DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

1. At all time, everywhere and in all circumstances, a CM Practitioner must act accordingly to the laws of life and health. He has the duty to help people in protecting their well being.
   
   
2. Every CM practitioner has the responsibility to favour the progress of Chinese medicine and acupuncture amongst the population by taking informative measures and educating in his/her field of practice.
   
   
3. Every CM Practitioner must practice in a place respecting the rules of hygiene and public sanitation as well as in conditions non susceptible to compromise the quality of his/her services. The practitioner must be physically neat and careful in his/her language and attitude towards everybody.
   
   
4. The Cm practitioner must express his opinions with honesty and precision when addressing the public. He/she must restrain from diffusing false information concerning a therapy or a remedy, and to promote any remedy, treatment or instrument that has not been the subject of a study or agreement with a committee of colleagues from the Council.
   
   
5. The CM practitioner must keep him/her self at all times from harassing anybody by demanding funds or by publicizing, recruiting, referring or soliciting his consultant to sectarian groups that are either communal, esoteric, religious, spiritual or politic.
   
   
6. The CM practitioner must inform the public with honesty as to his/her intervention role in natural health, collaborating and respecting other intervening individuals, taking in consideration first of all protecting the person/ patient.

DUTIES AND OBLIGATION TOWARDS THE PATIENT

1. The CM practitioner must abstain himself from guaranteeing explicitly or implicitly any form of healing.
   
   
2. The CM practitioner should inform the patient that he can provide tools that will enhance the natural process of reestablishing health inherent to everyone, within the individual limits of each individual.
   
   
3. The CM practitioner should not refuse his /her services for reasons of race, colour, sexual orientation, age, convictions either political or religious, language and social status, physical or mental handicap.
   
   
4. The CM practitioner must be compassionate and able to respond to the consultant’s requests. He/she must develop ways to treat the patient by listening and intervening as he/she should want a professional to do the same for him/ her.
   
   
5. The CM practitioner should fully inform the patient about the nature, the effects, the duration, the cost, the limits and the compatibility with other cars involved in the treatment. He must obtain from the patient a free and enlightened agreement.
   
   
6. The CM practitioner must account for his capacities and know-how as well as the options at his disposition. If there is any doubt, he must seek advice from another therapist or practitioner or refer the patient to any other competent intervening individual. The practitioner must allow the patient at all times his freedom of choice concerning his therapy and his therapist. He must recognize at all times the right of his patient to require another competent therapist.
   
   
7. The CM practitioner should answer the request of the patient before all. He/ she must establish a relation of confidence between him/her self and the patient. In order to do this it is preferably to:
       a. abstain from being impersonal in his/her practice.
       b. conduct the interviews respecting the personal convictions of the patient
   
   
8. The CM practitioner is the only person who should accompany a patient during a consultation. He must not delegate any task concerning the practice of Chinese medicine to a subordinate not qualified as a MC practitioner.
   
   
9. The CM practitioner should abstain from interfering in the personal affairs of his/her patients on subjects that do not refer to his/her competence.
   
   
10. The CM practitioner should not administer any care, treatment or remedy unless it is necessary and expected to be beneficial and should cease if harmful or inefficient.
    
    
11. If the CM practitioner must abstain himself from any form of sexual harassment.
    
    
12. The CM practitioner should abstain from seeking or obtaining unduly any profit by prescribing remedies, exams or treatments.
    
    
13. The CM practitioner is self-employed and responsible. He is the only judge of the number and frequency of his interventions toward his patients as long as they are personalized and respecting the general boundaries of Chinese Medicine.

STANDARDS OF PRACTICE FOR ACUPUNCTURE

It order to protect the health interest of the public, the public sanitation department of Toronto has made recommendations and requirements for safe treatment procedures.

