The Naturopathy and Homeopathy Act 2006

Thursday, September 28, 2006

SCHEDULE P: NATUROPATHY AND HOMEOPATHY ACT, 2006

The Naturopathy and Homeopathy Act, 2006, promotes the principles of public protection

and patient safety, informed choice relating to health care practitioners, quality health

care services and accountability for practitioners within the professions of Naturopathy

and Homeopathy.

Naturopathy is currently regulated under the Drugless Practitioners Act which was

enacted in 1925 and which had public protection as its objective but which does not

contain as robust a set of public protection mechanisms as those found under the

Regulated Health Professions Act, 1991 under which the new Naturopathy and

Homeopathy Act, 2006 will be established. The creation of this new Act will mean that

the Drugless Practitioners Act will be repealed. Regulations created under that Act will be

revoked.

Homeopathy is currently an unregulated profession in Ontario; no restrictions exist about

who may call themselves a Homeopath or who may practice the profession. Ontarians

receiving homeopathic services at present have no reliable way of knowing which

practitioners possess the appropriate competencies and training required for safe

practice.

The Naturopathy and Homeopathy Act, 2006, creates two new regulated health

professions, the profession of Naturopathy and the profession of Homeopathy and a new

self-financing, non-profit regulatory body to govern both professions, the College of

Naturopaths and Homeopaths of Ontario, with the statutory authority to govern members

of the profession. Regulatory Colleges such as this one serve the public interest by:

• Regulating the practice of the profession and governing their members in accordance

with the legislation;

• Setting registration requirements for entry to practice into the profession;

• Developing and maintaining quality assurance programs that promote the continuing

competence of members; of certain health care practices over others. Through the legislative scheme, the public is

protected and informed consumer choice facilitated by assuring the public that regulated

health care practitioners are qualified to practice in their particular profession and, in the

event of complaints, abuse or harm, recourse is available through the College’s

complaints and discipline system.

• Developing standards of practice that establish how members do their jobs in an

effective, safe and ethical manner;

• Assisting individuals to exercise their rights under the Regulated Health Professions

Act, 1991 (RHPA);

• Implementing complaints and discipline processes; and

• Fulfilling any other objects relating to human health care that the College council

considers desirable.

The new Act is established under the RHPA whose primary objectives include the

protection of the public from incompetent and unqualified individuals and the promotion of

informed consumer choice through a system of scope of practice statements, controlled

acts, protected titles, standards of practice and complaints and discipline processes.

This new Act, like the existing health profession-specific Acts, establishes the College

with a governing Council comprising a majority of elected professional members and a

minority of publicly appointed individuals. Like the others, the new Act deems the Health

Professions Procedural Code, which is Schedule 2 to the RHPA, to be part of the Act.

Under the new Act, the scope of practice of Naturopathy is the assessment of disorders

and dysfunctions and treatment using naturopathic techniques to promote, maintain or

restore health.

Also under the new Act, the scope of practice for Homeopathy is the assessment of body

system disorders and treatment using homeopathic techniques to promote, maintain or

restore health.

The new Act restricts the use of the titles, “naturopath”, “drugless therapist” and

“homeopath” to members of the College. No person other than a member may hold

themselves out as qualified to practice in Ontario as a naturopath, drugless therapist or

homeopath. Anyone who contravenes these requirements is guilty of an offence and on

conviction is liable to a maximum fine of $25,000 for a first offence and a maximum of

$50,000 for a subsequent offence.

The new Act also authorizes naturopaths to perform the following controlled acts

(activities that when performed by unqualified practitioners may put the public at

substantial risk and are therefore “controlled” for use by legislation)

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 movements of 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 that may be identified through an

assessment using naturopathic techniques, including assessing the individual’s

lifestyle, environmental and nutritional history.

6. Taking blood samples from veins or by skin pricking for prescribed naturopathic

examinations.

Naturopaths may only perform these acts in accordance with the regulations. The

College Council, with Ministerial review and the approval of the Lieutenant Governor in

Council, may make regulations under the new Act:

(a) prescribing standards of practice respecting the circumstances in which naturopaths

must 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;

must make referrals to members of other regulated health professions;

(d) prescribing therapies involving the practice of homeopathy, governing the use of

prescribed therapies and prohibiting the use of therapies other than the prescribed

therapies in the course of practice of homeopathy;

(e) governing the performance of controlled acts and prescribing the purposes for which,

or the circumstances in which, the procedure may be performed or where

appropriate, prohibiting the performance of procedures other than those prescribed;

(f) prescribing naturopathic examinations and the purposes for which or the

circumstances in which the prescribed examinations may be performed and

prohibiting examinations other than those that are prescribed.

Transitional provisions in the new Act provide for the appointment of the College

Registrar and Council by the Lieutenant Governor in Council. The transitional Council

and the Registrar may do anything that is necessary or advisable for the implementation

of the Act and anything that they could do once the Act is in force. During the transition

period, the Minister may review the transitional Council’s activities, require it to make,

amend or revoke a regulation and do anything that is necessary or advisable to carry out

the intent of the new Act and the RHPA.

After the transition period, the transitional Council shall be the College Council if it is

constituted in accordance with the Act, or if it is not, it shall be deemed to be the Council

until a new Council is constituted in accordance with the provisions of the Act.

The Bill amends other Acts, including the following:

(a) the Regulated Health Professions Act, 1991 to allow certain members of the

College to use the title, “doctor”;

(b) the Health Care Consent Act, 1996 to include Naturopath within its definition of a

“Health Practitioner” for the administration of that Act

(d) the Health Protection and Promotion Act to include Naturopath within its definition

of a “Health Practitioner” for certain disease reporting;

(e) the Laboratory and Specimen Collection Centre Licensing Act to add “medical” to

the term, “medical diagnosis, prophylaxis and treatment” within the definitions of

“laboratory” and “specimen collection centre”;

(f) the Personal Health Information Protection Act, 2004 to include Naturopath within

its definition of a “Health Care Practitioner” for the administration of that Act.

The Ontario legislative framework for regulated health professions is not intended to

judge or compare the value of one health care profession over another or test the theory

of certain health care practices over others. Through the legislative scheme, the public is

protected and informed consumer choice facilitated by assuring the public that regulated

health care practitioners are qualified to practice in their particular profession and, in the

event of complaints, abuse or harm, recourse is available through the College’s

complaints and discipline system.

http://www.health.gov.on.ca/english/public/legislation/hsib/pdf/compendium.pdf