The Regulated Health Professions Act, 1991 (RHPA), which came into force on December 31, 1993, and amended in June 2007, provides a common legislative framework under which all regulated health professions in Ontario must function. Currently 28 health professions are regulated under the RHPA.

The underlying objectives of the RHPA are:

• To protect the public from harm and from unqualified, incompetent or unfit providers;
• To promote safe high quality care;
• To make regulated health professions accountable to the public;
• To provide patients/clients access to health care professionals of their choice;
• To achieve equality and consistency by requiring all regulated health professions adhere to the same purposes, procedures and public interest principles;
• To treat individual patients/clients and health professionals in an equitable manner.

It assigns duties and responsibilities to:

• The Minister of Health and Long-Term Care;
• The Colleges that regulate health professions;
• The Health Professions Regulatory Advisory Council; and
• The Health Professions Appeal and Review Board.

The RHPA also identified “controlled acts” that only qualified persons of regulated health professions are authorized to perform as these activities could cause harm to the public. Members of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario are authorized to perform two controlled acts which are defined in the Traditional Chinese Medicine Act, 2006.

Every regulated health profession in Ontario has, in addition to the Regulated Health Professions Act, 1991 (RHPA), a profession specific Act which establishes a regulatory college responsible for governing the profession to ensure the public is protected. The Traditional Chinese Medicine Act, 2006 (TCM Act) establishes the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario.

It sets out:

• The scope of practice of traditional Chinese medicine (TCM), “...the assessment of body system disorders through traditional Chinese medicine techniques and treatment using traditional Chinese medicine therapies to promote, maintain or restore health”;
• The “controlled acts” that members of the College are authorized to perform, namely:
• Performing a procedure on tissue below the dermis and below the surface of a mucous membrane for the purpose of performing acupuncture;
• Communicating a traditional Chinese medicine diagnosis identifying a body system disorder as the cause of a person’s symptoms using traditional Chinese medicine techniques.
• Title protection, authorizing only members of the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario the use of the titles “traditional Chinese medicine practitioner” or “acupuncturist”, a variation or abbreviation or an equivalent in another language (Doctor title authorization is found in the RHPA);
• The composition of the College Council;

And it empowers:

• The appointment of the Transitional Council and Registrar by the Lieutenant Governor in Council;
• The Transitional Council and Registrar to implement the TCM Act, 2006 and the RHPA.