Drugless Practitioners Act
R.S.O. 1990, Chapter D.18
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document. For more current amendment information, see the Table of Public Statutes
(Legislative History).
No Amendments.
Definitions
1. In this Act,
“Board” means the Board of Regents; (“bureau”)
Conception
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“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).
Term of office
(2) The members of a board of directors 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. 3 (2).
Vacancies
(3) Every vacancy on a board of directors 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.
3 (3).
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 theVital
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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