[FONT="]New rules governing traditional Chinese medicine in Ontario are cause for concern among practitioners[/FONT]
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http://www.ottawacitizen.com/health...ese+medicine+Ontario+cause/8179672/story.html[/FONT]
[FONT="]By Teresa Smith,
OTTAWA CITIZEN April 1, 2013 7:07 PM [/FONT]
[FONT="]OTTAWA — New regulations governing who is allowed to practise traditional Chinese medicine in Ontario have critics worried that those most experienced in the art will lose their licence to practise.[/FONT]
[FONT="]The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, which was created in 2006, began regulating traditional Chinese medicine on Monday.[/FONT]
[FONT="]Now, every person wishing to perform acupuncture, prescribe traditional herbal remedies or advise patients about proper nutrition must register with the college after passing a series of tests or display that they have equivalent experience after having seen at least 2,000 patients in the last five years.[/FONT]
[FONT="]The college will also handle complaints from the public.[/FONT]
[FONT="]Traditional Chinese medicine is an ancient treatment designed to balance the yin and yang — or contrary forces — in one’s system.[/FONT]
[FONT="]Some critics of the new regulations say they specifically target older doctors — often those with the most experience — because they don’t have enough language skills to pass the written tests.[/FONT]
[FONT="]While they welcome the professionalization of their practice — putting it in line with chiropractors, massage therapists and physiotherapists — some traditional doctors argue the college has placed the emphasis on a knowledge of English or French, rather than expertise in the Chinese medical field.[/FONT]
[FONT="]Dr. Jia Li from Toronto has gone so far as to launch a Charter challenge on behalf of all Chinese medical practitioners, saying the regulations discriminate against them on the basis of race and language.[/FONT]
[FONT="]His lawyer, Cecil Rotenberg, says the regulations will result in 40 per cent of Ontario’s 2,000 Chinese medical experts being stripped of their titles, causing some patients to question their professionalism.[/FONT]
[FONT="]Rotenberg said the testing system which judges whether a person can read, write and speak English “reasonably” is too subjective.[/FONT]
[FONT="]“So, if somebody on the council has it out for you, they could just say that you don’t speak, read and write English reasonably. And, how can you prove otherwise? What is reasonable?” he asked.[/FONT]
[FONT="]In British Columbia, practitioners can take their exams in Mandarin, leading Rotenberg to question the reasoning behind the rules.[/FONT]
[FONT="]“I think Ontario has forgotten that traditional Chinese medicine is a cultural aspect of a Chinese life. We practise multiculturalism here and there’s nothing unsafe about the good, solid practice of Chinese Medicine,” he said.[/FONT]
[FONT="]He will argue the case before a three-member panel at a Toronto divisional court in the week of June 24 and has asked the court for an injunction against the implementation of the regulations until the decision comes down.[/FONT]
[FONT="]Still, Emily Cheung, the college’s registrar, said the new regulations will allow the public to be assured that every practitioner treating them has met certain standards.[/FONT]
[FONT="]“Right now, there are no rules or policies and individuals can practise however they choose,” said Cheung. “The public does not know whether a person is qualified or not because anyone can call themselves a traditional Chinese medicine doctor.”[/FONT]
[FONT="]B.C. was the first province to regulate Chinese medicine, in April 2003. Ontario is the second.[/FONT]
[FONT="]Zhao Qi Guo, who owns and operates Sino Acupuncture Clinic on Bayview Road said he passed the tests easily because he was “very familiar” with the subject matter.[/FONT]
[FONT="]Still, because he learned his craft in Chinese and has been practising in Canada since 1990, he had to brush up to ensure he knew the proper English terminology, something he said might put older Chinese practitioners at a disadvantage.[/FONT]
[FONT="]“Before coming to Canada, I studied English through the TV stations and the radio so I could pass the test very easily. But, there are some who are older than me, who would have learned Russian instead of English in school in China ... those older people will have a hard time.”[/FONT]
[FONT="]Guo, 68, is a member of the Chinese Medicine and Acupuncture Assocation of Canada, a group that lobbies for the regulation of traditional chinese medicine and acupuncture “for the best interests of the public and to protect the high repute of the Traditional Chinese Medical community,” according to its website.[/FONT]
[FONT="]He was trained as a medical doctor in China before studying traditional Chinese medicine under his father, who himself studied under a master in China.[/FONT]
[FONT="]Many practitioners learn the treatments from ancestors rather than studying in a school setting, causing some to worry that those people will be excluded under the new provisions.[/FONT]
[FONT="]Cheung, however, said that it is possible for practitioners who learned from ancestral tradition to get registered.[/FONT]
[FONT="]“They only need to prove that the number of patients that they’ve seen in the past five years was 2,000,” Cheug said, adding that those who do not speak English can also become certified.[/FONT]
[FONT="]“If there is anyone lacking official language skills, they have to provide a written plan on how they plan to communicate with patients, hospitals, other health care professionals, and relay information.”[/FONT]
[FONT="]Certification — which will have to be renewed every year in June — is already underway, with 1,000 practitioners having already passed their safety tests and another 1,000 waiting to take the test, said Cheug. Only 30 have failed.[/FONT]
[FONT="]The new regulations will ensure practitioners are penalized for inappropriate practice. The list of 49 offences of professional misconduct includes attempting to give treatment which requires knowledge practitioners do not have, abusing patients in a physical, ethical, or emotional manner and charging excessive fees.[/FONT]
[FONT="]A violation will result in an investigation by the Canadian Institute for Conflict Resolution.[/FONT]
[FONT="]General offences such as operating without a licence fall under the Regulated Health Professions Act. A first-time violation could result in a $25,000 fine and a year in prison.[/FONT]
[FONT="]With files from The Canadian Press[/FONT]
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tesmith@ottawacitizen.com[/FONT]
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