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Homeopathy Act, 2007

ONTARIO REGULATION 18/14

REGISTRATION

Consolidation Period:  From April 1, 2015 to the e-Laws currency date.

No amendments.

This is the English version of a bilingual regulation.

CONTENTS

1.

Interpretation

2.

Classes of certificates

3.

Application for certificate of registration

4.

Requirements for issuance of certificate of registration, any class

5.

Terms, conditions and limitations of every certificate

6.

Registration requirements, Full class

7.

Terms, etc., Full class

8.

Labour mobility, Full class

9.

Registration requirements, Grandparented class

10.

Terms, etc., Grandparented class

11.

Labour mobility, Grandparented class

12.

Registration requirements, Inactive class

13.

Terms, etc., Inactive class

14.

Reinstatement

15.

Suspensions, failure to provide information

16.

Suspension, lack of insurance

17.

Lifting of suspension for failure to pay fees, etc.

18.

Automatic revocation

 

Interpretation

1. In this Regulation, where there is a requirement that an applicant or member have practised the profession of homeopathy for a certain number of hours,

(a) the applicant or member may only count a maximum of one-third of the total hours as coming from non-clinical practice with the remainder coming from clinical practice;

(b) the hours of non-clinical practice must consist of formal professional development, academic research or employment related administration, supervision or teaching and must not include time spent on general preparation; and

(c) in calculating the hours of clinical practice, the member or applicant may only attribute a maximum of two hours to any initial visit case-work assessment and a maximum of one hour to any follow-up visit. O. Reg. 18/14, s. 1.

Classes of certificates

2. The following are prescribed as classes of certificates of registration:

1. Full.

2. Grandparented.

3. Inactive. O. Reg. 18/14, s. 2.

Application for certificate of registration

3. A person may apply for a certificate of registration by submitting a completed application in the form provided by the Registrar, together with any applicable fees required under the by-laws and any supporting documentation requested by the Registrar. O. Reg. 18/14, s. 3.

Requirements for issuance of certificate of registration, any class

4. (1) An applicant must satisfy the following requirements for the issuance of a certificate of registration of any class:

1. The applicant must, at the time of application, provide written details about any of the following that relate to the applicant and, where any of the following change with respect to the applicant after submitting the application but before the issuance of a certificate, the applicant must immediately provide written details with respect to the change:

i. A finding of guilt for any of the following:

A. A criminal offence.

B. An offence resulting in a fine greater than $1,000 or any form of custody or detention.

ii. A finding of professional misconduct, incompetence or incapacity, or any similar finding, in relation to another regulated profession in Ontario or to any regulated profession in another jurisdiction.

iii. A current proceeding for professional misconduct, incompetence or incapacity, or any similar proceeding, in relation to another regulated profession in Ontario or to any regulated profession in another jurisdiction.

iv. A finding of professional negligence or malpractice in any jurisdiction.

v. A refusal by any body responsible for the regulation of a health profession in any jurisdiction to register or license the applicant.

vi. An attempt to pass a registration examination or assessment which is required for the purposes of being licensed or certified to practise any regulated health profession, whether in Ontario or another jurisdiction, that has not resulted in a passing grade.

vii. Whether the applicant was in good standing at the time he or she ceased being registered with a body responsible for the regulation of another health profession in Ontario or of any health profession in any other jurisdiction.

viii. Where the applicant is a member of another regulated health profession in Ontario or any regulated health profession in another jurisdiction, any failure by the applicant to comply with any obligation to pay fees or provide information to the body responsible for the regulation of such a profession, the initiation of any investigations by such a body in respect of the applicant or the imposition of sanctions on the applicant by such a body.

ix. Any other event that would provide reasonable grounds for the belief that the applicant will not practise homeopathy in a safe and professional manner.

2. The applicant’s previous conduct must afford reasonable grounds for the belief that he or she will practise the profession in a safe and professional manner.

3. The applicant must be able to speak, read and write either English or French with reasonable fluency.

4. The applicant must not have a physical or mental condition or disorder that would make it desirable in the interest of the public that he or she not be issued a certificate of registration unless, should the applicant be given a certificate of registration, the imposition of a term, limit or condition on that certificate is sufficient to address such concerns.

