College of Homeopaths of Ontario
163 Queen Street East, 4th Floor, Toronto, Ontario, M5A 1S1
TEL 416-862-4780 OR 1-844-862-4780
FAX 416-874-4077
www.collegeofhomeopaths.on.ca
IMPORTANT MEMO
To:
All Stakeholders
Re:
Formal Consultation on
A. Bylaw 10.02 – Changes to Election Terms
B. Bylaw 21 – Transparency Changes to the Public Register
C. Proposed Spousal Exception Regulation – Treatment of Spouse
Consultation Closing Date:
August 8, 2015
This package outlines three significant developments for the College of Homeopaths of Ontario (the College or CHO).
The College invites feedback from stakeholders on proposed changes to the Bylaw 10.02 on Election Date (for elections
starting in 2016) and Bylaw 21 on the Public Register; and a proposed new regulation to allow a Registrant to treat his or
her spouse.
A description of the salient points and the rationale behind the development of each component of this consultation are
included in this document.
Part A Bylaw 10 – Amendment to Bylaw 10.02 Election Date
Part B Bylaw 21 – Amendment to Bylaw 21 Public Register, Transparency Changes
Part C Proposed Spousal Exception Regulation – Treatment of Spouse
Your comments on these changes are welcome and may be submitted by electronic survey, email, or mail.
If you have questions about these changes, please contact Janet Blanchard, Senior Manager, Quality Assurance,
Patient Relations, and Communications at [email protected] or by phone at 416-862-4775 or
1-844-862-4780.
We look forward to receiving your written comments by August 8, 2015.
For more information about the College and its activities, please visit our website at www.collegeofhomeopaths.on.ca.
College of Homeopaths of Ontario
Formal Consultation Package
Page 2 of 25
Closing Date: August 8, 2015
Part A Amendment to Bylaw 10.02 – Election Date
Based on the College’s April 1, 2015 proclamation date, it is proposed that Bylaw 10.02 be amended so that the next
election date (following the initial 2015 election) be one year later than originally specified for each district.
As the Bylaw currently reads, an election will happen in 2015 then again in Spring 2016 (approximately eight months
later) for four of the seven available professional seats. When Bylaw 10.02 was originally drafted, a proclamation date in
2014 was envisioned.
The proposed change allows for a 20-month term prior to the second election. The one-year extension allows time for
the new Council to establish itself, for individual Council members to learn the substantial volume of material required to
be an effective Council member, and for Council members to work together effectively on behalf of the College. This
change will also reduce training time and costs.
Bylaw 10.02 – Election Date
Proposed Change to Bylaw 10.02
Current Bylaw
Rationale for Change
Except for the first election, which shall
take place as soon as possible after
section 6 of the Act is proclaimed into
force, an election of members to
Council shall be held on a date
determined by the Registrar between
March and May, inclusive, of each
year according to the following
schedule:
Except for the first election, which shall
take place as soon as possible after
section 6 of the Act is proclaimed into
force, an election of members to
Council shall be held on a date
determined by the Registrar between
March and May, inclusive, of each
year according to the following
schedule:
This change allows for newly elected
Council members in the East, North,
Southwestern and Ontario districts to
remain in place for approximately 20
months, following the first election of
Council, before having to stand for
re-election. Council members from
Peel and Toronto would receive a full
three-year term prior to having to run
for re-election.
(i) there shall be an election for the
East and North electoral districts
in 2017, and every third year
after 2017;
(i) there shall be an election for
the East and North electoral
districts in 2016, and every
third year after 2016;
(ii) there shall be an election for the
Peel and Toronto electoral
districts in 2018 and every third
year after 2018; and
(ii) there shall be an election for
the Peel and Toronto electoral
districts in 2017 and every
third year after 2017; and(iii)
there shall be an
election for the Southwest and
Ontario electoral districts in
2016, 2018 and every third
year after 2018.
(iii) there shall be an election for the
Southwest and Ontario electoral
districts in 2017, 2019 and every
third year after 2019.
The one year extension allows time
for the new Council to establish
itself, for individual Council members
to learn the substantial volume of
material required to be an effective
Council member within a regulatory
structure, and for Council members
to work together effectively on behalf
of the College. This change will also
reduce training time and costs.
College of Homeopaths of Ontario
163 Queen Street East, 4th Floor, Toronto, Ontario, M5A 1S1
TEL 416-862-4780 OR 1-844-862-4780
FAX 416-874-4077
www.collegeofhomeopaths.on.ca
Part B Amendment to Bylaw 21 Public Register – Consultation on Transparency
Increased focus on information sharing and transparency has been placed on the Government and its health regulatory colleges. Proposed changes to the
Bylaws related to the Public Register reflect the College’s commitment to balancing the patient’s right to informed care and the registrant’s right to privacy, and
are similar or identical to those recently adopted by the majority of Ontario’s health regulatory colleges.
The proposed changes also integrate the College’s eight transparency principles adopted in December 2014. These principles can be found on the College’s
website at www.collegeofhomeopaths.on.ca. Bold, Underline and Strikethrough indicate proposed changes.
Source: College of Homeopaths of Ontario Bylaws, enacted November 18, 2013, amended December 5, 2014.
Proposed Bylaw
Current Bylaw
Change
21.01 – Name in Register
21.01 – Name in Register
No Change
Subject to article 21.02, a Registrant’s
Subject to article 21.02, a Registrant’s
name in the register shall be the full
name in the register shall be the full
name indicated on the documents used name indicated on the documents used
to support the Registrant’s initial
to support the Registrant’s initial
registration with the College.
registration with the College.
