Draft Controlled Acts Regulation
The Naturopathy Act, 2007 details the seven high-risk procedures (Controlled Acts or portions of the Controlled Acts) that have been authorized to Naturopathic Doctors. Many, though not all, of these controlled acts have been considered to be within the scope of practice of the profession and have been performed by Naturopathic Doctors under the current regulatory model established in the Drugless Practitioners Act, 1925 by way of an exemption established in Regulations made under the Regulated Health Professions Act (RHPA). The Naturopathy Act, 2007 also establishes the regulation making authority of the transitional Council to develop the draft Controlled Acts Regulation and provides clear indications of the expectations in this regard upon which the Ministry has asked the transitional Council to act.
The draft Controlled Acts Regulation provides a more defined framework under which the procedures traditionally considered to be within the scope of practice of the profession can be performed. In this way, the draft Regulation more clearly defines the scope of practice by setting out what procedures can be performed, what substances can be used and under what circumstances. This draft regulation also assists the public, including members of other health professions, to identify the kinds of procedures and services Naturopathic Doctors can perform.
The transitional Council of the College of Naturopaths of Ontario (TC-CONO) is pleased to release for public consultation, a draft Controlled Acts Regulation. This draft Regulation replaces an earlier draft Authorized Acts Regulation which was circulated in August of 2011. TC-CONO was asked by the Ministry of Health and Long-Term Care (the Ministry), in March of 2013, to re-examine its original draft Authorized Acts Regulation. The Ministry expressed a number of concerns with respect to the draft and asked the transitional Council to review these and to consider resubmitting a revised draft Regulation. The areas of concern noted by the Ministry included:
- A clear definition of “naturopathic examination”; as it is used in the authorized acts section of the Naturopathy Act, 2007;
- A clear definition of naturopathic techniques and therapies that are used in the course of practicing the profession;
- Prescribing the standards of practice in which naturopaths must make mandatory referrals to members of other regulated health professions;
- Governing the performance of examinations for the controlled acts identified under clauses 4(1), paragraphs (1) and (2), and setting out the circumstances under which they may be performed;
The Ministry also asked for additional detail surrounding drugs, naturopathic blood examinations and medical laboratory tests to support the review of these activities in the context of patient safety and to ensure that they are consistent with naturopathic practise.
The transitional Council has, over the past two months, engaged all naturopathic stakeholders in direct dialogue on these matters in order to provide the Ministry with the draft Regulation that has been requested in as expeditious manner as possible. The transitional Council expresses its sincere thanks to its stakeholders, as well as to the staff of the Ministry who have been extremely helpful in the process of reframing this draft regulation.