5. If the applicant is registered by any body responsible for the regulation of any other health profession in Ontario or of any health profession in any other jurisdiction, the applicant’s registration must be in good standing and must continue to be in good standing until such time as the applicant is issued a certificate of registration.

6. If the applicant ceased being registered with any body responsible for the regulation of another health profession in Ontario or any health profession in any other jurisdiction, the applicant must have been in good standing at the time he or she ceased being registered.

7. The applicant must, at the time of application, provide the Registrar with the results of a criminal background check. O. Reg. 18/14, s. 4 (1).

(2) An applicant shall be deemed not to have satisfied the registration requirements for a certificate of registration if the applicant makes a false or misleading statement or representation on or in connection with his or her application, and any certificate of registration issued to such an applicant may be revoked by the Registrar. O. Reg. 18/14, s. 4 (2).

Terms, conditions and limitations of every certificate

5. Every certificate of registration is subject to the following terms, conditions and limitations:

1. The member shall provide the College with written details about any of the following that relate to the member as soon as possible and in any event no later than 30 days after the event occurs:

i. A finding of professional misconduct, incompetence or incapacity, or any similar finding, in relation to another regulated profession in Ontario or to any regulated profession in another jurisdiction.

ii. A current proceeding for professional misconduct, incompetence or incapacity, or any similar proceeding, in relation to another regulated profession in Ontario or to any regulated profession in another jurisdiction.

iii. A finding of professional negligence or malpractice in any jurisdiction.

iv. A refusal by any body responsible for the regulation of a health profession in any jurisdiction to register or license the member.

v. An attempt to pass a registration examination or assessment required for the purposes of being licensed or certified to practise any regulated health profession, whether in Ontario or another jurisdiction, that has not resulted in a passing grade.

vi. Whether the member was in good standing at the time he or she ceased being registered with a body responsible for the regulation of another health profession in Ontario or of any health profession in any other jurisdiction.

vii. Where the member is a member of another regulated health profession in Ontario or any regulated health profession in another jurisdiction, any failure by the member to comply with any obligation to pay fees or provide information to the body responsible for the regulation of such a profession, the initiation of any investigations by such a body in respect of the member or the imposition of sanctions on the member by such a body.

viii. Any other event that would provide reasonable grounds for the belief that the member will not practise homeopathy in a safe and professional manner.

2. The member shall provide the College with written details about any finding of guilt relating to any offence as soon as possible after receiving notice of the finding, but not later than 30 days after receiving the notice.

3. The member shall maintain professional liability insurance in the amount and in the form required under the by-laws, and the member shall provide the College, within two days, with written notice if the member no longer maintains such insurance.

4. The member shall prominently display his or her certificate of registration at any location at which he or she practises the profession.

5. Immediately before the member’s resignation, or the suspension, revocation or expiry of the member’s certificate of registration, the member shall return his or her certificate of registration to the Registrar.

6. A member who holds a certificate of registration listed in Column 1 of the Table to this section,

i. shall only use a title listed in Column 2 opposite the certificate of registration, and

ii. shall only use the designation listed in Column 3 opposite the certificate of registration.

The member shall only practise in the areas of Homeopathy in which the member is educated and experienced.

TABLE

 

Item

Column 1

Certificate of Registration

Column 2

Title

Column 3

Designation

1.

Full

Homeopath

Hom

2.

Grandparented

Homeopath (Transitional)

Hom (T)

3.

Inactive

Homeopath (Inactive)

Hom (I)

O. Reg. 18/14, s. 5.

Registration requirements, Full class

6. (1) The following are registration requirements for a Full certificate of registration:

1. The applicant must have,

i. successfully completed a post-secondary program in homeopathy in Ontario that is approved by Council or another body approved by Council for that purpose, or

ii. successfully completed a program in homeopathy together with other education or training which a panel of the Registration Committee considers, when taken together, to be substantially equivalent to the requirements set out in subparagraph i.

2. The applicant must have successfully completed a program of clinical experience in the profession that is structured, comprehensive, supervised and evaluated and that is at least 45 weeks in length and includes at least 225 hours of direct client contact.