21.02 – Exception for Name Change
21.02 – Exception for Name Change
No Change
The Registrar may enter a name, other The Registrar may enter a name, other
than the name referred to in section
than the name referred to in section
21.01, in the register if the Registrar:
21.01, in the register if the Registrar:
(i)
has received a written request
(i) has received a written request
from the Registrant;
from the Registrant;
(ii)
is satisfied that the Registrant
(ii)
is satisfied that the Registrant
has legally changed his or her
has legally changed his or her
name; and
name; and
(iii) is satisfied that the name
(iii) is satisfied that the name
change is not for any
change is not for any
improper purpose.
improper purpose.
21.03 – Exception for Alternate Name 21.03 – Exception for Alternate Name No Change
In addition to the name entered under
In addition to the name entered under
article 21.01 and 21.02, the Registrar
article 21.01 and 21.02, the Registrar
Rationale
This provision is a
requirement under the Health
Professions Procedural Code,
Schedule 2, Regulated Health
Professions Act, 1991 under
section 23.(2).
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
may enter in the register as an
alternative name used by the Registrant
any nicknames or abbreviations that the
Registrant uses in any place of practice.
21.04 – Business Address
A Registrant’s business address in the
register shall be the address for
receiving business communications
designated by the Registrant, which
address may be different than the
Registrant’s address for
communications with the College. If the
Registrant does not designate a
business address, the Registrar may
assign any address for the Registrant
known to the College as the business
address. A Registrant’s business
address shall include the name of the
business or entity that employs the
Registrant or, if the Registrant is selfemployed or is not practising, the
Registrant’s business address shall
include a notation to that effect.
21.05 – Business Telephone Number
A Registrant’s business telephone
number shall be the telephone number
for receiving business communications
designated by the Registrant, which
telephone number may be different than
the Registrant’s telephone number for
communications with the College. If the
Registrant does not designate a
business telephone number, the
Registrar may assign any telephone
number known to the College as the
business telephone number.
Page 4 of 25
Closing Date: August 8, 2015
Current Bylaw
may enter in the register as an
alternative name used by the Registrant
any nicknames or abbreviations that the
Registrant uses in any place of practice.
21.04 – Business Address
A Registrant’s business address in the
register shall be the address for
receiving business communications
designated by the Registrant, which
address may be different than the
Registrant’s address for
communications with the College. If the
Registrant does not designate a
business address, the Registrar may
assign any address for the Registrant
known to the College as the business
address. A Registrant’s business
address shall include the name of the
business or entity that employs the
Registrant or, if the Registrant is selfemployed or is not practising, the
Registrant’s business address shall
include a notation to that effect.
21.05 – Business Telephone Number
A Registrant’s business telephone
number shall be the telephone number
for receiving business communications
designated by the Registrant, which
telephone number may be different than
the Registrant’s telephone number for
communications with the College. If the
Registrant does not designate a
business telephone number, the
Registrar may assign any telephone
number known to the College as the
business telephone number.
Change
Rationale
No Change
This provision is a
requirement under the Health
Professions Procedural Code,
Schedule 2, Regulated Health
Professions Act, 1991 under
section 23.(2).
No Change
This provision is a
requirement under the Health
Professions Procedural Code,
Schedule 2, Regulated Health
Professions Act, 1991 under
section 23.(2).
College of Homeopaths of Ontario
Formal Consultation Package
Page 5 of 25
Closing Date: August 8, 2015
Proposed Bylaw
21.06 – Register Information
Required by the Code
The Registrar shall maintain a register
in accordance with section 23 of the
Code.
Current Bylaw
21.06 – Register Information
Required by the Code
The Registrar shall maintain a register
in accordance with section 23 of the
Code.
21.07 – Additional Register
Information
In addition to the information set out in
subsection 23(2) of the Code, and
subject to article 21.08, the register
shall contain the following information,
which is designated by the College
as public pursuant to subsection
23(5) of the Code and must be
publicly accessible:
21.07 – Additional Register
Information
In addition to the information set out in
subsection 23(2) of the Code, the
register shall contain the following
information with respect to each
Registrant:
Change
No Change
Rationale
This provision is a
requirement under the Health
Professions Procedural Code,
Schedule 2, Regulated Health
Professions Act, 1991 under
section 23.(2).
21.07 – Additional Register
Section 21.08 permits the
Information
College to withhold certain
In addition to the information set out in
information from the register
subsection 23(2) of the Code, and
in certain circumstances.
subject to article 21.08, the register
Referencing section 21.08
shall contain the following information
here makes it clear that the
with respect to each registrant, which following information may be
is designated by the College as
withheld in certain
public pursuant to subsection 23(5)
circumstances.
of the Code and must be publicly
This wording makes it clear
accessible:
that the additional information
required below will be public.
Since information about
professional corporations is
required under this section
and therefore the information
is not restricted only to
Registrants, the word
“Registrant” should not be
used.
No Change
Original Bylaw # 21.07 (i)
(i) if there have been any changes to the (i) if there have been any changes to the
Registrant’s name since the date of the Registrant’s name since the date of the
Registrant’s initial application for
Registrant’s initial application for
registration, the former names of the
registration, the former names of the
Registrant;
Registrant;
Original Bylaw # 21.07 (ii)
Change term from “clients” to
(ii) the name, address and telephone
the name, address and telephone
“patients.”
number of every business entity that
number of every business entity that
Make consistent with standard
language used by the College.
