. P, s. 9 (1).

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. 2007, c. 10, Sched. P, s. 9 (2).

Offence

10.  Every person who contravenes subsection 8 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. P, s. 10.

Regulations

11.  Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

(a) prescribing standards of practice respecting the circumstances in which naturopaths shall make referrals to members of other regulated health professions;

(b) prescribing therapies involving the practice of naturopathy, governing the use of prescribed therapies and prohibiting the use of therapies other than the prescribed therapies in the course of the practice of naturopathy;

(c) governing the performance of a procedure under paragraphs 1 and 2 of subsection 4 (1) and prescribing the purposes for which, or the circumstances in which, the procedure may be performed;

(d) prescribing the substances that a member may administer by injection or inhalation for the purpose of paragraph 3 of subsection 4 (1) and prescribing the purposes for which, or the circumstances in which, the prescribed substances may be administered;

(e) prescribing procedures that may be performed under paragraph 4 of subsection 4 (1), governing the performance of the procedures and prescribing the purposes for which, or the circumstances in which, the prescribed procedures may be performed and prohibiting the performance of procedures other than the prescribed procedures;

(f) prescribing naturopathic examinations for the purposes of paragraph 6 of subsection 4 (1), prescribing the purposes for which, or the circumstances in which, the prescribed naturopathic examinations may be performed and prohibiting the performance of examinations other than the prescribed naturopathic examinations. 2007, c. 10, Sched. P, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 is amended by adding the following clause:

(g) designating the drugs that a member may prescribe, dispense, compound or sell for the purpose of paragraph 7 of subsection 4 (1), prescribing the purposes for which, or the circumstances in which, the designated drugs may be prescribed, dispensed, compounded or sold and prohibiting the prescribing, dispensing, compounding or selling of drugs other than the ones designated.

See: 2009, c. 26, ss. 17 (2), 27 (2).

Transition before certain provisions in force

12.  (1)  The Lieutenant Governor in Council may appoint a transitional Council. 2007, c. 10, Sched. P, s. 12 (1).

Certain members

(2)  Without restricting the generality of subsection (1), the Lieutenant Governor in Council shall appoint as members of the transitional Council every person who is a member of The Board of Directors of Drugless Therapy under the Drugless Practitioners Act on the day this section comes into force, and every person who subsequently becomes a member of that Board, and may set their terms of office for the purposes of this Act. 2007, c. 10, Sched. P, s. 12 (2).

Registrar

(3)  The Lieutenant Governor in Council may appoint a Registrar who may do anything that the Registrar may do under the Regulated Health Professions Act, 1991. 2007, c. 10, Sched. P, s. 12 (3).

Powers of transitional Council and Registrar

(4)  Before section 6 comes into force, the Registrar, the transitional Council and its employees and committees may do anything that is necessary or advisable for the implementation of this Act and anything that the Registrar, the Council, and its employees and committees could do under this Act. 2007, c. 10, Sched. P, s. 12 (4).

Same

(5)  Without limiting the generality of subsection (4), the transitional Council and the Registrar and the Council’s committees may accept and process applications for the issuance of certificates of registration, charge application fees and issue certificates of registration. 2007, c. 10, Sched. P, s. 12 (5).

Powers of the Minister

(6)  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. 2007, c. 10, Sched. P, s. 12 (6).

Transitional Council to comply with Minister’s request

(7)  If the Minister requires the transitional Council to do anything under subsection (6), the transitional Council shall, within the time and in the manner specified by the Minister, comply with the requirement and submit a report. 2007, c. 10, Sched. P, s. 12 (7).

Regulations

(8)  If the Minister requires the transitional Council to make, amend or revoke a regulation under clause (6) (b) and the transitional Council does not do so within 60 days, the Lieutenant Governor in Council may make, amend or revoke the regulation. 2007, c. 10, Sched. P, s. 12 (8).

Same

(9)  Subsection (8) does not give the Lieutenant Governor in Council authority to do anything that the transitional Council does not have authority to do. 2007, c. 10, Sched. P, s. 12 (9).

Expenses

(10)  The Minister may pay the transitional Council for expenses incurred in complying with a requirement under subsection (6). 2007, c. 10, Sched. P, s. 12 (10).

Note: Section 13 comes into force on a day to be named by proclamation of the Lieutenant Governor. See: 2007, c. 10, Sched. P, s. 21 (2).

Transition after certain provisions in force

13.  (1)  After section 6 comes into force, the transitional Council shall be the Council of the College if it is constituted in accordance with subsection 6 (1) or, if it is not, it shall be deemed to be the Council of the College until a new Council is constituted in accordance with subsection 6 (1). 2007, c. 10, Sched. P, s. 13 (1).

Registrar

(2)  After section 6 comes into force, the Registrar appointed by the Lieutenant Governor in Council shall be deemed to be the Registrar until a new Registrar is appointed by the Council constituted under subsection 6 (1). 2007, c. 10, Sched. P, s. 13 (2).

Transitional, certain members

(3)  A person who was registered to practise under the Drugless Practitioners Act by The Board of Directors of Drugless Therapy immediately before section 6 came into force shall be deemed to be a holder of a certificate of registration issued under this Act, subject to any term, condition, limitation, suspension or cancellation to which the person’s certificate of registration was subject. 2007, c. 10, Sched. P, s. 13 (3).

Same – investigation or discipline

(4)  Where, before section 6 comes into force, an investigation or proceeding respecting an allegation of misconduct, incompetence or other discipline matter was commenced under the Drugless Practitioners Act and its regulations by The Board of Directors of Drugless Therapy, on the day section 6 comes into force,

(a) the investigation or proceeding shall be taken up and continued under this Act so far as consistently may be;

(b) The Board of Directors of Drugless Therapy, as it existed immediately before the coming into force of section 6 shall be deemed to be the appropriate committee under this Act to deal with the investigation or proceeding until others are appointed in their stead; and

(c) in the recovery or enforcement of penalties and in the enforcement of rights existing under the Drugless Practitioners Act, the procedure established under this Act shall be followed so far as it may be adapted. 2007, c. 10, Sched. P, s. 13 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 13 is amended by adding the following subsection:

Same

(4.1)  Where, after section 6 comes into force, a complaint is filed with the Registrar regarding the actions or conduct of a member or an allegation is made that a member committed an act of professional misconduct or was incompetent or some other discipline matter is alleged, and the complaint or allegation relates to the time before section 6 came into force, when the member was a person registered to practise under the Drugless Practitioners Act,

(a) the procedure and any investigation or proceeding established under this Act and the Regulated Health Professions Act, 1991 applies respecting the member; and

(b) in the recovery or enforcement of penalties or sanctions, the Drugless Practitioners Act continues to apply despite its repeal. 2009, c. 26, s. 17 (3).

See: 2009, c. 26, ss. 17 (3), 27 (2).

Same – assets and liabilities

(5)  After section 6 comes into force, the assets owned by or under the management and control of, and the liabilities of The Board of Directors of Drugless Therapy under the Drugless Practitioners Act immediately before the coming into force are, without compensation, assets owned by or under the management and control and liabilities of the College. 2007, c. 10, Sched. P, s. 13 (5).

14.-20.  Omitted (amends or repeals other Acts). 2007, c. 10, Sched. P, ss. 14-20.

21.  Omitted (provides for coming into force of provisions of this Act). 2007, c. 10, Sched. P, s. 21.

22.  Omitted (enacts short title of this Act). 2007, c. 10, Sched. P, s. 22.

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