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Naturopathy Act, 2007

ONTARIO REGULATION 84/14

REGISTRATION

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

No amendments.

This is the English version of a bilingual regulation.

General

Classes of certificates

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

1. General.

2. Inactive. O. Reg. 84/14, s. 1.

Application for certificate of registration

2. (1) 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. 84/14, s. 2 (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. 84/14, s. 2 (2).

Requirements for issuance of certificate of registration, any class

3. 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 either imprisonment or a fine greater than $1,000.

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 profession in any jurisdiction to register or license the applicant.

vi. An attempt to pass a registration examination required for purposes of being licensed or certified to practise any health profession, whether in Ontario or in 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 a profession in Ontario or in any other jurisdiction.

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

3. The applicant must possess sufficient language proficiency, in either English or French, to be able to communicate and comprehend effectively, both orally and in writing.

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 profession in Ontario or of any 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 a profession in Ontario or 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 provide proof of professional liability insurance coverage in the amount and in the form required under the by-laws. O. Reg. 84/14, s. 3.

Terms, conditions and limitations of every certificate

4. 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 no later than 30 days after the member becomes aware of it occurring:

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 profession in any jurisdiction to register or license the member.

v. An attempt to pass a registration examination required for purposes of being licensed or certified to practise any health profession, whether in Ontario or in 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 a profession in Ontario or in any other jurisdiction.

vii. Any other event that would provide reasonable grounds for the belief that the member will not practise naturopathy 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 in any jurisdiction as soon as possible after receiving notice of the finding, but not later than 30 days after receiving the notice.

3. A member shall only use titles and abbreviations of titles respecting the profession in accordance with the following: 

i. A member who holds a General certificate of registration may only use one or more of the titles “Naturopath”, “Naturopathic Doctor”, “Naturopathe” and “Docteur en naturopathie”, and may only use the abbreviation “ND” for an English title and “DN” for a French title.

ii. A member who holds an Inactive certificate of registration may only use one or more of the titles “Naturopath (Inactive)”, “Naturopathic Doctor (Inactive)”, “Naturopathe (Inactif)” and “Docteur en naturopathie (Inactif)” and may only use the abbreviation “ND (Inactive)” for an English title and “DN (Inactif)” for a French title.

4. The member shall clearly display his or her original certificate of registration issued by the College at his or her principal place of practice.

5. The member shall maintain professional liability insurance coverage in the amount and in the form required under the by-laws.

6. The member shall provide the College with written details within two days of the member becoming aware that he or she does not have the professional liability insurance that he or she is required to have under the by-laws.

7. Immediately before the member’s resignation, or the suspension, revocation, expiration or other termination of the member’s certificate of registration, the member shall return his or her certificate of registration to the Registrar. O. Reg. 84/14, s. 4.

General class, registration requirements

5. (1) The following are non-exemptible registration requirements for a General certificate of registration:

1. The applicant must have,

i. successfully completed,

A. a program in naturopathy that is accredited by the Council on Naturopathic Medical Education or by another accrediting body that has been approved by Council, and

B. such registration examinations that may be approved by Council and administered by a body approved by Council, or

ii. successfully completed a program, other than one described in sub-subparagraph i A, together with an assessment, employing a method approved by Council, that evidences, in the opinion of a panel of the Registration Committee, that the applicant has the knowledge, skills and judgment equivalent to those of a person who has successfully completed a program and the examinations referred to in subparagraph i.

2. The applicant must have successfully completed the clinical examinations that are set or approved by Council.

3. The applicant must have successfully completed the jurisprudence examination that is set or approved by Council. O. Reg. 84/14, s. 5 (1).

(2) Except in the case of an applicant to whom subsection 7 (1) applies, where the applicant has not submitted his or her application for a General certificate of registration and completed the requirements set out in sub-subparagraph 1 i B, where applicable, and paragraph 2 of subsection (1) within the two years immediately following the date that the applicant successfully completed the program referred to in paragraph 1 of subsection (1), the applicant must,

(a) have practised the profession for at least 750 hours during the three-year period of time that immediately preceded the date that the applicant submitted his or her application; or

(b) have successfully completed such further education or training as is approved by a panel of the Registration Committee. O. Reg. 84/14, s. 5 (2).