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
employs the Registrant as a practitioner
of homeopathy and, if the Registrant is
self-employed as a practitioner of
homeopathy, the address and telephone
number of the locations where the
Registrant practises other than
addresses of individual patients;
(iii) the Registrant’s business email
address;
(iv) the Registrant’s registration number;
(v) the date of the Registrant’s initial
registration with the College;
(vi) the date on which each class of
registration that the Registrant holds or
held was obtained and, if applicable, the
date on which each terminated;
(vii) if the Registrant ceased to be a
Registrant, a notation of the fact,
specifying the reason for the termination
of registration and the date upon which
the Registrant ceased to be a
Registrant;
DELETED
Page 6 of 25
Closing Date: August 8, 2015
Current Bylaw
employs the Registrant as a practitioner
of homeopathy and, if the Registrant is
self-employed as a practitioner of
homeopathy, the address and telephone
number of the locations where the
Registrant practises other than
addresses of individual clients;
Original Bylaw # 21.07 (iii)
(iii) the Registrant’s business email
address;
Original Bylaw # 21.07 (iv)
(iv) the Registrant’s registration number;
Original Bylaw # 21.07 (v)
(v) the date of the Registrant’s initial
registration with the College;
Original Bylaw # 21.07 (vi)
(vi) the date on which each class of
registration that the Registrant holds or
held was obtained and, if applicable, the
date on which each terminated;
Original Bylaw # 21.07 (vii)
(vii) if the Registrant ceased to be a
Registrant, a notation specifying the
reason for the termination of registration
and the date upon which the Registrant
ceased to be a Registrant;
Change
Rationale
No Change
No Change
No Change
No Change
Addition of “of the fact”
Original Bylaw # 21.07 (viii)
DELETED
(viii) for every matter that has been
referred by the Inquiries, Complaints
and Reports Committee to the Discipline
Committee under section 26 of the
Code and has not been finally resolved,
until the matter has been resolved,
a. a notation of that fact, including the
Clarification of legal
terminology.
This bylaw has been replaced
and expanded with bylaw
21.07(xxiii).
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
(viii) where the College is satisfied
based upon reliable information that a
person ceased to be a Registrant as
result of his or her death, a notation to
that effect and the date upon which the
person ceased to be a Registrant if that
date is known to the College;
Page 7 of 25
Closing Date: August 8, 2015
Current Bylaw
date of the referral,
b. a summary of each specified
allegation, and
c. any hearing dates, including dates
for the continuation of the hearing;
New
(ix) unless otherwise required by the
Code, information required to be kept in
the register with regard to a former
Registrant who is deceased may be
removed from the register two years
after the date of the former Registrant's
death;
(x) the Registrant’s gender;
New
(xi) any language in which a Registrant
is able to communicate and provide
services to patients;
(xii) the name of any regulatory body
involving the delivery of health care of
which the Registrant is a member;
New
(xiii) a notation, including the date of the
referral, for every matter that has been
New
New
Original Bylaw # 21.07 (ix)
(ix) a notation, including the date of the
referral, for every matter that has been
Change
Rationale
ADDED: (viii) where the College is
satisfied based upon reliable
information that a person ceased to
be a Registrant as result of his or her
death, a notation to that effect and
the date upon which the person
ceased to be a Registrant if that date
is known to the College;
ADDED: (ix) unless otherwise
required by the Code, information
required to be kept in the register
with regard to a former Registrant
who is deceased may be removed
from the register two years after the
date of the former Registrant's death;
ADDED: (x) the Registrant’s gender;
Meets increased transparency
requirement.
ADDED: (xi) any language in which a
Registrant is able to communicate
and provide services to patients;
ADDED: (xii) the name of any
regulatory body involving the
delivery of health care of which the
Registrant is a member;
No change.
Meets increased transparency
requirement.
Promotes increased
transparency.
Promotes enhanced customer
service for patients.
This would mean that any
license related to delivery of
health care from any other
jurisdiction would appear on
the Public Register.
Meets increased transparency
requirement.
College of Homeopaths of Ontario
Formal Consultation Package
Page 8 of 25
Closing Date: August 8, 2015
Proposed Bylaw
referred by the Inquiries, Complaints
and Reports Committee to the Fitness
to Practice Committee under section 61
of the Code and has not been finally
resolved, until the matter has been
resolved;
Change
Current Bylaw
referred by the Inquiries, Complaints
and Reports Committee to the Fitness
to Practice Committee under section 61
of the Code and has not been finally
resolved, until the matter has been
resolved;
Original Bylaw # 21.07 (x)
(xiv) any information jointly agreed to be (x) any information jointly agreed to be
placed on the register by the College
placed on the register by the College
and the Registrant;
and the Registrant;
Original Bylaw # 21.07 (xi)
(xv) where the Registrant’s certificate of (xi) where the Registrant’s certificate of
registration is subject to any terms,
registration is subject to any terms,
conditions and limitations, the reason for conditions and limitations, the reason for
them, the date they took effect, and
them, and the date they took effect;
where applicable, the Committee
responsible for the imposition of
those terms, conditions and
limitations;
(xvi) where applicable, a summary of
New
any restriction on a Registrant’s right to
practise:
a. resulting from an undertaking given
by the Registrant to the College or
an agreement entered into between
the Registrant and the College; or
b. of which the College is aware and
which has been imposed by a court
or other lawful authority, in which
event the summary of the restriction
shall also include the source and
nature of the restriction;
Rationale
No change
ADDED:
“and where applicable, the Committee
responsible for the imposition of those
terms, conditions and limitations;”
Meets increased transparency
requirement.
ADDED: (xvi) where applicable, a
summary of any restriction on a
Registrant’s right to practise:
a. resulting from an undertaking given
by the Registrant to the College or
an agreement entered into between
the Registrant and the College; or
b. of which the College is aware and
which has been imposed by a court
or other lawful authority, in which
event the summary of the restriction
shall also include the source and
nature of the restriction;
Meets increased transparency
requirement.
This provision is from the
Health Professions Procedural
Code, Schedule 2, Regulated
Health Professions Act, 1991
under section 3.(2).
