Note: This HTML version of the Rules Pursuant to the Chiropractic Act is for private study or research purposes only, and cannot be used for legal purposes. The BC College of Chiropractors does not warrant the accuracy or the completeness of this electronic version, and will in no event be liable or responsible for damages of any kind arising out of the use of this version.
RULES PURSUANT TO THE CHIROPRACTIC ACT
OF BRITISH COLUMBIA
The Rules pursuant to the Chiropractic Act are
here reprinted in their entirety:
Regulation of the Board of Chiropractors Made by Order in
Council No. 527, Approved and Ordered March 24, 1983:
Amended by Order in Council 1735, dated September 24,1986:
Amended by Order in Council 1556, dated October 27, 1989:
Amended by Order in Council 1709, dated November 23, 1989:
Amended by Order in Council 1625, dated October 18, 1990:
Amended by Order in Council 88, dated January 17, 1992:
Amended by Order in Council 0205, dated February 24, 1993:
Amended by Order in Council 0958, dated August 7, 1996
Amended by Order in Council 1457, dated December 12, 1996
Amended by Order in Council 0471, dated April 9, 1998
Division (1) - Interpretation
1.01 "Act" means the Chiropractors Act, being Chapter 50 of the Revised Statutes of British Columbia, 1979, and amending Acts.
1.02 "College" means the British Columbia College of Chiropractors, constituted under the Chiropractors Act.
1.03 "Board" means the Board of Chiropractors constituted under the Chiropractors Act.
1.04 "registered chiropractor" means a duly qualified chiropractor registered pursuant to the Act and these Rules possessing a certificate for the current year.
1.05 "member" means a member of the College, and includes a registered chiropractor.
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Division (2) - The College
and honorary members as may be appointed or elected pursuant to the provisions of this regulation.
2.02 The official seal of the College shall be established by a resolution of the members of the Board.
2.03 The seal of the College shall be affixed to such documents as may be necessary, from time to time, on resolution of the Board and in the presence of at least two members of the Board.
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Division (3) - Elections
3.01 The officers of the Board shall consist of a President, Vice-President, Registrar, and
Deputy Registrar, which officers the Board shall elect from its members. The officers of the Board shall occupy their respective offices until the next annual general meeting following their election.3.02 A member of the Board is eligible for re-election.
3.03 Where a member of the Board or a representative to the Canadian Memorial Chiropractic College dies, resigns, or otherwise vacates his seat before the completion of his term of office, the remaining members of the Board may appoint in his stead any qualified member of the College who shall hold office until the next annual general meeting when his successor shall be elected to fulfill the term.
3.04 The term of office of a member of the Board shall terminate upon resolution of the Board, if the resolution receives the affirmative vote of not less than seven members of the Board.
3.05 The term of office of a member of the Board shall terminate upon the suspension or cancellation of the registration of the member.
3.06 A registered chiropractor shall be eligible for membership on the Board.
3.07 Nominations for election to the Board shall be in writing, signed by two or more members of the College in good standing.
3.08 A nomination, together with the consent of the nominee to accept office if elected, shall be in the hands of the Registrar on or before the 15th day of August preceding the election.
3.09 A list of the members so nominated, together with a brief biography of each, shall be forwarded as soon as possible after nominations close, to every member of the College.
3.10 The eight elected members of the Board shall be elected for a term of three years, and no more than three members shall be elected annually at each annual general meeting of the College.
3.11 The election of representatives to the Canadian Memorial Chiropractic College shall be held biennially commencing in 1970 and follow the same procedure as set forth in sections 3.06, 3.07, 3.08 and 3.09.
3.12 Each chiropractor in good standing and not in arrears for dues or fees to the College for the current year shall be entitled to be placed on the list of voters.
be entitled to vote at an election for members of the Board and for representative(s) to the Canadian Memorial Chiropractic College.
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3.14 At the annual meeting of the College, each member in attendance whose name appears on the voting list shall be entitled to a voting paper containing thereon, in alphabetical order, the names of all members duly nominated for membership to the Board,
and stating the number of members to be elected; and such member shall be further entitled to other voting papers containing the names, in alphabetical order, of all members nominated
for the position of representative to the Canadian Memorial Chiropractic College, as the case may be, in each case stating the number of members to be elected.