1. A hand washing station with hot and cold water must be set up.
2. Cleansing soap, cleaning compound and disposable paper towels must be provided.
3. Smooth surfaces for the surrounding area of the clinic, tables and chairs are required for easy cleaning. Clean and sanitize these areas regularly by using water mixed with bleach.
4. Counterpane should be clean, and the paper cover used on the bed should be changed for each patient.
5. Cupping jars must be washed after each use, and the use of medical alcohol for sanitizing.
6. Use only single-use disposable and aseptic needles.
7. Scrap needs must be placed in a special container and handled with care.

INSURANCE REQUIREMENTS

OCACM requires all members who practice TCM Acupuncture to purchase a professional liability insurance policy.

FEES AND INSURANCE REIMBURSEMENT FORMS

1. The CM practitioner should ask for and accept fair and reasonable fees.
   
   
2. The CM practitioner should supply to his patients all the necessary explanations in order to comprehend their statement of fees.
   
   
3. The CM practitioner should abstain from sharing his fees with anyone.
   
   
4. The CM practitioner should abstain from claiming fees for services not received. The practitioner can establish and post in advance with the patient a policy of appointment annulations ( for example 24 hours in advance) in which case the patient can be held to pay the fee established by the policy.
   
   
5. The CM practitioner should abstain from requesting frees to be paid in advance for his/her services.
   
   
6. The CM practitioner may not receive fees for consultations made by telephone.
   
   
7. The CM practitioner should abstain from giving any advantage, payback, gift or commission related to the exercise of his profession.
   
   
8. The CM practitioner can accept under certain conditions ( at the end of a succession of treatments for example) a gift from the consultant providing:
   
   1. that it doesn’t contravene the present articles of the code
   2. that it is not a general and repeated habit or that the gift is used as leverage by the patient which could jeopardize the therapeutic relationship. In that case or if there is any doubt, the practitioner should refuse the gift and inform the patient about the reasons motivating his decision.
   If there is any doubt, the practitioner must consult the O.B.A.C.M or a colleague for supervision.
   
   
9. Any trading or bartering on the part of the practitioner should be done according to the spirit of the present code.
   
   
10. The CM practitioner must strictly use the official O.B.A.C.M. form for his patients that can benefit from a reimbursement from private insurance companies. In any case the practitioner should not use a copy or a photocopy.
    
    
11. The CM practitioner should leave in the patients file a copy of the form fully completed for usual verifications.
    

DUTIES AND OBLIGATIONS TOWARD THE PROFESSION

1. A CM practitioner should not proclaim himself/ herself otherwise than a Chinese Medicine practitioner and Acupuncturist. If he/ she practices another profession, he should notify it to the O.B.A.C.M., to the public and to the patients. This article respects the free choice of everyone to evolve and to fulfill his potential as a whole being responsible towards, him/her self and the profession and to the public.
   
   
2. The CM practitioner should never criticize a colleague ( or any other professional health care practitioner intervening) or his methods in front of a consultant or the public in general.
   
   
3. The CM practitioner should never condemn a theory, a remedy or a new therapy, unless his conclusions are in accordance with the O.B.A.C.M. The practitioner must abstain to denigrate any other form of therapy or any other therapist beyond what has been made public.
   
   
4. The CM practitioner should abstain from gaining or making gain anyone an unjustified material advantage notably with a falsified declaration, a report or any other document relative to a person’s health or a given service to this one.
   
   
5. The CM practitioner should collaborate with any other therapist treating his patient and supply the information that could help with the treatment.
   
   
6. The CM practitioner should abstain from attributing to himself the merit of discoveries or work belonging to another or to distort the truth by omission.
   
   
7. If possible the CM practitioner must help developing the field of practice by exchanging knowledge and experience with colleagues.
   
   
8. The CM practitioner must do everything in his power, while keeping the goal of public protection, to safeguard and defend the honour and reputation of it’s colleagues and everyone in the profession. In agreement with the O.B.A.C.M., the practitioner must honestly defend CM when unjustly criticized.
   