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
(xvii) where the Registrant’s certificate
of registration is subject to an interim
order, a notation of that fact, the nature
of the order and the date that the order
took effect;
(xviii) where a suspension on a
Registrant’s certificate of registration is
lifted or otherwise removed, the
effective date of the lifting or removal of
that suspension and, where applicable,
the Committee responsible for the lifting
or removal of the suspension;
(xix) where the Registrant’s certificate of
registration is subject to a suspension
for failure to pay a fee, the reason for
the suspension and the date of the
suspension in addition to the fact of the
suspension;
(xx) where the Registrar confirms
whether the College is investigating a
Registrant because there is a
compelling public interest in disclosing
this information pursuant to 36(1)(g) of
the RHPA, the fact that the Registrant is
under investigation;
Page 9 of 25
Closing Date: August 8, 2015
Current Bylaw
Original Bylaw # 21.07 (xii)
(xii) where the Registrant’s certificate of
registration is subject to an interim
order, a notation of that fact, the nature
of the order and the date that the order
took effect;
New
Original Bylaw # 21.07 (xiii)
(xiii) where the Registrant’s certificate of
registration is subject to a suspension
for failure to pay a fee, the reason for
the suspension and the date of the
suspension in addition to the fact of the
suspension;
New
(xxi) where a panel of the Investigations, New
Complaints and Reports Committee
requires a Member to appear before a
panel of the Committee to be cautioned,
a. a notation of that fact,
b. a summary of the caution,
Change
No change
Rationale
ADDED: (xviii) where a suspension
Meets increased transparency
on a Registrant’s certificate of
requirement.
registration is lifted or otherwise
removed, the effective date of the
lifting or removal of that suspension
and, where applicable, the Committee
responsible for the lifting or removal
of the suspension;
No change
ADDED: (xx) where the Registrar
confirms whether the College is
investigating a Registrant because
there is a compelling public interest
in disclosing this information
pursuant to 36(1)(g) of the RHPA, the
fact that the Registrant is under
investigation;
ADDED: (xxi) where a panel of the
Investigations, Complaints and
Reports Committee requires a
Member to appear before a panel of
the Committee to be cautioned,
a. a notation of that fact,
Meets increased transparency
requirement.
Meets increased transparency
requirement.
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
Current Bylaw
c. the date of the panel’s decision, and
d. if applicable, a notation that the
panel’s decision is subject to review
and therefore is not yet final, which
notation shall be removed once the
review is finally disposed of;
Page 10 of 25
Closing Date: August 8, 2015
Change
b. a summary of the caution,
c. the date of the panel’s decision,
and
d. if applicable, a notation that the
panel’s decision is subject to
review and therefore is not yet
final, which notation shall be
removed once the review is
finally disposed of;
(xxii) where, a panel of the
New
ADDED: (xxii) where, a panel of the
Investigations, Complaints and Reports
Investigations, Complaints and
Committee takes other action requiring
Reports Committee takes other
a member to complete a specified
action requiring a member to
continuing education or remediation
complete a specified continuing
program,
education or remediation program,
a. a notation of that fact,
a. a notation of that fact,
b. a summary of the continuing
b. a summary of the continuing
education or remediation program,
education or remediation
c. the date of the panel’s decision,
program,
and
c. the date of the panel’s decision,
d. if applicable, a notation that the
and
panel’s decision is subject to
d. if applicable, a notation that the
review and therefore is not yet
panel’s decision is subject to
final, which notation shall be
review and therefore is not yet
removed once the review is finally
final, which notation shall be
disposed of;
removed once the review is
finally disposed of;
Original Bylaw # 21.07 (xx)
(xx) for every matter that has been
(xxiii) for every matter that has been
(xx) for every matter that has been
referred by the Inquiries, Complaints
referred by the Inquiries, Complaints
referred by the Inquiries, Complaints
and Reports Committee to the Discipline
and Reports Committee to the Discipline and Reports Committee to the Discipline Committee under section 26 of the
Committee under section 26 of the
Committee under section 26 of the
Code and has not been finally resolved,
Code and has not been finally resolved, Code and has not been finally resolved, until the matter has been resolved,
until the matter has been resolved,
until the matter has been resolved,
provide:
provide:
a. a notation of that fact, including the
a. a notation of that fact, including the
Rationale
Meets increased transparency
requirement.
The base of this Bylaw is from
the Health Professions
Procedural Code, Schedule 2,
Regulated Health Professions
Act, 1991 under section
23.(2).
Additional information has
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
a. a notation of that fact, including the
date of the referral,
b. a summary of each specified
allegation,
c. the notice of hearing,
d. any hearing dates, if the date has
been set,
e. the status of the hearing,
including the date of
commencement, continuation or
adjournment,
f. if the hearing has been
adjourned and no future date
has been set, the fact of the
adjournment, and
g. if the hearing of evidence and
arguments is completed and the
parties are awaiting a decision
of the Discipline Committee, a
statement of that fact;
(xxiv) if a finding of professional
misconduct or incompetence has been
made,
a. the date of the finding, and
b. a summary of the facts on which
the finding was based;
(xxv) where the College is aware that a
finding of professional misconduct or
incompetence or similar finding has
been made against the Registrant by a
body that governs a profession, inside
or outside of Ontario, and that finding
has not been reversed on appeal,
a. a notation of the finding,
Page 11 of 25
Closing Date: August 8, 2015
Current Bylaw
date of the referral,
b. a summary of each specified
allegation, and
c. any hearing dates, including dates
for the continuation of the hearing;
New
Original Bylaw # 21.07 (xiv)
(xiv) where the College is aware that a
finding of professional misconduct or
incompetence or similar finding has
been made against the Registrant by a
body that governs a profession, inside
or outside of Ontario, and that finding
has not been reversed on appeal,
a. a notation of the finding,
Change
date of the referral,
b. a summary of each specified
allegation, and
c. the notice of hearing,
d. any hearing dates, including dates
for the continuation of the hearing
if the date has been set,
e. the status of the hearing,
including the date of
commencement, continuation or
adjournment,
f. if the hearing has been
adjourned and no future date
has been set, the fact of the
adjournment, and
g. if the hearing of evidence and
arguments is completed and the
parties are awaiting a decision of
the Discipline Committee, a
statement of that fact;
ADDED: (xxiv) if a finding of
professional misconduct or
incompetence has been made,
a. the date of the finding, and
b. a summary of the facts on which
the finding was based;
REMOVE: “brief”
Rationale
been required to increase
transparency to the public.
