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Drugless Practitioners Act

R.S.O. 1990, CHAPTER D.18

Consolidation Period: From June 4, 2007 to the e-Laws currency date.

Last amendment: 2007, c. 10, Sched. P, s. 14 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, this Act is repealed by the Statutes of Ontario, 2007, chapter 10, Schedule P, section 14 (1). See: 2007, c. 10, Sched. P, ss. 14 (1), 21 (2).

Definitions

1.  In this Act,

“Board” means the Board of Regents; (“bureau”)

“drugless practitioner” means a person who practises the treatment of any ailment, disease, defect or disability of the human body by manipulation, adjustment, manual or electro-therapy or by any similar method; (“praticien ne prescrivant pas de médicaments”)

“regulations” means the regulations made under this Act. (“règlements”) R.S.O. 1990, c. D.18, s. 1.

Board of Regents

2.  (1)  The Board of Regents established under The Drugless Practitioners Act, 1925, being chapter 49, is continued under the name Board of Regents in English and bureau des administrateurs in French, and shall be composed of five persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. D.18, s. 2 (1).

Term of office

(2)  Every member of the Board shall hold office for a period of two years, but any member is eligible for reappointment at the expiration of the term of office. R.S.O. 1990, c. D.18, s. 2 (2).

Vacancies

(3)  Every vacancy on the Board caused by the death, resignation or incapacity of a member shall be filled by the appointment of a person to hold office for the remainder of the term of such member. R.S.O. 1990, c. D.18, s. 2 (3).

Officers

(4)  The Lieutenant Governor in Council shall designate from time to time one of the members to be chair, one to be vice-chair and one to be secretary-treasurer of the Board. R.S.O. 1990, c. D.18, s. 2 (4).

Boards of directors

3.  (1)  The Lieutenant Governor in Council may appoint a board of directors for one or more classifications of drugless practitioners to be composed of not fewer than three and not more than five members and to be known in English as the Board of Directors of (inserting the classification or classifications) and in French as Conseil d’administration des (inserting the classification or classifications). R.S.O. 1990, c. D.18, s. 3 (1).

(2), (3)  Repealed: 2006, c. 34, s. 30.

Officers

(4)  The Lieutenant Governor in Council may designate one of the members to be chair, one to be vice-chair and one to be secretary-treasurer of a board of directors. R.S.O. 1990, c. D.18, s. 3 (4).

Regulations

4.  The Lieutenant Governor in Council may make regulations classifying persons admitted to practise under this Act and for prescribing the systems of treatment that may be followed by drugless practitioners of different classes. R.S.O. 1990, c. D.18, s. 4.

Board of Regents replaced

5.  (1)  When a board of directors has been appointed, the Board of Regents shall cease to act with respect to the classification or classifications of drugless practitioners for which the board of directors is appointed, and the provisions of this Act with respect to the Board of Regents apply with necessary modifications to the board of directors so appointed. R.S.O. 1990, c. D.18, s. 5 (1).

Powers of boards of directors

(2)  A board of directors may exercise with respect to the classification or classifications of drugless practitioners for which it is appointed all the powers that the Board of Regents would have, if the board of directors had not been appointed. R.S.O. 1990, c. D.18, s. 5 (2).

Regulations

6.  The Board, with the approval of the Lieutenant Governor in Council, may make regulations,

(a) for the examination and admission of drugless practitioners to practise in Ontario and for the registration of persons so admitted and prescribing the fees to be paid on examination and registration;

(b) prescribing the qualifications of persons so to be admitted and the proofs to be furnished as to education, good character and experience;

(c) for maintaining a register of persons admitted to practise and providing for the annual renewal of registration and prescribing the fee therefor;

(d) prescribing the discipline and control of registered drugless practitioners, including the prohibition or control of advertising by or on behalf of such persons;

(e) for classifying persons admitted to practise under this Act and for prescribing the systems of treatment that may be followed by drugless practitioners of different classes;

(f) for designating the manner in which a person registered under this Act may describe his or her qualification or occupation and prohibiting the use of a title, affix or prefix that in the opinion of the Board is calculated to mislead the public as to the qualification of any such person and for allowing the use of any affix or prefix not forbidden by Part III of the Health Disciplines Act that in the opinion of the Board will correctly describe the qualification or occupation of such person;

(g) for the investigation of any complaint that a registered drugless practitioner has been guilty of misconduct or displayed such ignorance or incompetence as to render it desirable in the public interest that his or her registration should be cancelled or suspended;

(h) for the cancellation or suspension of the registration of any person found by the Board to be guilty of misconduct or to have been ignorant or incompetent;

(i) providing for the employment by the Board of such persons and services as may be required and for the payment of such persons and for such services;

(j) providing for the payment of a daily allowance and an allowance for travelling and living expenses to members of the Board while engaged on business of the Board;

(k) providing for the investment of the surplus revenue of the Board;

(l) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. D.18, s. 6.

Act does not authorize practice of medicine

7.  Nothing in this Act or the regulations authorizes a person, not being so expressly authorized under a general or special Act of the Legislature, to prescribe or administer drugs for use internally or externally or to use or direct or prescribe the use of anaesthetics for any purpose whatsoever or to practise surgery or midwifery. R.S.O. 1990, c. D.18, s. 7.

Penalty for unauthorized practice

8.  Every person who is not registered as a drugless practitioner under this Act or whose registration has been cancelled or is under suspension, who practises or holds himself, herself or itself out as practising as a drugless practitioner within the meaning of this Act, or advertises or uses or affixes any prefix to his, her or its name signifying that he, she or it is qualified to practise as a drugless practitioner within the meaning of this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000 and on conviction for a subsequent offence within a period of two years after the first conviction shall be imprisoned for a term of not more than three months. R.S.O. 1990, c. D.18, s. 8.

Proof of registration

9.  (1)  In all cases where proof of registration under this Act is required, the production of a printed or other copy of the register, certified under the hand of the secretary-treasurer of the Board, is sufficient evidence of all persons who are registered practitioners in lieu of the production of the original register, and any certificate upon such printed or other copy of the register purporting to be signed by a person in the capacity of secretary-treasurer of the Board under this Act is proof, in the absence of evidence to the contrary, that such person is the secretary-treasurer without any proof of his or her signature or of his or her being in fact the secretary-treasurer. R.S.O. 1990, c. D.18, s. 9 (1).

Evidence of non-registration

(2)  The absence of the name of a person from such copy is proof, in the absence of evidence to the contrary, that such person is not registered under this Act. R.S.O. 1990, c. D.18, s. 9 (2).

Omission of name from copy

(3)  In the case of a person whose name does not appear in such copy, a certified copy under the hand of the secretary-treasurer of the entry of the name of such person on the register is evidence that such person is registered under this Act. R.S.O. 1990, c. D.18, s. 9 (3).

Saving

10.  Nothing in this Act applies to or affects,

(a) the practice of any profession or calling by any person practising it under any general or special Act of the Legislature;

(b) any nurse acting in the absence of, or 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) persons treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom. R.S.O. 1990, c. D.18, s. 10.

Compliance with other statutes not affected

11.  Nothing in this Act or the regulations shall be taken or deemed to relieve any person from complying with the Health Protection and Promotion Act or the Vital Statistics Act or from any legal duty to provide for the treatment of any person by a legally qualified medical practitioner. R.S.O. 1990, c. D.18, s. 11.

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