DUTIES TOWARDS THE ONTARIO COUNCIL OF ACUPUNCTURE AND CHINESE MEDICINE

1. Every CM practitioner who wants to become a member or retain membership of the O.B.A.C.M. must recognize and be in conformity with the code of ethics.
   
   
2. The membership to the O.B.A.C.M. is not a permanent right and maybe revoked or withdrawn. It is a privilege and maybe questioned at all times.
   
   
3. The CM practitioner must, as a proof of allegiance, sustain the O.B.A.C.M. by his contribution in the form of an annual fee.
   
   
4. In conformity with the previous articles of the code of ethics regarding the respect of the person and the protection of the public, the CM practitioner must keep from any conflict of interest that could jeopardize his integrity and his loyalty towards the O.B.A.C.M.
   
   
5. The disciplinary committee of the O.B.A.C.M. is responsible for the application of professional duties of the observance on the constitution. They recommend sanctions to be imposed by the administration office.
   
   
6. In the case of complaints on the part of the patient, the committee of ethics will survey and make the necessary recommendations to the discipline committee that will determine the future attitude of the professional member to assure the protection of the public.
   
   
7. The CM practitioner must respond in writing with out delay to any correspondence from the O.B.A.C.M. by collaborating and supplying the requested information.
   
   
8. Any suspended or eradicated member from the O.B.A.C.M. may be reinstated if the administration office decides so awaiting upon supplying sufficient proof as to the intention to amend and to respect the rules of the code of ethics.
   
   
9. Such suspended or eradicated member may have to take upgrading courses and succeed any exams imposed by the O.B.A.C.M.
   
   
10. A practitioner who carries a grave prejudice either to the O.B.A.C.M. or towards a patient of colleague, could be eradicated for life after investigation, survey and the member has explained or disclosed all information in front of the committee of discipline.
    
    
11. Any practitioner must notify the O.B.A.C.M. of any knowledge of a colleague which he believes is unworthy, incompetent or unable to practice or in contravention of the code of ethics.
    

PROFESSIONAL SECRECY AND PATIENT FILES

1. The CM practitioner must respect and be assured of the confidentiality of the patients file.
   
   
2. The CM practitioner should keep a file of each patient containing at least:
   
   1. the name, sex, date of birth and address
   2. dates of consultation
   3. the nature of the consultation and effects of the treatment
   4. the opinion of the therapist as to the evolution and health state of the consultant
   5. details about the consultation and the collaboration with another therapist
   6. the coordinates of any other professional referred to or by
   7. a copy of the insurance reimbursement form duly completed
   8. his signature of consent
      
      
3. The CM Practitioner should keep each file at least (5) five years after the last inscription in it.
   
   
4. The CM practitioner should keep his files in a place or a file cabinet out of reach of the public and away from covetousness.
   
   
5. The CM practitioner should allow the patient to obtain a copy of his files by him/ her self and other persons legally authorized, the consultant or any other person mandated by the patient.
   

FORBIDDEN ACTS

1. The CM Practitioner should abstain from all of the following:
   
   • any surgery or major penetration of the tissues
   • using any instrument beyond natural apertures ( mouth, anus, vagina)
   • any ionizing exposition (x-rays)
   • any prescription of drugs or medication
   • any putting back or stopping of medication or medical interventions
   • any sickness diagnostic
   • any treatment of venereal and contagious diseases with obligation to declare by law except by referral of a doctor
   • any warranty either implicit or explicit of healing an illness
   • any abuse while exercising his profession of the inexperience, the ignorance, the naïve of the poor state of health of the patient
   • to exercise his profession under the influence of alcoholic beverages, drugs, hallucinogens, anesthetics or narcotic preparations or any other substance that can cause impairment or lower your faculties or become unconscious.
   • to intervene towards a patient with faculties affected by alcohol, medication, drugs or hallucinogens possibly creating confusion and ambiguity about the nature of the intervention, unless there is a context adapted for this type of problem.

FORMAL HEARINGS

The Ontario Council of Acupuncture and Chinese Medicine ( the Council) conducts formal hearings to investigate serious allegations of unprofessional conduct.
Formal hearings are open to the community and the media and notices about forthcoming hearings are published on the website.