Meets increased transparency
requirement.
This allows the College to
provide documentation for
adequate public knowledge
and transparency.
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
b. the name of the governing body
that made the finding,
c. a summary of the facts on which
the finding was based,
d. the penalty and any other orders
made relative to the finding,
e. the date the finding was made,
and
f. information regarding any appeals
of the finding;
(xxvi) where the College is aware that a
finding of incapacity or similar finding
has been made against the Registrant
by a body that governs a profession,
inside or outside of Ontario, and that
finding has not been reversed on
appeal,
a. a notation of the finding,
b. the name of the governing body
that made the finding,
c. the date the finding was made,
d. a summary of any order made, and
e. information regarding any appeals
of the finding,
unless the body that governs a
profession making the finding has not
made the finding public;
(xxvii) where a decision of the Discipline
Committee has been published by the
College with the Registrant’s name or
former name including,
a. a notation of that fact, and
b. identification of the specific
publication of the College which
Page 12 of 25
Closing Date: August 8, 2015
Current Bylaw
b. the name of the governing body
that made the finding,
c. a brief summary of the facts on
which the finding was based,
d. the penalty and any other orders
made relative to the finding,
e. the date the finding was made, and
f. information regarding any appeals
of the finding;
Change
Original Bylaw # 21.07 (xv)
No change
(xv) where the College is aware that a
finding of incapacity or similar finding
has been made against the Registrant
by a body that governs a profession,
inside or outside of Ontario, and that
finding has not been reversed on
appeal,
a. a notation of the finding,
b. the name of the governing body
that made the finding,
c. the date the finding was made,
d. a summary of any order made, and
e. information regarding any appeals
of the finding,
unless the body that governs a
profession making the finding has not
made the finding public;
Original Bylaw # 21.07 (xvi)
No change
(xvi) where a decision of the Discipline
Committee has been published by the
College with the Registrant’s name or
former name including,
a. a notation of that fact, and
b. identification of the specific
Rationale
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
contains the information;
DELETED
(xxviii) if an application to the Discipline
Committee for reinstatement has been
scheduled,
a. the dates on which the application
is scheduled to be heard,
b. if the hearing has been adjourned
and no future date has been set,
the fact of that adjournment,
c. if the decision is under reserve,
that fact, and
d. if an application to the discipline
committee for reinstatement has
been decided, the decision of the
discipline committee;
Page 13 of 25
Closing Date: August 8, 2015
Current Bylaw
publication of the College which
contains the information;
Original Bylaw # 21.07 (xvii)
(xvii) where, during or as a result of a
proceeding under section 25 of the
Code a Registrant has resigned, a
notation of that fact;
New
(xxix) where a Registrant agreed to
New
resign to avoid a proceeding before the
Discipline or Fitness to Practise
Committee or resigned while a discipline
or fitness to practise proceeding was
outstanding, a notation of that fact;
(xxx) any of the information in respect of
a former Registrant that was on the
register just before the registration
terminated, for a period of at least two
years after the termination of
Original Bylaw # 21.07 (xix)
(xix) any of the information in respect of
a former Registrant that was on the
register just before the registration
terminated, for a period of at least two
Change
Rationale
DELETED
This bylaw has been replaced
and expanded with bylaw
21.07(xxix).
ADDED: (xxviii) if an application to
the Discipline Committee for
reinstatement has been scheduled,
a. the dates on which the
application is scheduled to be
heard,
b. if the hearing has been
adjourned and no future date
has been set, the fact of that
adjournment,
c. if the decision is under reserve,
that fact, and
d. If an application to the discipline
committee for reinstatement has
been decided, the decision of
the discipline committee;
ADDED: (xxix) where a Registrant
agreed to resign to avoid a
proceeding before the Discipline or
Fitness to Practise Committee or
resigned while a discipline or fitness
to practise proceeding was
outstanding, a notation of that fact;
No change
Meets increased transparency
requirement.
Meets increased transparency
requirement.
College of Homeopaths of Ontario
Formal Consultation Package
Page 14 of 25
Closing Date: August 8, 2015
Proposed Bylaw
registration, except for any information
related to discipline proceedings in
Ontario, in which case it shall be
entered on the register for a period of
fifty years after the termination of
membership;
Change
Rationale
ADD: “the date of which the
certificate of authorization was
issued, and any revisions to the
certificate of authorization;”
Meets increased transparency
requirement.
ADDED: (xxxii) where a certificate of
authorization is revoked, suspended,
cancelled or otherwise terminated, a
notation of the effective date of every
revocation, suspension, cancellation
or other termination;
ADDED: (xxxiii) a summary of any
findings against a Registrant of
which the College is aware in respect
of a federal or provincial offence that
the Registrar believes is relevant to
the Registrant’s suitability to
practise;
ADDED: (xxxiv) a summary of any
currently existing charges against a
Registrant of which the College is
aware in respect of a federal or
This provision is from the
Health Professions Procedural
Code, Schedule 2, Regulated
Health Professions Act, 1991
under section 23.(2).
Current Bylaw
years after the termination of
registration, except for any information
related to discipline proceedings in
Ontario, in which case it shall be
entered on the register for a period of
fifty years after the termination of
membership;
(xxxi) in addition to the name of every
Original Bylaw # 21.07 (xviii)
health profession corporation of which
(xviii) in addition to the name of every
the Registrant is a shareholder, the
health profession corporation of which
business address, business telephone
the Registrant is a shareholder, the
number, business email address, if
business address, business telephone
there is one, any operating names of the number, business email address, if
health profession corporation, the date there is one, and any operating names
of which the certificate of
of the health profession corporation;
authorization was issued, and any
revisions to the certificate of
authorization;
(xxxii) where a certificate of
New
authorization is revoked, suspended,
cancelled or otherwise terminated, a
notation of the effective date of every
revocation, suspension, cancellation or
other termination;
(xxxiii) a summary of any findings
New
against a Registrant of which the
College is aware in respect of a federal
or provincial offence that the Registrar
believes is relevant to the Registrant’s
suitability to practise;
(xxxiv) a summary of any currently
existing charges against a Registrant of
which the College is aware in respect of
a federal or provincial offence that the
New
Meets increased transparency
requirement.