3.15 Members of the College whose names appear on the list of voters and who are not in attendance at the annual meeting shall be entitled to vote in the manner set forth in Section 3.17 of these regulations.
each member of the College a list of those nominated and;
(b) a plain envelope;
I of British Columbia, a member in good standing of the British Columbia College of Chiropractors, do hereby declare:
1. The signature hereto is my proper handwriting.
2. Enclosed herewith are voting papers for the election of members to the Board and of representative(s) to the Canadian Memorial Chiropractic College such voting papers being marked by me.
3. I vote for the persons opposite whose names I have placed an "X".
4. I have not marked and submitted any other voting paper for the election this year.
5. The voting papers are made and submitted as of the date thereof.
6. Witness my hand this day of , 199
Signature
3.17 For the purpose of voting, a member entitled to vote as provided by Section
papers for whom he desires to vote.
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(b) he shall not vote for more candidates than are eligible for election nor shall he vote for less candidates than are eligible for election.
(c) he shall place the marked voting-papers in the plain envelope and seal the envelope and place the plain envelope in the declaration envelope.
(d) he shall complete and sign the declaration envelope.
(e) he shall place the declaration envelope in the addressed envelope marked "voting paper", seal it, and mail or deliver it to the Registrar.
3.18 If an addressed envelope is received by the Registrar after an election, the
voting papers therein shall not be counted.
3.19 A voting paper that is not marked in accordance with these provisions shall
not be counted.
nominations and other material pursuant to Section 3.16, does not invalidate the election.
3.21 The Registrar shall safely keep, unopened, all envelopes marked "voting-paper" that are received by him before the time of election and then shall place them with the ballots cast at the meeting. Any member having received a ballot by mail and having voted as herein before provided, may elect to have this said voting-paper destroyed and to vote in person at the meeting.
3.22 The President, or other presiding officer, at the annual general meeting will appoint two members who, with the Registrar, shall act as scrutineers at the election.
3.23 After the ballots have been cast at the annual general meeting, the Registrar and scrutineers shall examine and satisfy themselves in respect of the declarations received prior to the election as aforesaid, and the Registrar shall remove the plain envelopes from the declaration envelopes and place them together, unopened, and shall then mix them so they cannot be identified. The Registrar and the scrutineers shall then open the plain envelopes, mix the voting papers with those cast at the meeting, and count the votes, keeping a record thereof, and shall communicate the result to the presiding officer who shall announce the result of the election to the meeting. Of the candidates nominated, those, to the number to be elected, receiving the greatest number of votes shall be declared to be elected. In case the election of one or more candidates is undecided by reason of an equality of votes, the scrutineers shall forthwith put into a ballot box one paper for each candidate whose election is undecided and having the name of the candidate written thereon, and the Registrar shall draw by chance from the ballot box, in the presence of the other scrutineers, one or more of such papers as sufficient to make up the required number of those members to be elected, and the Registrar shall declare the candidates whose names are upon the ballot papers so drawn to be elected. The ballot papers shall then be destroyed.
3.24 The Registrar and the scrutineers, by majority, may designate a voting paper spoiled and such spoiled voting paper shall be maintained by the Registrar but shall not be counted with other voting papers.
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Division (4) - Meetings of the Board
4.01 Regular Meetings of the Board should be held every month of the year except July, August and December. Special meetings may be held, from time to time, on the call of the President, or on the written request of two members of the Board of which two days notice shall be given.
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Division (5) - Meetings of the College
5.01 There shall be an annual general meeting of the members of the College in each calendar year at such place and time as the Board may decide. At each annual general meeting a report of the proceedings of the Board since the last annual general meeting shall be presented.
5.02 At least ninety days before an annual general meeting the Registrar shall cause to be mailed to each member of the College, a notice of such meeting, specifying the time and place of the meeting, the names of those members of the Board and elected representatives whose terms of office are expiring, and a notification in the manner of which nominations are to be given; and the date by which they are to be received by the Registrar.
5.03 At least ten days before the annual general meeting, an audited statement of the finances of the College during the last fiscal year, and a notice containing the names of all members nominated for office, shall be mailed by the Registrar to each member of the College.
5.04 The Board may, whenever it thinks fit, convene a special general meeting of the members of the College, and it shall convene a special general meeting of the members on the written request of fifteen percent of the members, delivered to the Registrar, to be held within one calendar month of the receipt of the request. A special government meeting of the members of the College shall be held at such time and place as the Board may determine. At least ten days before a special general meeting, the Registrar shall cause to be mailed to each member of the College a notice of such meeting.
