Regulation FAQs
What does the Traditional Chinese Medicine Act, 2006 (TCM Act) do?
The TCM Act establishes the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario (CTCMPAO) that will be responsible for governing the profession to ensure the public is protected and the public interest is served.
During the transition period, the Act empowers:
- The Lieutenant Governor in Council to appoint the Transitional Council and the Registrar;
- The Transitional Council and Registrar to do anything that is necessary to establish the College of Traditional Chinese Medicine Practitioners of Ontario (CTCMPAO), to implement the TCM Act, 2006, its regulations and the Regulated Health Professions Act, 1991(RHPA).
It also sets out:
- The scope of practice of traditional Chinese medicine (TCM);
- The controlled acts that TCM practitioners and acupuncturists are authorized to perform;
- Title protection authorizing only members of the CTCMPAO to use the titles “traditional Chinese medicine practitioner” or “acupuncturist”, a variation or abbreviation or an equivalent in another language;
- The composition of the College Council after transition; and
- The Council’s authority to make regulations, including the regulation on “Doctor” title.
What is the role of the transitional Council?
The transitional Council is responsible for drafting regulations, policies, standards and setting up operational structures to establish the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario. It also exercises the powers of a council of a health regulatory college. It carries out the statutory objectives of a college to serve and protect the public interest as set out in the TCM Act, 2006, the RHPA, 1991 and the Health Professions Procedural Code.
During this transitional period, the Minister of Health and Long-Term Care 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 TCM Act and the RHPA.
Who sits on the transitional Council?
The transitional Council is comprised of individuals appointed by the Lieutenant Governor in Council with experience in health professional regulation, health sector or public administration. Persons with a demonstrated experience to serve in public interest may be appointed.
The number of members to be appointed to the Transitional Council is at the discretion of government. Each member is expected to serve in his/her individual capacity rather than as a representative of a professional advocacy group to which he/she may belong. Members may be appointed for a one or two year term. They may be reappointed.
Is the Transitional Council the same as the Council of the College?
The transitional Council is time limited. It exists before section 6 of the TCM Act comes into force. It exists until it has developed a framework to permit the College to register members and to fully undertake its regulatory functions. At that time the transitional Council will cease to exist.
The Council of the College shall comprise 6-9 professional members elected in accordance with the by-laws and 5-8 public members appointed by the Lieutenant Governor in Council.
What is the role of the transitional Registrar?
The transitional Registrar is the Chief Executive Officer of the College, reporting to the transitional Council and the Ministry of Health and Long-Term Care (MOHLTC) and supporting the transitional Council in developing and implementing policies, by-laws and regulations governing the practice of TCM. The transitional Registrar is also responsible for the day-to-day operations of the College and has statutory duties under the RHPA, 1991.
A College regulates the practice of the health profession that it is to govern according to its profession specific Act and regulations, the Health Professions Procedural Code, the Regulated Health Professions Act, 1991, its regulations and by-laws.
Distinct from a professional or advocacy association that protects the interest of its own members, the mandate of a College is to serve and protect the public interest.
The CTCMPAO is the College that regulates the practice of traditional Chinese medicine in the public interest. It is the ONLY organization legally authorized by the Ontario government to evaluate applicants and determine who is qualified to practise traditional Chinese medicine in Ontario.
Any organization that falsely holds itself out as a body that regulates individuals in TCM practice would be liable to a fine of not more than $50,000 for a first offence and not more than $200,000 for a second or subsequent offence. This includes organizations claiming to evaluate and/or certify individuals’ for the purpose of practising TCM in Ontario.