Meets increased transparency
requirement.
College of Homeopaths of Ontario
Formal Consultation Package
Page 15 of 25
Closing Date: August 8, 2015
Proposed Bylaw
Registrar believes is relevant to the
Registrant’s suitability to practise;
Current Bylaw
(xxxv) a summary of any currently
existing conditions, terms, orders,
directions or agreements relating to the
custody or release of the Registrant in
provincial or federal offence processes
or subsequent to a finding of guilt and
pending appeal, of which the College is
aware and that the Registrar believes is
relevant to the Registrant’s suitability to
practise;
New
(xxxvi) a summary of any existing
restriction on the Registrant's right to
practise that has been imposed by a
court or other lawful authority, if the
College is aware of the restriction,
including the name of the court or other
lawful authority that imposed the
restriction and the date the restriction
was imposed; and
New
(xxxvii) information that is required to be
kept in the register in accordance with
the bylaws.
New
21.08 – Information to be Withheld
from Public
All of the information referred to section
23 of the Code or as information
recorded in the register in these bylaws
is information designated to be withheld
Original Bylaw # 21.08
All of the information referred to section
23 of the Code or as information
recorded in the register in these bylaws
is information designated to be withheld
Change
provincial offence that the Registrar
believes is relevant to the
Registrant’s suitability to practise;
ADDED: (xxxv) a summary of any
currently existing conditions, terms,
orders, directions or agreements
relating to the custody or release of
the Registrant in provincial or federal
offence processes or subsequent to
a finding of guilt and pending appeal,
of which the College is aware and
that the Registrar believes is relevant
to the Registrant’s suitability to
practise;
ADDED: (xxxvi) a summary of any
existing restriction on the
Registrant's right to practise that has
been imposed by a court or other
lawful authority, if the College is
aware of the restriction, including the
name of the court or other lawful
authority that imposed the restriction
and the date the restriction was
imposed.
ADDED: (xxxvii) information that is
required to be kept in the register in
accordance with the bylaws.
No change
Rationale
Meets increased transparency
requirement.
Meets increased transparency
requirement.
This provision is from the
Health Professions Procedural
Code, Schedule 2, Regulated
Health Professions Act, under
section 23.(2).
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
from the public pursuant to subsection
23(6) of the Code such that the
Registrar may refuse to disclose to an
individual or post on the College’s
website any or all of that information if
the Registrar has reasonable grounds to
believe that disclosure of that
information may jeopardize the safety of
an individual.
21.09 – Providing Requested
Information to the College
If requested, the Registrant shall
immediately provide the College with
the following information, in the form
requested by the College:
(i) information required to be maintained
in the register in accordance with
subsection 23(2) of the Code and these
bylaws;
(ii) the address and telephone number
of the Registrant’s primary residence in
Ontario and, if the Registrant does not
reside in Ontario, the address and
telephone number of the Registrant’s
primary residence;
(iii) the Registrant’s business email
addresses and the Registrant’s
preferred email address for
communications with the College;
(iv) the Registrant’s professional
activities including the Registrant’s
Page 16 of 25
Closing Date: August 8, 2015
Current Bylaw
from the public pursuant to subsection
23(6) of the Code such that the
Registrar may refuse to disclose to an
individual or post on the College’s
website any or all of that information if
the Registrar has reasonable grounds to
believe that disclosure of that
information may jeopardize the safety of
an individual.
21.09 – Providing Information to the
College
If requested, the Registrant shall
immediately provide the College with
the following information, in the form
requested by the College:
Original Bylaw # 21.09 (i)
(i) information required to be maintained
in the register in accordance with
subsection 23(2) of the Code and these
bylaws;
Original Bylaw # 21.09 (ii)
(ii) the address and telephone number
of the Registrant’s primary residence in
Ontario and, if the Registrant does not
reside in Ontario, the address and
telephone number of the Registrant’s
primary residence;
Original Bylaw # 21.09 (iii)
(iii) the Registrant’s email addresses;
Change
Rationale
ADD the word “Requested” to the title.
Improves clarity of Bylaw.
Original Bylaw # 21.09 (iv)
(iv) the Registrant’s professional
activities including the Registrant’s
Change term from “clients” to “patients.” Make consistent with standard
language used by the College.
No change
No change
Reduce to one business email address.
ADD “the Registrant’s preferred email
address for communications with the
College”
Increased clarification on the
meaning of the Bylaw and the
expectation of the College.
College of Homeopaths of Ontario
Formal Consultation Package
Page 17 of 25
Closing Date: August 8, 2015
Proposed Bylaw
areas of practice and categories of
patients seen;
Change
Current Bylaw
areas of practice and categories of
clients seen;
Original Bylaw # 21.09 (v)
(v) information regarding the
(v) information regarding the
Registrant’s employment including:
Registrant’s employment including:
a. the Registrant’s title and position,
a. the Registrant’s title and position,
and
and
b. a description of the Registrant’s
b. a description of the Registrant’s role,
role, duties, and responsibilities;
duties, and responsibilities;
Original Bylaw # 21.09 (vi)
(vi) information about the Registrant’s
(vi) information about the Registrant’s
registration with any other body that
registration with any other body that
governs a profession, whether inside or governs a profession, whether inside or
outside of Ontario, including the name
outside of Ontario, including the name
of the governing body, the Registrant’s
of the governing body, the Registrant’s
registration or licence number and the
registration or licence number and the
date the Registrant first became
date the Registrant first became
registered;
registered;
Original Bylaw # 21.09 (vii)
(vii) information about the Registrant’s
(vii) information about the Registrant’s
participation in the quality assurance
participation in the quality assurance
program;
program;
Original Bylaw # 21.09 (viii)
(viii) information about the educational
(viii) information about the educational
institution where the Registrant obtained institution where the Registrant obtained
any certificates, diplomas or degrees in any certificates, diplomas or degrees in
homeopathy, the type of certificates,
homeopathy, the type of certificates,
diplomas or degrees obtained and the
diplomas or degrees obtained and the
date each was issued; and
date each was issued; and
Original Bylaw # 21.09 (ix)
(ix) information for the purpose of
(ix) information for the purpose of
compiling statistical data.
compiling statistical data.