5.05 At all annual general and special general meetings of the College, the President, or, in his absence, the Vice-President, or, in the absence of both, some member of the Board, designated by the President, shall preside.
5.06 Thirty members in good standing shall constitute a quorum at an annual general or special general meeting.
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Division (6) - Registration and Annual Fees
6.01 There shall be payable by every applicant for registration as a member of the College and every candidate for nomination, a registration fee of $400.00 in addition to National Examining Board fees, except that the registration fee of an applicant for registration, who is qualified under Section 7 of the Act, but has not previously practiced chiropractic shall be $200.00.
6.02 (a) The annual fee shall be determined by a simple majority vote of the members of the College at the annual general meeting and confirmed by resolution of the Board, provided that the Board may, by resolution, set an annual fee which is lower than the fee determined by the vote of the members of the College.
day of July, pay to the Registrar the annual fee as determined under Section 6.02(a), and if the member is otherwise in good standing, the Registrar shall, upon payment of the annual fee, issue a practising certificate to the member.
set under Section 6.02(a), providing the fee is paid on or before such date as the Board may determine.
under 6.02(b), he shall stand suspended; and if such failure continues until the 1st day of October next thereafter, he shall cease to be a member as of that date, and his name shall be struck from the register, unless the Board otherwise directs.
(e) The Board may at any time, upon such term as it may impose,
reinstate any person so suspended or so ceasing to be a member for failure to pay his annual fee upon his paying all arrears together with the annual fee for the practice year in which reinstatement takes place.
The Board may by rule provide:
1. That a member who notifies the Registrar in writing that he proposes to abstain from practice in the Province, if he so abstains for the whole or part of any practice year, pay a sum in lieu of the annual fee for that year, or such portion thereof, as the Board may decide. During such year or part thereof he shall be deemed to be disqualified from the practice of chiropractic. A non-practising chiropractor shall receive all notices and literature available to practising members and shall be entitled to attend meetings, but not to vote.
2. That a member who, although he has paid his annual fee for a practice year, has satisfied the Board that he has abstained from practice in the Province during the whole, or part of that year may be entitled to a refund of such fee or portion thereof as the Board may decide.
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another jurisdiction, a former member may be reinstated as a member in good standing.
commencing such a locum practice,
B. has attended at least twenty four (24) credit hours of accredited continuing education hours during each two year time period as specified by the Board pursuant to Division 22 of the Rules, and (O.C. 88, Approved and Ordered Jan. 17, 1992)
C. has paid all required dues and fees.
6.03 The fiscal year of the College shall be from August 01 of one year to July 31 of the next year.
6.04 No motion shall be presented to an annual general or special general meeting of the College calling for an increase or decrease in dues or any change in the minimum fee schedule unless, 10 days written notice of the said motion be given to the Registrar of the College prior to its presentation.
6.05 To be registered in British Columbia, a chiropractor who has been out of practice for:
hours of postgraduate technique training at a college that is acceptable to the Board and must pass an oral and written examination administered by the Examining Board;
semester of 300 hours at a college that is acceptable to the Board and must pass an oral and written examination administered by the Examining Board, and
that is acceptable to the Board and must pass an oral and written examination administered by the Examining Board.
satisfy the registration requirements under s.7 of the Act and complete the requirements under either paragraphs (a), (b), or (c) of this section. The Board may waive the requirements of a written examination under paragraphs (a), (b), or (c) in application for membership in the College by non-practicing chiropractors.
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Division (7) - Registration of Members
7.01 The Board shall cause to be kept by the Registrar a book of register to be known as "The British Columbia College of Chiropractors Register" (hereinafter called the Register) in which shall be entered the name of each and every member of the College.
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Division (8) - Duties of the President
8.01 The President shall preside at all meetings of the Board and College, attest all minutes of meetings, and perform all such duties as may be required of him as the President of the College.
8.02 The President shall have the same right to vote at meetings of the Board as any other member and shall have a casting vote. He shall not have the right to vote at meetings of the College but, in the event of a tie, shall have a casting vote.
