Frequently Asked Questions
Re: Regulatory Framework
- What does the Traditional Chinese Medicine Act, 2006 (TCM Act) do?
- What is the role of the transitional Council?
- Who sits on the transitional Council?
- What is the role of the transitional Registrar?
- What is the College?
Re: Registration and Membership
- When do I need to register as a member of the College (CTCMPAO)?
- I have heard that some organizations are holding examinations, claiming that passing their
examinations would lead to registration with the College. Is this true? - Now that Bill 50 has received Royal Assent, can I claim to be a regulated health professional?
- I was a practising traditional Chinese medicine (TCM) doctor in China before moving my practice to Canada; can I still use the “doctor” title in Ontario?
- What will happen if I do not register with CTCMPAO?
- What qualifications do I need to be a member of CTCMPAO?
- How do I register with CTCMPAO?
- Will CTCMPAO be grandparenting current practitioners?
- Will CTCMPAO offer registration examinations and what languages will be used for such
examinations? - Will every CTCMPAO member be required to practise in English or French?
- Does membership in an association mean automatic registration with CTCMPAO?
- When registration becomes mandatory, how will CTCMPAO deal with students who are in the
middle of their educational program? - I would like to enrol in a TCM program; how can I be sure that the program is recognized and my rights will be protected?
- As an acupuncturist, will the Ontario Health Insurance Plan cover my services at a TCM clinic?
Re: Regulatory Framework
What does the Traditional Chinese Medicine Act, 2006 (TCM Act) do?
The 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.
It 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;
And it empowers:
- Appointment of the transitional Council and Registrar by the Lieutenant Governor in Council;
- The transitional Council and Registrar to do anything that is necessary to implement the TCM Act, 2006 and the Regulated Health Professions Act, 1991 (RHPA).
What is the role of the transitional Council?
During the transitional period, the transitional Council is responsible for establishing 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. It will:
- Set registration/entry to practice requirements to ensure that only qualified and competent individuals are registered as members;
- Maintain a public register of members to provide information about practitioners who are qualified to practice in Ontario (including confirmation of membership, practice address, terms, limits and conditions placed on members’ certificates of registration, previous suspensions and revocations) to enable the public to make an informed choice in health care providers;
- Establish a quality assurance program to ensure that registered members are keeping up-to-date and continue to improve their competence. The program shall include continuing education, self, peer and practice assessments;
- Develop and establish the standards of practice for the profession to ensure that members practise only in those areas where they are competent and are meeting the standards set by the College;
- Operate an effective complaints and discipline system to ensure that public complaints are heard and, if necessary, members are disciplined;
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- Promote inter-professional collaboration to ensure sharing and collaboration with other health profession colleges in the development of policies and/or standards that impact other health professions;
- Undertake other tasks necessary to regulate the profession, such as defining professional misconduct, conflict of interest, code of ethics, by-laws and other activities fundamental to regulating a profession.
Who sits on the transitional Council?
The transitional Council is comprised of individuals appointed by the Lieutenant Governor in Council with expertise, clinical or academic, in the practice of TCM, health professional regulation, health sector or public administration. Persons with a demonstrated interest or experience in public service may also be appointed.
Selection of an individual for appointment to the transitional Council is based on the person’s expertise, knowledge and experience. Each is expected to serve in his/her individual capacity rather than as a representative of any organizations or any interest/advocacy group to which they may belong. Members may be appointed for a one or two year term. They may be reappointed.
The transitional Council is time limited. It exists until it has developed a framework to permit the College to fully undertake its regulatory functions. At that time the transitional Council will cease to exist and the regular Council of the College will be established.
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.
It is NOT an educational institution or an advocacy association.
Under the Ontario law, CTCMPAO regulates the profession of traditional Chinese medicine, including acupuncturists, in the public interest. It is the ONLY organization that assesses applicants and determines 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 assess and/or certifying individuals’ competencies for the purpose of practising TCM in Ontario.
Re: Registration and Membership
When do I need to register as a member of the College (CTCMPAO)?
You must register with CTCMPAO when the Traditional Chinese Medicine Act, 2006 is in full force. At that time, you cannot practice traditional Chinese medicine, or even hold yourself out as qualified to practise traditional Chinese medicine unless you are registered as a member of CTCMPAO.
Before the College can begin registration of members, the transitional Council must develop the registration regulation. You will be kept updated on progress. The College will work with you and other stakeholders to facilitate a smooth transition while ensuring the rights of the public to safe, effective and ethical care from TCM practitioners.
Please take note that current TCM business practices will change as the College prepares to assume regulation of the profession and full implementation of the Traditional Chinese Medicine Act, 2006. Practitioners are encouraged to pay close attention to the activities of the College announced on this website to prepare for eventual registration as a member of the College. You may also wish to contact the College from time to time by phone, email or mail.
I have heard that some organizations are holding examinations, claiming that passing their examinations would lead to registration with the College. Is this true?
No, this claim is false as CTCMPAO has not yet set the requirements for registration with the College.
At least one organization is using an examination and the federal Trade-Marks Act to market trademarks that are similar to the lawfully protected titles that only members of CTCMPAO may use. This activity is currently subject to a legal proceeding before the Federal Court brought by the regulatory body in British Columbia (College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia). Please see their website for more information. (http://www.ctcma.bc.ca/press.asp?id=5)
Now that Bill 50 has received Royal Assent, can I claim to be a regulated health professional?
No. You can make that claim only when you are registered with CTCMPAO as a member.
I was a practising traditional Chinese medicine (TCM) doctor in China before moving my practice to Canada; can I still use the “doctor” title in Ontario?