Proceedings in such hearings are formal and both the Council and the Chinese medicine practitioners are permitted to have legal representation. Witnesses maybe cross-examined. Formal hearing panels must determine if a Chinese medicine practitioner has:
    * Engaged in unprofessional conduct of a serious nature
    * Engaged in unprofessional conduct, not of a serious nature
    * Not engaged in unprofessional conduct

If the panel finds that the Chinese medicine practitioner has engaged in unprofessional conduct, the panel can impose the following sanctions:
    * Counseling.
    * Caution.
    * Reprimand.
    * Further education.
    * Imposition of conditions, limitations or restrictions on registration.
    * Imposition of a fine or not more than $10,000.
    * Suspension of registration for a period.
    * Cancellation of registration.
    * Refusing registration or renewal of registration .

Appeals against decisions made by formal hearing panels can be taken to the superintendent of committees.

The Ontario Council of Acupuncture and Chinese Medicine (the Council) conducts formal hearings to investigate serious allegations of unprofessional conduct.

Proceedings in such hearings are formal and both the Council and the Chinese medicine practitioners are permitted to be legally represented. Witnesses may be cross-examined.

HOW TO MAKE A COMPLAINT

The Ontario Council of Acupuncture and Chinese Medicine can investigate the professional conduct or fitness t practice of registered Chinese Medicine practitioners, impose sanctions as necessary and issue guidelines in relation to the standards of Chinese medicine practice. The Council will respond to complaints occurring during the period of registration only. The Council does not act for a complainant in respect of compensation, request of an apology or otherwise. The Council will consider and determine complaints in accordance with the Code of Ethics and administrative fairness.

COMPLAINTS ABOUT FEES AND CHARGES

The Council cannot deal with complaints concerning practitioner’s fees and charges unless the conduct involves fraud or dishonesty or is so grossly excessive as to constitute unprofessional con ducts.

ANONYMOUS COMPLAINTS

Although it is recognized that under privacy legislation individuals have a right to interact with the Council anonymously, the Council highly recommends that complaints be put in writing. It is difficult to deal with anonymous complaints or complaints where the person making the report is not prepared to lodge a formal complaint. The written complaint clarifies issues and is an important piece of evidence required for effective investigation. A record of all telephone calls is noted.

MAKING A COMPLAINT

All reasonable effort is made to ensure that the process is as straight-forward as possible. Complaints are referred directly to the Registrar. A written and signed complaint will be requested. This may be a letter or a statement. Te Registrar will request that you also complete a “Complaint Notice”.

What Should You Write?

• Briefly set out the facts:
      - first hand, verifiable information is the most effective.
      - give a factual, objective account.
      - identify the persons involved.
• Provide evidence and / or supporting documentation if available.
• Provide relevant background information.
• Provide your contact details.

What next?

The Registrar will usually write to the complainant to confirm receiving the complaint and, if necessary, clarify details.
As a matter of process the practitioner against whom a complaint is being made is usually provided with a copy of the complaint and asked to respond.
Once a person has lodged a complaint with the Council, they are a witness for the Council should the matter proceed to a hearing.
The whole of this process is likely to take a minimum of 3 months. The complaint review, investigation, and hearing may take an extended period of time depending on the level of evidence required and the complexity of the case.

After an investigation the Council may decide one of the following:
    * That the matter will not precede any further.
    * That an informal hearing will be held.
    * That a formal hearing will be held.

The complainant is informed of the outcome. If a hearing is to be conducted the complainant may be requested to attend and provide evidence.

Costs

The Council meets its own costs of investigations and hearings. Practitioners must meet their own costs.

Names and addresses of Patient Relations Chair
Mr. Kayvan Naghavi
Ontario Council of Acupuncture and Chinese Medicine
11160 Yonge Street, unit 7
Richmond Hill, Ontario
Canada
L4S 1H5