3. The applicant must have successfully passed an assessment conducted by a panel of the Registration Committee, or by another body that is approved by the Council for that purpose, that demonstrates that the applicant has the necessary competencies to safely practise the profession.

4. The applicant must have successfully completed the jurisprudence course set or approved by the Registration Committee.

5. The applicant must be certified in health care provider CPR and standard first aid. O. Reg. 18/14, s. 6 (1).

(2) The requirements in paragraphs 1, 2, 3 and 4 of subsection (1) are non-exemptible. O. Reg. 18/14, s. 6 (2).

(3) The requirement in paragraph 4 of subsection (1) is not considered to have been met unless the applicant satisfies that requirement within the three-year period immediately before the date on which the applicant submitted his or her completed application. O. Reg. 18/14, s. 6 (3).

(4) Except in the case of an applicant to whom subsection 8 (1) applies, where the applicant has not successfully completed at least one of the requirements of paragraph 1 or 2 of subsection (1) within the 12-month period immediately before the date on which the applicant submitted his or her completed application, the applicant must have,

(a) practised the profession of homeopathy for at least 750 hours in the three years immediately before the date of the applicant’s application; or

(b) successfully completed a refresher program approved by the Registration Committee within the 12 months immediately before the date of the applicant’s application. O. Reg. 18/14, s. 6 (4).

(5) An applicant who either holds or is eligible to hold a Grandparented certificate of registration shall be issued a Full certificate of registration if,

(a) the applicant has successfully passed an assessment conducted by a panel of the Registration Committee, or by another body that is approved by the Council for that purpose, that demonstrates that the applicant has the necessary competencies to safely practise the profession;

(b) the applicant has paid any fees owed to the College; and

(c) the applicant has provided the College with any information that it has required of the applicant. O. Reg. 18/14, s. 6 (5).

Terms, etc., Full class

7. (1) Subject to subsection (2), the following are terms, conditions and limitations on every Full certificate of registration:

1. The member shall practise the profession a minimum of 750 hours during every three-year period, with the first three-year period beginning on the day that the member is issued a Full certificate of registration, and each subsequent three-year period beginning on the first anniversary of the commencement of the previous period.

2. At all times the member must be certified in health care provider CPR and standard first aid. O. Reg. 18/14, s. 7 (1).

(2) The terms, conditions and limitations described in paragraph 2 of subsection (1) do not apply to a member’s certificate of registration if that member was not required, before the issuance of his or her Full certificate of registration, to meet the requirements of paragraph 5 of subsection 6 (1). O. Reg. 18/14, s. 7 (2).

(3) If a member fails to meet the condition described in paragraph 1 of subsection (1), the Registrar shall refer the member to the Quality Assurance Committee for a peer and practice assessment unless the member,

(a) has successfully completed a refresher program approved by the Registration Committee;

(b) has given the College a written undertaking that is acceptable to the Registrar and with which the member is in compliance; or

(c) has resigned his or her Full certificate of registration and applied for and received an Inactive certificate of registration. O. Reg. 18/14, s. 7 (3).

Labour mobility, Full class

8. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a Full certificate of registration, the applicant is deemed to have met the requirements set out in paragraphs 1, 2, 3 and 5 of subsection 6 (1) of this Regulation. O. Reg. 18/14, s. 8 (1).

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a practitioner of homeopathy in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 18/14, s. 8 (2).

(3) If an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of homeopathy to the extent that would be permitted by a Full certificate of registration at any time in the two years immediately before the date of that applicant’s application, it is a non-exemptible requirement that the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee. O. Reg. 18/14, s. 8 (3).

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 3 of subsection 4 (1) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph. O. Reg. 18/14, s. 8 (4).

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. O. Reg. 18/14, s. 8 (5).

Registration requirements, Grandparented class

9. (1) The following are registration requirements for a Grandparented certificate of registration:

1. The applicant must have practised the profession of homeopathy for at least 750 hours during any three-year period before the date on which the applicant applied for the Grandparented certificate of registration.

2. The applicant must have submitted the completed application to the Registrar on or before the first anniversary of the day this paragraph came into force.

