Updates on Professional Regulation of Homeopathy in Ontario

Canadian Society of Homeopaths

PROFESSIONAL REGULATION IN ONTARIO:
BACKGROUND

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BACKGROUND TO BILL 171

On December 12, 2006, the Ontario Ministry of Health and Long-term Care announced Bill 171, Health System Improvements Act, 2006, Schedule P of which contained a proposal to regulate all homeopaths in Ontario under a joint professional College of Naturopaths and Homeopaths. A detailed reading of the proposals revealed that terms under this legislation would be even more detrimental to the homeopathic profession than were first suggested in the HPRAC Report, New Directions, which was issued last Spring.

Following the Legislature's Winter break, the omnibus Bill 171 - described as the largest bill in the history of Ontario legislation - was quickly moved to formal debate, which occurred on March 20, 21, and 26. Transcripts of these debates are available on the Legislative Assembly of Ontario website.

Bill 171 passed Second Reading on April 2nd and proceeded to review by the Standing Committee on Social Policy. The Committee invited written stakeholder submissions, to which most homeopathic organizations and schools responded. The CSH submission to the Standing Committee outlines our concerns with the provisions in Schedule P of the Bill and proposes an alternative approach to the question of regulation for homeopaths at this time.

The Committee also held formal hearings to discuss Bill 171 on April 23 and 24. Considering the size and complexity of issues contained in this Bill, we question whether just two days of hearings were sufficient for the government to receive balanced and meaningful response from various stakeholders. In the case of the homeopathic community, three organizations were selected to speak on Bill 171: the Ontario Homeopathic Association (originators of the Bill), the North American Society of Homeopaths (representing 6 registered members from Ontario), and the Association for Registered Homeopaths of Ontario (a hitherto unknown group formed after the Bill was announced). Apparently these "representative" groups were selected by senior members of the three parties, each choosing one name to speak to Schedule P. Why these three groups were chosen - and none from organizations and schools that had openly expressed concerns about the legislation - can only be speculated. However, the CSH Board regrets that the Committee was unwilling to listen to and consult with representatives of CSH and others on behalf of the majority viewpoint within the homeopathic community.

Members of the Standing Committee on Social Policy considered clause-by-clause amendments to the Bill on May 7 and 14, which included 13 amendments to Schedule P. The only changes that passed were the government's motions to separate the proposed combined college into separate colleges of naturopathy and homeopathy. The new amendment affecting homeopathy is called Schedule P.1, Homeopathy Act, 2007.

Shortly after the conclusion of the clause-by-clause consideration on May 14, Health Minister Smitherman presented the amended Bill 171 to the House. Debate on Third Reading of the Bill began May 28 and the following week, on June 4th, the omnibus Bill 171 received Royal Assent.

With respect to the Homeopathy Act, 2007, only Sections 1, 2 and 12 came into force on Royal Assent. Section 1 provides the name of the new College as being the College of Homeopaths of Ontario; Section 2 provides that the Health Professions Procedural Code is deemed to be part of the Homeopathy Act; and Section 12 provides for a transitional period before the remainder of the provisions come into effect.

During the transitional period, the government will appoint a Transitional Council and Registrar to develop and implement regulations, by-laws, and policies necessary for the implementation of the Act. These positions, which will be open to all residents of Ontario, will be posted on the website of the Public Appointments Secretariat, probably later this year. When these postings occur, the CSH Board will notify all our members in Ontario in order to support those who may want to apply.

CSH RESPONSE TO BILL 171

The CSH Board of Directors has long been opposed to the regulation of the homeopathic profession in Ontario at this time. Our position has been that many more homeopaths (in order to pay for a professional college) and much greater unity among the various approaches are necessary before regulation should be considered. Otherwise we are concerned that regulation would seriously jeopardize the long-term future of the profession and the availability of non-medically trained homeopaths across Canada.

Since the founding of CSH, Board members have been working on many fronts to oppose the proposals pertaining to homeopathy in Schedule P of Bill 171. This has involved continuous consultation and collaboration with numerous homeopathic, natural health, and CAM groups, freedom of choice advocates, and political contacts.

CSH representatives have been consulting with and learning from groups associated with the Friends of Freedom International network. In April 2007, CSH and Freedom in Canadian Health Care co-sponsored an information session in Toronto specifically for homeopaths, where international leaders discussed the ramifications of this Bill for both the public and the profession.

Shortly after the release of the HPRAC New Directions report in May, 2006, CSH and other homeopathic organizations and schools began an informal coalition of groups concerned about the Report's recommendations. By the end of the year, this concern re-focused on the proposed legislation in Bill 171. During this process we have been able to share information and resources and to co-ordinate a united response. <Read more...>

As part of the coalition, CSH helped prepare and send out a survey of the homeopathic community to gauge support for regulation under various regulatory circumstances. Just over 100 responses came in from homeopaths and students in Ontario, showing over-whelming (86%) opposition to the proposed combined college. A significant number (40%) of respondents were also opposed to the suggestion of regulation in any form at this time. These kinds of figures gave us encouragement that the government would listen to the stakeholders that would be affected by Bill 171.

The CSH Board is disappointed that the government has decided to railroad Bill 171 through with little consultation with either the public or stakeholders. A total of 43 separate Acts are affected by this far-reaching legislation and, in the case of Schedule P.1, Homeopathy Act, 2007, there has been a noticeable failure to recognize the implications of regulation on many homeopaths, the public, and practitioners of other modalities. We believe that the Ontario government needs to conduct a thorough review of the regulatory options for homeopathy at this time before moving forward with proclamation of the the Homeopathy Act, 2007.

PROFESSIONAL REGULATION: BENEFITS AND DISADVANTAGES

Many homeopaths in Canada are uncertain about the implications of professional regulation. Some are aware only of the advantages of regulation, without any understanding of the costs involved. Others see only negative repercussions without acknowledging the positive aspects. Few recognize that, because of the unique nature of homeopathic medicine, there is a valid alternative to legislated regulation, based on the model already in existence in the UK. <Read more...>