21.10 – Notification of Changes
College
21.10 – Notification of College
The Registrant shall notify the College,
The Registrant shall notify the College,
Rationale
No change
No change
No change
No change
No change
REPLACE word “College’ with
“Changes” to title
Adds clarification to Bylaw.
College of Homeopaths of Ontario
Formal Consultation Package
Proposed Bylaw
in writing, of any changes to the
following information within 30 days of
the effective date of the change:
(i) the Registrant’s name,
(ii) the address and telephone number
of the Registrant’s primary residence in
Ontario and, if the Registrant does not
reside in Ontario, the address and
telephone number of the Registrant’s
primary residence,
(iii) the Registrant’s business address
or business telephone number,
(iv) the name, address or telephone
number of any business or entity that
employs the Registrant as a practitioner
of homeopathy, and, if the Registrant is
self-employed as a practitioner of
homeopathy, any changes to the
address or telephone number of the
location where the Registrant practises
other than addresses of individual
patients, and
(v) the Registrant’s business email
address and the Registrant’s
preferred e-mail address for
communications with the College.
21.11 – Immediate Notification to
College
Page 18 of 25
Closing Date: August 8, 2015
Current Bylaw
in writing, of any changes to the
following information within 30 days of
the effective date of the change:
Original Bylaw # 21.10 (i)
(i) the Registrant’s name,
Original Bylaw # 21.09 (ii)
(ii) the address and telephone number
of the Registrant’s primary residence in
Ontario and, if the Registrant does not
reside in Ontario, the address and
telephone number of the Registrant’s
primary residence,
Original Bylaw # 21.09 (iii)
(iii) the Registrant’s business address
or business telephone number,
Original Bylaw # 21.09 (iv)
(iv) the name, address or telephone
number of any business or entity that
employs the Registrant as a practitioner
of homeopathy, and, if the Registrant is
self-employed as a practitioner of
homeopathy, any changes to the
address or telephone number of the
location where the Registrant practises
other than addresses of individual
clients, and
Original Bylaw # 21.09 (v)
(v) the Registrant’s email address.
New
Change
Rationale
No change
No change
No change
Change term from “clients” to
“patients.”
Make consistent with standard
language used by College.
(v) the Registrant’s business email
address and the Registrant’s
preferred email address for
communications with the College.
ADDED new bylaw: 21.11 –
Immediate Notification to College
Change to clarify requirement
of Registrant’s business email
address or preferred email
address for communication
with the College.
Provides clarification of new
requirement for immediate
notification to College.
College of Homeopaths of Ontario
Formal Consultation Package
Page 19 of 25
Closing Date: August 8, 2015
Proposed Bylaw
Current Bylaw
A Registrant shall immediately notify the New
College in writing or electronically of any
currently existing conditions of release
(not including any information subject to
a publication ban) following a charge for
a federal or provincial offence or
subsequent to a finding of guilt and
pending appeal and any variations to
those conditions.
Change
ADD: A Registrant shall immediately
notify the College in writing or
electronically of any currently
existing conditions of release (not
including any information subject to
a publication ban) following a charge
for a federal or provincial offence or
subsequent to a finding of guilt and
pending appeal and any variations to
those conditions.
Rationale
Increased transparency
requirement.
The onus is on the Registrant
to notify the College of any
bail conditions and any
changes to bail conditions. It
will be up to the College to
decide whether those
conditions are relevant to the
Registrant’s practice.
College of Homeopaths of Ontario
163 Queen Street East, 4th Floor, Toronto, Ontario, M5A 1S1
TEL 416-862-4780 OR 1-844-862-4780
FAX 416-874-4077
www.collegeofhomeopaths.on.ca
Part C Consultation on Proposed Spousal Exception Regulation
On November 6, 2013, Bill 70, Regulated Health Professions Amendment Act (Spousal Exception), 2013 – An Act to
amend the Regulated Health Professions Act, 1991, (“RHPA”) received Royal Assent and became law.
This amendment was a private member’s bill. Though not mandatory, it provides each regulatory College with the
authority to create a regulation that permits members to treat spouses, exempting such treatment from the sexual abuse
provision of the RHPA. The amendment leaves it up to individual Colleges to decide whether they wish to apply to the
Government to allow a registrant to treat his or her spouse.
Currently, subsection 1 (3) of the Health Professions Procedural Code1, which is Schedule 2 to the Regulated Health
Professions Act, 1991, (RHPA) sets out a definition of “sexual abuse” that includes certain conduct, behaviour and
remarks between a patient and a member of a regulated health profession. A new subsection [1(5)] of the Code provides
for an exception where the patient is the member’s spouse and the conduct, behaviour or remark does not occur while
the member is engaged in the practice of the profession. The exception is available to a member of a particular health
profession only if the member’s College makes a regulation that adopts the exception.
The Council of the College of Homeopaths of Ontario approved the circulation of the proposed Spousal Exception
Regulation. Following public consultation, the proposed regulation will be submitted to the Government of Ontario for
their consideration and approval.