(3) The requirement in paragraph 3 of subsection (1) shall not be considered to be met unless the applicant met that requirement within the 24-month period preceding the date on which he or she submitted his or her application for registration. O. Reg. 84/14, s. 5 (3).

(4) Subject to subsection (5), the requirements in sub-subparagraph 1 i B, where applicable, and paragraph 2 of subsection (1) are not considered to have been met unless the applicant,

(a) sits his or her final attempt at the examinations within the 24-month period preceding the date on which he or she submitted his or her application for registration unless a panel of the Registration Committee is satisfied that exceptional circumstances prevented the applicant from taking the registration examinations within this period; and

(b) successfully completed the examinations,

(i) within two attempts, or

(ii) on a third attempt after having first successfully completed the further education or training, or combination of education and training, if any, required by a panel of the Registration Committee. O. Reg. 84/14, s. 5 (4).

(5) Where, by virtue of subsection (4), an applicant is not considered to have met the requirements in sub-subparagraph 1 i B, where applicable, and paragraph 2 of subsection (1), the successful completion of the examinations on any further attempt will not be considered as satisfying the requirements in sub-subparagraph 1 i B, where applicable, and paragraph 2 of subsection (1) unless, before sitting the examinations,

(a) the applicant completes another program mentioned in paragraph 1 of subsection (1); or

(b) a panel of the Registration Committee is satisfied that exceptional circumstances exist that justify the applicant being excused from the requirement in clause (a). O. Reg. 84/14, s. 5 (5).

General class, conditions, etc., of certificate

6. (1) It is a term, condition and limitation of every General certificate of registration that 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 General certificate of registration, and each subsequent three-year period beginning on the first anniversary of the commencement of the previous period. O. Reg. 84/14, s. 6 (1).

(2) If a member fails to meet the condition described in 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 not to practise the profession that is acceptable to the Registrar and with which the member is in compliance; or

(c) has resigned his or her General certificate of registration and applied for and received an Inactive certificate of registration. O. Reg. 84/14, s. 6 (2).

(3) It is a term, condition and limitation of the General certificate of registration of a member who has given an undertaking described in clause (2) (b) that, if more than two years have passed since giving the undertaking, the member may not resume practising the profession until he or she,

(a) 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 General certificate of registration; or

(b) has successfully completed such additional education or training requirements determined to be necessary by a panel of the Registration Committee. O. Reg. 84/14, s. 6 (3).

Labour mobility, General class

7. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant for a General certificate of registration, the applicant is deemed to have met the requirements set out in paragraphs 1 and 2 of subsection 5 (1) of this Regulation. O. Reg. 84/14, s. 7 (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 naturopath in every jurisdiction where the applicant holds an out-of-province certificate. O. Reg. 84/14, s. 7 (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 naturopathy to the extent that would be permitted by a General certificate of registration at any time in the three 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. 84/14, s. 7 (3).

(4) An applicant referred to in subsection (1) is deemed to have met the requirement of paragraph 3 of section 3 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. 84/14, s. 7 (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. 84/14, s. 7 (5).

Inactive class, registration requirements

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

1. The applicant must be a member holding a General 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,

i. abstain from practising the profession in Ontario, and

ii. explain that he or she holds an inactive status of registration whenever he or she uses a title or abbreviation set out in paragraph 3 of section 4.

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.

5. The applicant must be in compliance with,

i. any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

ii. any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

iii. any outstanding orders of Council or the Executive Committee,

iv. any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

v. any terms, conditions or limitations that were placed on the applicant’s certificate of registration as a result of a direction of the Quality Assurance Committee. O. Reg. 84/14, s. 8.

Inactive class, condition, etc., of certificate

9. It is an additional term, condition and limitation of every Inactive certificate of registration that the member shall not practise the profession. O. Reg. 84/14, s. 9.

Moving from Inactive to General certificate

10. (1) The following rules apply where a member who holds an Inactive certificate of registration and wishes to be issued the General certificate of registration that he or she had previously held:

1. An application must be made to the Registrar.

2. The member shall pay the annual registration fee required under the by-laws for a General certificate of registration.

3. The member must pay any other applicable fee required under the by-laws.

4. The member must pay any penalty or other amount owed to the College.

5. The member must provide the College with any information that it has required of the member.

6. A member who has held the Inactive certificate of registration for more than two years preceding his or her application under this section shall only be entitled to have a General certificate of registration issued if he or she,

i. 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 General certificate of registration, or

ii. has successfully completed such additional education or training requirements determined to be necessary by a panel of the Registration Committee.

