|This is an unofficial archived version of The Naturopathie Act|
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. N80
The Naturopathie Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"association" means The Manitoba Naturopathic Association: ("Association")
"board" means The Board of Naturopaths for which provision is made herein; ("conseil")
"naturopathy" means a drugless system of therapy that treats human injuries, ailments, or diseases, by natural methods, including any one or more of the physical, mechanical, or material, forces or agencies of nature, and employs as auxiliaries for such purposes the use of electrotherapy, hydro-therapy, body manipulations, or dietetics; ("naturopathie")
"registered naturopath" means a person who is registered as a member of the association. ("naturopathe inscrit")
The Manitoba Naturopathic Association is continued as a body corporate with the objects, powers, and duties set forth herein.
The association shall be composed of
(a) all persons who are members thereof on the coming into force of this Act; and
(b) all other persons who, after the coming into force of this Act, are registered as members of the association under this Act.
The head office of the association shall be at The City of Winnipeg in Manitoba or at such other place in Manitoba as may be determined by the by-laws of the association.
The association may purchase or otherwise acquire, hold, and alienate property, movable or immovable, real or personal, and may do and perform all such acts and things as bodies corporate generally can do and perform, and has the general capacity which the common law ordinarily attaches to corporations incorporated by royal charter under the great seal.
There shall be a board elected or appointed as provided in the regulations, which shall consist of five persons, and which shall be known as: "The Board of Naturopaths".
The members of the board shall hold office until their successors are appointed or elected under this Act and the regulations.
The presence of at least three members of the board is necessary at any meeting of the board to constitute a quorum.
The board may, subject to all other provisions of this Act, make regulations ancillary thereto
(a) for the regulation of naturopaths as members of the association and as to the terms and conditions upon which the members shall be entitled to practise naturopathy in Manitoba:
(b) prescribing the qualifications as to education, character, and experience that a naturopath must have before he may be so registered;
(c) for maintaining a register of persons so entitled to practise; and providing for the fees payable by a naturopath,
(i) on being so registered; and
(ii) for the annual renewal of his registration;
(d) prescribing the discipline and control of registered naturopaths, including the prohibition or control of advertising by or on behalf of any registered naturopath:
(e) for the investigation of any complaint of unprofessional conduct, incompetency, or want of skill, on the part of any registered naturopath:
(f) for the cancellation or suspension of the registration of any registered naturopath found by the board to be guilty of such unprofessional conduct, incompetency or lack of skill as to render it desirable in the public interest that his registration should be cancelled or suspended;
(g) for the reinstatement of any naturopath whose registration has been cancelled or suspended;
(h) fixing the maximum fees or charges that a naturopath may receive or make for professional services rendered by him;
(i) respecting the calling of meetings of the board as well as of the association, the procedure to be followed at meetings, and the right to vote thereat;
(j) concerning the election or appointment, and the term of office, of the members of the board, and the creation of offices, and the duties to be performed oy persons holding those offices;
(k) as to the application of funds of the association; and
(l) generally for the better carrying out of this Act.
Regulations made by the board do not come into force until they have been published in one issue of The Manitoba Gazette.
The board may at any time amend or revoke any regulation; but no such amendment or revocation has effect until it is published in one issue of The Manitoba Gazette.
No action shall be brought against the board or against any member of the board for anything done in good faith under this Act and within the powers of the board, notwithstanding any want of form in the proceedings.
Any person whose application for registration has been refused, or whose registration has been cancelled or suspended, may, at any time within one month from the date of the decision or order of the board, appeal from the decision or order of the board to a judge of the Court of Queen's Bench.
Ten days' notice of every appeal shall be served on the secretary of the board and a copy thereof filed with the Registrar of the court.
The judge shall deal with the appeal in a summary manner, and his decision is final; and the costs of the appeal are in the discretion of the judge.
The board shall make rules concerning the examinations and the conduct thereof, including the age, moral character, and academic standing, of applicants for examination and also as to examination fees.
There shall be an examining committee appointed by the board for the purpose of examining the qualifications of every person who applies to be registered as a member of the association.
The examining committee shall be composed of three members of the association, each of whom shall hold office for such term as the board shall fix.
Where a member of the examining committee resigns, or is unable or unwilling to act, or dies, the board shall appoint another member to act in his place for the residue of the term for which he was appointed.