Currently, a CHO registrant is not permitted to treat his or her spouse and is in breach of the RHPA’s sexual abuse
provisions if they do so. If approved by the Government of Ontario, the proposed regulation would create an exception
and would allow registrants to treat their spouses. In the meantime, guidance on sexual abuse and appropriate
boundaries has been provided to registrants under CHO Professional Practice Standard #16 – Therapeutic
Relationships and Professional Boundaries.
Proposed Spousal Exception Regulation under the Homeopathy Act, 2007
“Conduct, behaviours or remarks that would otherwise constitute sexual abuse of a patient by a member under the
definition of “sexual abuse” in subsection 1(3) of the Health Professional Procedural Code of the Regulated Health
Professions Act, 1991, shall not constitute sexual abuse, if
a) The patient is the member’s spouse; and
b) The member is not engaged in the practice of the profession at the time the conduct, behaviour or remarks
occur.”
RHPA, 1991 – Interpretations subsection 1(3) of the Health Professions Procedural Code (Schedule 2),
Sexual abuse of a patient
(3) In this Code,
“sexual abuse” of a patient by a member means,
(a) sexual intercourse or other forms of physical sexual relations between the member and the patient,
(b) touching, of a sexual nature, of the patient by the member, or
(c) behaviour or remarks of a sexual nature by the member towards the patient. 1993, c. 37, s. 4.
Exception
(4) For the purposes of subsection (3),
“sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided. 1993, c. 37, s. 4.
Exception, spouses
(5) If the Council has made a regulation under clause 95 (1) (0.a), conduct, behaviour or remarks that would otherwise constitute sexual abuse of a patient by a
member under the definition of “sexual abuse” in subsection (3) do not constitute sexual abuse if,
(a) the patient is the member’s spouse; and
(b) the member is not engaged in the practice of the profession at the time the conduct, behaviour or remark occurs. 2013, c. 9, s. 1 (1).
1
College of Homeopaths of Ontario
Personal Contact Form
Consultation
Please return by August 8, 2015
163 Queen Street East, 4th Floor, Toronto, Ontario, M5A 1S1
TEL 416-862-4780 OR 1-844-862-4780
FAX 416-874-4077
www.collegeofhomeopaths.on.ca
How to Provide Feedback
The formal consultation process allows individuals to provide written comments on the proposed changes in general and
to express opinions and/or concerns on any specific point raised in this package.
When preparing your feedback, please be sure to indicate clearly the items on which you are commenting. .
Submit feedback no later than 11:59 pm August 8, 2015 using ONE of the following methods:
On-line survey (preferred):
Check www.collegeofhomeopaths.on.ca for a link to the survey.
Mail:
Feedback, College of Homeopaths of Ontario
163 Queen Street East, Toronto, ON M5A 1S1
Fax:
(416) 874-4077
Email:
[email protected] (Word document)
If submitting by mail or fax, please submit a copy of the Personal Contact Form with your feedback.
The CHO extends its sincere thanks for taking the time to provide your feedback. Your participation promotes the
continued quality of homeopathy care and public protection in Ontario. All written comments and feedback will be
carefully considered by the College and its committees.
Please complete both pages of this form and return them with your submission. The contact information below is
collected for statistical purposes and to allow us to contact you in the future with your permission. You may decide to
comment on all or selected sections of the proposed changes.
Contact Information
Full Name
_______________________________________________________________________________
E-mail
_______________________________________________________________________________
Phone
___________________________
Address
_____________ __________________________________________________________________
City
___________________________
Province
I am a:
□
□
Member of the public
Registrant
Potential Registrant
□
□
Alternative Phone
___________________________
_____ Postal Code
Other health-care professional
□
□
______________
Student
Other
Explain: _____________
Guidelines for Posting Feedback
To encourage transparency and open dialogue, feedback from individuals and organizations will be posted on the CHO
website at the discretion of the College and according to the following guidelines:
1. The feedback form is complete, signed and returned to the College by e-mail, mail or fax, or submitted via the
on-line survey with consent indicated.
2. Comments are related to the matter under consultation.
3. The response does not include abusive, derogatory, threatening or harassing comments about individuals or
organizations.
4. Names of organizations submitting feedback will be posted; however, names of individuals will not. Submissions
from individuals will be assigned a numerical code.
5. All feedback will be carefully considered by the College and its committees.
CHO Consent for Posting of Written Submissions
I understand that written submissions may be posted on the website of the College of Homeopaths of Ontario. (Note:
For your submission to be posted on the site, you must indicate your consent below.)
I understand that identifying information will be removed from submissions made by individuals. I understand that the
names of organizations will be posted publicly. Contact information will not be posted.
I understand that the College will review submissions and, at its discretion, may choose not to post submissions.
□
□
□
I consent to having my submission posted publicly.
On behalf of the organization listed below, I consent to having our group’s submission posted publicly.
I do not wish to receive further information or updates from the College of Homeopaths of Ontario.
Name ________________________________________
Date
_________________________________
Organization, School or Association Submission
□
I have authority to provide feedback on behalf of the school, organization or association below.
Organization/Association/School
____________________________________________________________
Your position ___________________________________________
Number of people represented ______
E-mail _____________________________________________________________________________________
Address ____________________________________________________________________________________
City
____________________________ Province __________
Name ________________________________________
Date
Postal Code
____________________
_________________________________
Please be sure to indicate the item(s) on which you are providing comments, and to include a
copy of this contact form each time you make a submission.
Thank you for your contribution to the work of the College of Homeopaths of Ontario.
Comments
Name:____________________
Comments on Part A proposed change to Bylaw 10.02 Election Date:
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Comments on proposed changes to Bylaw 21 Public Register (Please use separate sheet as required):
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Comments
Name:_______________________
Do you support the proposed spousal exception regulation?
___ Yes
___ No
___ Unsure
Comments on proposed new regulation Treatment of Spouse:
________________________________________________________________________________________________
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Other comments:
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