7. The member must provide evidence satisfactory to the Registrar that the applicant will have professional liability insurance in the amount and in the form as required by the by-laws for a member holding a General certificate of registration as of the anticipated date for the issuance of his or her General certificate of registration. O. Reg. 84/14, s. 10 (1).

(2) Where, at the time of applying for an Inactive certificate of registration, a member referred to in paragraph 6 of subsection (1) was subject to a written undertaking as described in clause 6 (2) (b), the two-year period referred to in paragraph 6 of subsection (1) will be considered to have started on the day on which the written undertaking became effective. O. Reg. 84/14, s. 10 (2).

Examinations

11. Where the clinical examinations that are a requirement of paragraph 2 of subsection 5 (1) are set by Council, the examinations shall be offered at least twice each year. O. Reg. 84/14, s. 11.

Appeal

12. (1) An applicant who fails a clinical examination that has been set by Council may appeal the results of the examination to the Examination Appeal Committee and the appeal will be determined by a panel of that Committee. O. Reg. 84/14, s. 12 (1).

(2) An appeal under subsection (1) shall be limited solely to the question of whether the process followed in sitting the clinical examination was appropriate. O. Reg. 84/14, s. 12 (2).

(3) Where an appeal under subsection (1) is successful the results of the clinical examination shall be nullified and the examination does not count against the applicant for any purpose, including the application of subsection 5 (4). O. Reg. 84/14, s. 12 (3).

Suspensions, Revocations and Reinstatements

Failure to provide information

13. (1) If a member fails to provide the College with information about the member as required under the by-laws,

(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. 84/14, s. 13 (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 other outstanding fees, penalties or other amounts owing to the College;

(d) will be in compliance, as of the anticipated date on which the suspension is to be lifted, with,

(i) any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

(ii) any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

(iii) any outstanding orders of Council or the Executive Committee,

(iv) any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

(v) any terms, conditions or limitations that were placed on the member’s certificate of registration as a result of a direction of the Quality Assurance Committee; and

(e) has provided proof of professional liability insurance coverage in the amount and in the form required under the by-laws. O. Reg. 84/14, s. 13 (2).

Failure to be insured

14. (1) The Registrar may immediately suspend a member’s certificate of registration if the Registrar becomes aware that the member is not in compliance with the condition set out in paragraph 5 of section 4. O. Reg. 84/14, s. 14 (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 required under the by-laws;

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

(c) has paid any other outstanding fees, penalties or other amounts owing to the College;

(d) will be in compliance, as of the anticipated date on which the suspension is to be lifted, with,

(i) any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

(ii) any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

(iii) any outstanding orders of Council or the Executive Committee,

(iv) any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

(v) any terms, conditions or limitations that were placed on the member’s certificate of registration as a result of a direction of the Quality Assurance Committee; and

(e) has provided proof of professional liability insurance coverage in the amount and in the form required under the by-laws. O. Reg. 84/14, s. 14 (2).

Suspension for failure to pay fees

15. 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, the Registrar shall lift the suspension upon being satisfied that the former member,

(a) has paid the fee in question;

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

(c) has paid any other outstanding fees, penalties or other amounts owing to the College;

(d) will be in compliance, as of the anticipated date on which the suspension is to be lifted, with,

(i) any outstanding requirements or orders issued by a panel of the Inquiries, Complaints and Reports Committee,

(ii) any outstanding orders issued by a panel of the Discipline Committee or Fitness to Practise Committee,

(iii) any outstanding orders of Council or the Executive Committee,

(iv) any requirement to participate in specified continuing education or remediation programs that was issued by the Quality Assurance Committee, and

(v) any terms, conditions or limitations that were placed on the applicant’s certificate of registration as a result of a direction of the Quality Assurance Committee; and

(e) has provided proof of professional liability insurance coverage in the amount and in the form required under the by-laws. O. Reg. 84/14, s. 15.

Lifting of certain suspensions

16. If the Registrar suspends a member’s certificate of registration under section 13 or 14 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 two years after the day it was suspended. O. Reg. 84/14, s. 16.

17. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 84/14, s. 17.

 

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