3. The applicant must have successfully passed an assessment conducted by a panel of the Registration Committee, or by another body that is approved by the Council for that purpose, that demonstrates that the applicant has the necessary competency to safely practise the profession as the holder of a Grandparented certificate of registration.

4. The applicant must have successfully completed the jurisprudence course set or approved by the Registration Committee.

5. The applicant must be certified in health care provider CPR and standard first aid. O. Reg. 18/14, s. 9 (1).

(2) The requirements in paragraphs 2, 3 and 4 of subsection (1) are non-exemptible. O. Reg. 18/14, s. 9 (2).

Terms, etc., Grandparented class

10. (1) Subject to subsection (2), the following are terms, conditions and limitations on every Grandparented certificate of registration:

1. The member must at all times be actively engaged in pursuing completion of the assessment referred to in clause 6 (5) (a).

2. The member’s certificate of registration expires on the earlier of the following:

i. The issuance to the member of a Full certificate of registration.

ii. The fifth anniversary of the day this paragraph came into force.

3. The member shall practise the profession a minimum of 750 hours during every three-year period, with the first three-year period beginning on the day that the member is issued a Grandparented certificate of registration, and each subsequent three-year period beginning on the first anniversary of the commencement of the previous period.

4. At all times the member must be certified in health care provider CPR and standard first aid. O. Reg. 18/14, s. 10 (1).

(2) The terms, conditions and limitations described in paragraph 4 of subsection (1) do not apply to a member’s certificate of registration if that member was not required, before the issuance of his or her Grandparented certificate of registration, to meet the requirements of paragraph 5 of subsection 9 (1). O. Reg. 18/14, s. 10 (2).

(3) If a member fails to meet the condition described in paragraph 3 of subsection (1), the Registrar shall refer the member to the Quality Assurance Committee for a peer and practice assessment unless the member,

(a) has successfully completed a refresher program approved by the Registration Committee;

(b) has given the College a written undertaking that is acceptable to the Registrar and with which the member is in compliance; or

(c) has resigned his or her Grandparented certificate of registration and applied for and received an Inactive certificate of registration. O. Reg. 18/14, s. 10 (3).

Labour mobility, Grandparented class

11. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a Grandparented certificate of registration, the applicant is deemed to have met the requirements set out in paragraphs 1, 2, 3 and 5 of subsection 9 (1). O. Reg. 18/14, s. 11 (1).

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide one or more certificates or letters or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a practitioner of homeopathy in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 18/14, s. 11 (2).

(3) If an applicant to whom subsection (1) applies is unable to satisfy the Registrar or a panel of the Registration Committee that the applicant practised the profession of homeopathy to the extent that would be permitted by a Grandparented certificate of registration at any time in the two years immediately before the date of that applicant’s application, it is a non-exemptible requirement that the applicant must meet any further requirement to undertake, obtain or undergo material additional training, experience, examinations or assessments that may be specified by a panel of the Registration Committee. O. Reg. 18/14, s. 11 (3).

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 3 of subsection 4 (1) if the requirements for the issuance of the out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph. O. Reg. 18/14, s. 11 (4).

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. O. Reg. 18/14, s. 11 (5).

Registration requirements, Inactive class

12. The following are non-exemptible registration requirements for an Inactive certificate of registration:

1. The applicant must be a member holding a Full or Grandparented certificate of registration.

2. The applicant must provide an undertaking to the College in a form satisfactory to the Registrar in which the applicant undertakes to comply with the conditions set out in section 13.

3. The applicant must not be in default of any fee, penalty or other amount owing to the College.

4. The applicant must have provided the College with any information that it has required of the applicant. O. Reg. 18/14, s. 12.

Terms, etc., Inactive class

13. The following are terms, conditions and limitations on every Inactive certificate of registration:

1. Where the member held a Grandparented certificate of registration at the time he or she applied for the Inactive certificate of registration, the Inactive certificate of registration expires on the fifth anniversary of the day this paragraph came into force.

2. The member shall not,

i. practise the profession,

ii. use any title or designation other than what is specified for an Inactive certificate of registration set out in the Table to section 5,

iii. supervise the practice of the profession, or

iv. make any claim or representation to having any competence in the profession. O. Reg. 18/14, s. 13.