At this time, practitioners of TCM cannot use the “doctor” title, a variation or abbreviation or an equivalent in another language when providing or offering to provide health care in Ontario.
Currently, under section 33 of the Regulated Health Professions Act, 1991 (RHPA), no one is allowed to use the title “doctor”, its variation or abbreviation or an equivalent in another language when providing or offering to provide health care in Ontario, unless he/she is a member of:
- the College of Chiropractors of Ontario;
- the College of Optometrists of Ontario;
- the College of Physicians and Surgeons of Ontario;
- the College of Psychologists of Ontario; or
- the Royal College of Dental Surgeons of Ontario.
A person who breaches section 33 may be prosecuted in the Provincial Offences Act Court. If the person is convicted, he/she 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.
However, the Traditional Chinese Medicine Act, 2006, amended section 33 of the RHPA to allow certain members of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario (CTCMPAO) to use the “doctor” title. In this regard, the transitional Council of the CTCMPAO shall draft regulations to prescribed standards and qualifications of members who may use the “doctor” title. Until the Traditional Chinese Medicine Act, 2006 is proclaimed into force and the regulations are made, the title “doctor” cannot be used.
*To see the full text of section 33 of the RHPA, please visit:
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_91r18_e.htm
What will happen if I do not register with CTCMPAO?
At that time, it will be illegal for you to communicate a traditional Chinese medicine diagnosis, to perform acupuncture or practise TCM unless you are registered as a member of CTCMPAO with the appropriate certificate. Anyone found guilty could face a fine of not more than $25,000 for a first offence and up to $50,000 for subsequent offenses. One could also be imprisoned for one year, or be fined and imprisoned. These offense provisions are set out in the RHPA and are common to all regulated health professions.
Further, any person holding themselves out to be qualified to practice TCM or using the title “traditional Chinese medicine practitioner” or “acupuncturist”, a variation or abbreviation or an equivalent in another language while not being a member of CTCMPAO, or claim to be a “Doctor” of TCM while not certified by CTCMPAO, could face a fine of up to $25,000 for a first offense and up to $50,000 for subsequent offenses.
What qualifications do I need to be a member of CTCMPAO?
The transitional Council will consult with practitioners and stakeholders to establish qualifications, competence standards and other requirements for registration with CTCMPAO.
The College will keep practitioners up-to-date on developments to make sure that you are aware of the requirements and have enough time to prepare for registration.
How do I register with CTCMPAO?
The transitional Council will advise you of the standards, procedures, fees, documentation and other requirements necessary for registration application. CTCMPAO will work on making sure that the registration process is fair and efficient while keeping public protection as the primary goal.
Will CTCMPAO be grandparenting current practitioners?
The transitional Council will be working on how to register current practitioners and students who are currently enrolled in educational programs. Until the Council completes its work, it is not known what these requirements may be. Public safety, however, will be the number one priority when it comes to considering policies on grandparenting.
Will CTCMPAO offer registration examinations and what languages will be used for such examinations?
The transitional Council will consider and determine whether registration examinations will be needed and if necessary, in what format and languages.
The transitional Council, in consultation with practitioners and stakeholders, will look into this matter. Reasonable fluency in English or French, however, is important since it is necessary for communication with other health care professionals, hospitals, community health institutions and to understand the laws governing the health care system in Ontario and Canada.
Does membership in an association mean automatic registration with CTCMPAO?
No, membership to an association will not mean automatic registration with CTCMPAO. Registration is based on whether an individual practitioner meets the College’s registration qualification, competence standards and other requirements.
When registration becomes mandatory, how will CTCMPAO deal with students who are in the middle of their educational programs?
The transitional Council will be working on how it approaches the registration of students who are in the middle of their programs. Until their work is completed, it is not known what the requirements will be. The Council is required to consider public safety as the number one priority when considering registration issues.
I would like to enrol in a TCM program; how can I be sure that the program is recognized and my rights will be protected?
CTCMPAO is currently in a transition phase, which will last two to three years from the time the transitional Council was appointed. During this time, the transitional Council of CTCMPAO will be developing regulations and policies, including setting entry-to-practice requirements and standards of practice, in order to register TCM practitioners. Once the transitional Council completes this initial work, CTCMPAO will be able to evaluate the educational qualifications of individual applicants. Until then it is not possible to say which programs will be recognized.
Regarding the status and administration of a school, you may wish to contact the Ministry of Training, Colleges and Universities (MTCU) for advice, or visit its website at http://www.edu.gov.on.ca/eng/general/priv_programs.html for information on private career colleges. The MTCU oversees post-secondary education in Ontario and can be contacted at the following address:
Public Inquiries Unit
Ministry of Training, Colleges and Universities
2nd Floor, 880 Bay Street
Toronto, ON M7A 1N3
Tel: (416) 325-2929 or 1-800-387-5514
Fax: (416) 325-6348
Student Support Branch
Ministry of Training, Colleges and Universities
10th Floor Mowat Block
900 Bay Street
Toronto, ON M7A 1L2
Tel: 416-314-0500 or 1-866-330-23395
Fax: 416-314-0499
As an acupuncturist, will the Ontario Health Insurance Plan cover my services at a TCM clinic?
The regulation of a profession does not confer a duty on the government to pay for its services. Only a few of the 23 regulated health professions are funded by OHIP on a fee for service basis. Private insurance carriers may choose to cover these treatments and employers may provide benefits through extended health care plans. However, neither the Ministry of Health and Long-Term Care nor the College is involved in these decisions.
LAST UPDATE: October 20, 2008
©2009 Transitional Council of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario. All rights reserved.