Professionals should not go up against their regulator alone
The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario (“CTCMPAO”) is the regulator for Traditional Chinese Medicine Practitioners and Acupuncturists in Ontario. They:
- decide who has a certificate to practice as a Traditional Chinese Medicine Practitioner and Acupuncturist
- handle complaints against Traditional Chinese Medicine Practitioners and Acupuncturists
But your College does not work for you. In fact, the College can:
- deny applicant’s applications for a certificate to practice or
- suspend, revoke or place terms, conditions, or limitations on traditional Chinese medicine practitioners and acupuncturist’s certificate to practice
If you plan to apply to the College or have received notice of complaint it is important that you have representation to protect your interests and defend your rights.
Our team of experienced lawyers can assist traditional Chinese medicine practitioners and acupuncturists with matters including:
- Advising Traditional Chinese Medicine Practitioners and Acupuncturists on compliance with relevant legislation and standards
- Responding to complaints and investigations at the College
- Representing Traditional Chinese Medicine Practitioners and Acupuncturists at the Fitness to Practise Committee
- Defending Traditional Chinese Medicine Practitioners and Acupuncturists in hearings before the College’s Discipline Committee
- Advocating for Traditional Chinese Medicine Practitioners and Acupuncturists to resolve matters through the College’s complaint resolution process
- Representing Traditional Chinese Medicine Practitioners and Acupuncturists in appeals before the Divisional Court of Ontario
- Advising Traditional Chinese Medicine Practitioners and Acupuncturists on issues within their field including those related to licensing, privacy, confidentiality, and employment issues related to staff and contractors
Registration
Applying for a Certificate of Registration at the College can be a complex process.
The CTCMPAO offers three types of certificates:
- General Class – primary route for applicants looking for registration with the College
- General Class (Labour Mobility) – for applicants who are currently registered in another Canadian province
- Student Class – for students to stay engaged with the College and also continue supervised practice of the profession
Applications are reviewed by the Registrar, who look for the following requirements:
- Successful completion of a full-time post-secondary traditional Chinese medicine program
- Completion of a program of clinical experience consisting of at least 45 weeks of clinical experience involving at least 500 hours of direct patient contact
- Successful completion of the Pan-Canadian Registration Examinations
- Completion of the Safety and Jurisprudence Test in Ontario
- Additional documentation
Once reviewed, the Registrar may:
- Issue a certificate of registration if all requirements have been met
- Refer the application to the Registration Committee for further review
The Registration Committee then directs the Registrar to do any one or more of the following:
- Issue a certificate of registration
- Issue a certificate of registration if the applicant successfully completes examinations set or approved by the panel
- Issue a certificate of registration if the applicant successfully completes additional specified training
- Issue a certificate of registration with specified terms, conditions, and limitations
- Refuse to issue a certificate of registration
Our office can help you prepare an application and offer legal advice on concerns you may have. If you are planning to apply for a certificate from the CTCMPAO, contact us today.
Screening Committee
The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario (CTCMPAO) has a formal complaint process and receives complaints from:
- members of the public
- clients of Traditional Chinese Medicine Practitioners and Acupuncturists
- employers of Traditional Chinese Medicine Practitioners and Acupuncturists
- other practitioners and acupuncturists
Members of the College are required to file a complaint, if they have obtained reasonable grounds to believe that another member of the same or different College has sexually abused a patient, is incompetent or is incapacitated.
The Complaint Process includes the following steps:
- A formal complaint is filed in writing, on visual or audio tape, or any other recorded format
- The member receives a copy of the complaint and is given an opportunity to submit a written response to the college
- The Inquiries, Complaints and Reports Committee (ICRC) conducts an investigation
- The ICRC then issues a decision
Decisions of the ICRC may include one or more of the following:
- Taking no further action
- Cautioning the member
- Referring the complaint to the Discipline or Fitness to Practise Committee
- Taking other action that the panel considers appropriate
These outcomes can have very serious financial and personal impacts on members. If you have received a complaint from the CTCMPAO, please contact us today.
Discipline Committee
The ICRC may refer a complaint to the Discipline Committee if it contains specified allegations of professional misconduct and/or incompetence.
Before a matter progresses to a hearing at the Discipline Committee a pre-hearing may occur. A pre-hearing is an opportunity for the College and the member to present their case in an informal manner.
In our experience a pre-hearing at a college can be used to:
- Reduce the allegations against a member
- Reduce the penalty being sought by a member
- Raise important legal issues before trial
At the Discipline Committee a trial may take place where witnesses are called, and evidence is heard.
Outcomes at the Discipline Committee may include:
- Ordering a reprimand
- Suspension of a member’s certificate of registration
- Imposition of additional terms, conditions, and limitations on the member’s certificate of registration
- Ordering the payment of fines
- Revocation of a member’s certificate of registration
These are extremely serious public outcomes. If your matter has or could be referred to the Discipline Committee, please contact us today.
Fitness to Practise Committee
The Fitness to Practise Committee is a specialized independent committee that reviews cases where a member’s conduct was impacted by an ongoing physical or mental medical condition, often referred to as “incapacitated”.
In our experience, a referral to the Fitness to Practise Committee can offer a number of benefits to members, because:
- Complaints are generally resolved in a more private and confidential manner
- The goal of the process is ensuring the health of the member through rehabilitative methods
If the panel determines that the member is incapacitated, they may:
- Order a suspension
- Impose additional terms, conditions, and limitations on the member’s certificate of registration
- Revoke a member’s certificate of registration
However, it is unusual for members to be referred to Fitness to Practise Committees without legal representation because it requires experienced and detailed representation to present the evidence required by the ICRC to issues a referral. If there is a complaint against you, contact us today to see how we can help.
Appeals
Decisions of the:
- ICRC, and
- Registration Committee
can be appealed to the Health Professions Appeal and Review Board (“HPARB”).
Decisions of the:
- Discipline Committee, and
- Fitness to Practise Committee,
can be appealed to the Ontario Divisional Court.
Unfortunately, self-represented individuals are very rarely successful in appeals. We have unique expertise in appeals from regulatory colleges. If you are considering an appeal, please contact us today.