Reinstatement

14. The Registrar may issue to a member who is the holder of an Inactive certificate of registration the Full or Grandparented certificate of registration that he or she previously held if the member,

(a) applies in writing to the Registrar for reinstatement;

(b) pays any fee, penalty or other amount owed to the College;

(c) provides the College with any information that it has required of the member;

(d) satisfies a panel of the Registration Committee that he or she possesses the current knowledge, skill and judgment relating to the practice of the profession that would be expected of a member holding a certificate of registration of the same class as the one for which he or she is applying to be reinstated;

(e) has professional liability insurance coverage in the amount and in the form as required under the by-laws; and

(f) is in compliance with any outstanding requirements of the College’s Quality Assurance Committee and Inquiries, Complaints and Reports Committee or any outstanding orders of the Council, Executive Committee, Discipline Committee and Fitness to Practise Committee. O. Reg. 18/14, s. 14.

Suspensions, failure to provide information

15. (1) If a member fails to provide the College with information about the member as required under the by-laws and within the time period set by the College,

(a) the Registrar may give the member notice of intention to suspend the member’s certificate of registration; and

(b) the Registrar may suspend the member’s certificate of registration if the member fails to provide the information within 30 days after the notice is given. O. Reg. 18/14, s. 15 (1).

(2) If the Registrar suspends a member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the former member,

(a) has given the required information to the College;

(b) has paid any fees required under the by-laws for lifting the suspension;

(c) has paid any fee, penalty or other amount owed to the College;

(d) has professional liability insurance coverage in the amount and in the form as required under the by-laws; and

(e) will be in compliance with any outstanding requirements of the College’s Quality Assurance Committee and Inquiries, Complaints and Reports Committee or any outstanding orders of the Council, Executive Committee, Discipline Committee and Fitness to Practise Committee as of the anticipated date on which the suspension is to be lifted. O. Reg. 18/14, s. 15 (2).

Suspension, lack of insurance

16. (1) If the Registrar becomes aware that a member no longer maintains professional liability insurance in the amount and in the form as required under the by-laws, the Registrar may immediately suspend the member’s certificate of registration. O. Reg. 18/14, s. 16 (1).

(2) If the Registrar suspends a member’s certificate of registration under subsection (1), the Registrar shall lift the suspension upon being satisfied that the former member,

(a) has professional liability insurance coverage in the amount and in the form as required under the by-laws;

(b) has provided any information requested by the College;

(c) has paid any fees required under the by-laws for lifting the suspension;

(d) has paid any fee, penalty or other amount owed to the College; and

(e) will be in compliance with any outstanding requirements of the College’s Quality Assurance Committee and Inquiries, Complaints and Reports Committee or any outstanding orders or requirements of the Council, Executive Committee, Discipline Committee and Fitness to Practise Committee as of the anticipated date on which the suspension is to be lifted. O. Reg. 18/14, s. 16 (2).

Lifting of suspension for failure to pay fees, etc.

17. If the Registrar suspends the member’s certificate of registration under section 24 of the Health Professions Procedural Code for failing to pay a fee or penalty, the Registrar shall lift the suspension upon being satisfied that the former member,

(a) has paid the fee or penalty in question;

(b) has provided any information requested by the College;

(c) has paid any fees required under the by-laws for lifting the suspension;

(d) will be in compliance with any outstanding requirements of the College’s Quality Assurance Committee and Inquiries, Complaints and Reports Committee or any outstanding orders or requirements of the Council, Executive Committee, Discipline Committee and Fitness to Practise Committee as of the anticipated date on which the suspension is to be lifted;

(e) has professional liability insurance coverage in the amount and in the form as required under the by-laws; and

(f) has satisfied a panel of the Registration Committee that he or she has the knowledge, skill and judgment to practise the profession in a safe and professional manner. O. Reg. 18/14, s. 17.

Automatic revocation

18. If the Registrar suspends a member’s certificate of registration under section 15 or 16 of this Regulation or under section 24 of the Health Professions Procedural Code and the suspension has not been lifted, the certificate is revoked on the day that is three years after the day it was suspended. O. Reg. 18/14, s. 18.

19. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 18/14, s. 19.

 

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