Subject to section 3, the persons entitled to apply for registration as members of the association are only those who
(a) file with the examining committee a certificate or other evidence satisfactory to the examining committee, showing that they have passed at least junior matriculation examinations or an examination equivalent thereto;
(b) have attended a school or college of naturopathy that is approved by the board, for at least four academic years and graduated therefrom;
(c) pass an examination, prepared or approved by the examining committee, on each of the following subjects: anatomy, physiology, chemistry, pathology, histology, neurology, gynaecology, sanitation and hygiene, general diagnosis including symptomatology, and the principles and practice of the methods of naturopathy; and
(d) comply with those provisions of the regulations that concern admission and registration.
In a written report to the board the examining committee shall indicate the results of its investigation and examination of every person who applies for registration as a member of the association.
Where the board is satisfied that an applicant is duly qualified to practise naturopathy and that he is a person of integrity and good moral character, it shall, subject to this Act and the regulations, grant him a certificate of registration which entitles him to all the rights and privileges conferred by this Act.
No person other than a registered naturopath shall engage in the practice of naturopathy, or use the title "Naturopath" or any word, title or designation abbreviated or otherwise, to imply that he is engaged in the practice of naturopathy.
Every person who practises naturopathy, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, for hire, gain, reward, or remuneration, or the hope or expectation thereof, unless he is a registered naturopath, is guilty of an offence.
Every person who is not a registered naturopath and who practises, or holds himself out as practising naturopathy, either alone or in conjunction with any other method of treatment of the body for disease and the causes of disease, or advertises, or uses any prefix or suffix to his name signifying, that he is qualified to practise naturopathy, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, is guilty of an offence.
No registered naturopath shall, in conjunction with his name, and to designate his profession or calling, display, or make use of, the prefix or title "Doctor" or the abbreviation "Dr.", or any other words or letters commonly used to designate a legally qualified medical practitioner, or that suggest that he is a graduate or licentiate in medicine or surgery of any university or other diploma-granting body, unless at the same time he displays, or makes use of, the word "Naturopathy", or the word "Naturopath", immediately preceding or following his name.
It is an offence for any person wilfully to procure, or attempt to procure, himself to be registered under this Act by making any false or fraudulent representation or declaration, either orally or in writing; and every person knowingly aiding or assisting him therein is guilty of an offence.
In any prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of unlicensed practice, or has committed on one occasion any act prohibited by this Act.
No prosecution under this Act shall be commenced after two years from the date of the alleged offence.
Every person who commits an offence against any provision of this Act, is liable, on summary conviction,
(a) for a first offence, to a fine not exceeding $100.;
(b) for a second offence, to a fine not exceeding $250.; and
(c) for a third or subsequent offence, to imprisonment for a term not exceeding three months without the option of a fine.
All penalties recoverable under this Act shall be paid to the convicting magistrate and by him be paid to the association, and shall form part of the funds thereof.
Every registered naturopath is entitled to demand from any person by whom he is consulted or employed, and to recover as a debt in any court of competent jurisdiction, the proper charges for the consultation and employment, or either of them.
Every registered naturopath is, if he so desires, exempt from serving on all juries and inquests whatsoever.
No registered naturopath is liable in any action for negligence or malpractice by reason of professional services requested and rendered, unless the action is commenced within two years from the date when, in the matter complained of, those professional services terminated.
Nothing in this Act applies to or affects,
(a) the practice of any profession or calling by any person practising it under authority of a general or special Act of the Legislature;
(b) any nurse acting in the absence of, or under the prescription or direction of, a legally qualified medical practitioner;
(c) the furnishing of first aid or temporary assistance in cases of emergency;
(d) persons treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom.
Any naturopath who has reason to believe that any person whom he may be treating has any contagious or infectious disease, or any other disease dangerous to public health, shall immediately give notice in writing to the officer of health of the municipality in which that person resides.
Nothing in The Medical Act prohibits a registered naturopath from practising naturopathy for hire, gain, or hope of reward.
Nothing in this Act or the regulations authorizes any person to prescribe or administer drugs for use internally or externally, or to use or direct or prescribe the use of anaesthetic for any purpose whatsoever, or to practise surgery or midwifery.