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Division (9) - Duties of the Vice-President
9.01 In the absence of the President, the Vice-President shall perform the duties of the President. In the absence of both the President and the Vice-President, the duties of the President may be performed by some other member of the Board.
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Division (10) - Duties of the Registrar
10.01 The Registrar shall keep a record of all proceedings of the Board and the College, conduct all correspondence, send all notices of meetings, receive all moneys and deposit them in a chartered bank to the credit of the College, make a detailed report of the property and finances at the annual general meeting of the College; and at the termination of his office, hand all books and papers in his possession to his successor in office.
10.02 It shall be the duty of the Registrar at each meeting of the Board to present the minutes of the previous meeting, which, after being approved shall be signed by the President.
10.03 It shall be the duty of the Registrar to keep a register correct in accordance with the Act and these Regulations, and he shall, from time to time, make the necessary alterations in the addresses of the registered members of the College.
10.04 The Registrar shall prepare all necessary diplomas, certificates, and other documents pertaining to his office and perform all other services incidental thereto.
10.05 The Registrar may delegate any of the duties and responsibilities of the Registrar under these Regulations to the Deputy Registrar.
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Division (11) - General Powers of the Board
11.01 The Board may appoint a person or persons to assist the Registrar in the performance of his duties and such officials as may be required, from time to time, to discharge the duties of any officer of the Board.
11.02 The Board shall have the power to fix the salaries of the persons appointed pursuant to the last preceding section, and the remuneration to be granted to the solicitor of the College.
11.03 The Board may grant an honorarium to the Registrar or other members of the College for special services rendered or duties performed and to reimburse members of the College for expenses properly incurred.
11.04 The Board shall appoint the Chairman and members of the Board of Examiners.
11.05 The Board has the power to govern the order of business and regulate all proceedings at its meetings and those of the College or any committee of the College.
11.06 The Board has the power to appoint committees as it deems necessary and to prescribe the powers and duties of those committees.
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Division (12) - Discipline of Members
12.01 The Board shall appoint a Discipline Committee composed of a Chairman, and four members of the College with at least five years standing as members of the College.
12.02 A quorum for the conduct of the business of the Discipline Committee shall be three and the meetings of the Committee may be conducted by telephone. All acts of the Discipline Committee shall be decided by the majority of the members present.
12.03 The Committee or the Board may inquire into the conduct or competence of a member of the College or a formerly registered chiropractor and for that purpose may receive written complaints against a member or a formerly registered chiropractor from any person.
12.04 Upon receiving a written complaint against a member or formerly registered chiropractor from any person, or upon the Board's request, the Committee shall investigate the conduct or competence of the member or the formerly registered chiropractor and shall:
(a) Dismiss the complaint summarily where it is satisfied from its investigation that the complaint lacks merit; or
(b) Reprimand the member or formerly registered chiropractor and require the member to undertake, in writing, not to repeat the offending activity or to undertake to take such educational courses as may be necessary in the discretion of the Committee, if after giving the member or formerly registered chiropractor an opportunity to be heard in a summary fashion, the complaint is found not to be frivolous but not sufficiently serious to justify a hearing by the Board; or
(c) Refer the complaint to the Board for a hearing if it is satisfied from its investigation that the complaint is serious and that the member or formerly registered chiropractor may be guilty of any of the following:
(i) gross misconduct; or
(ii) displaying such ignorance or incompetence as to render it proper in the public interest that his registration be cancelled; or
(iii) obtaining his registration by any false or fraudulent means; or
(iv) professional misconduct or other misconduct unbecoming a member of the College; or
(v) conviction in Canada or elsewhere of any offence that is committed by a member or formerly registered chiropractor would constitute conduct unbecoming a member or unprofessional conduct.
served by registered mail upon the member or formerly registered chiropractor, advise the member or formerly registered chiropractor of the nature of the complaint and the particulars thereof, and shall file a copy of the statement with the Registrar.
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The Registrar shall, upon receipt of the statement, appoint a time and a place for the hearing by the Board of the complaint and shall serve by registered mail upon the member or formerly registered chiropractor, a notice in writing giving the member or formerly registered chiropractor at least four weeks notice of the time and place of the hearing.
12.06 For the purpose of hearing any charge against a member or formerly registered chiropractor, the Board shall have the power to summon and examine as a witness, any member or formerly registered chiropractor under oath and to compel the production of books, papers, documents, and any other writings necessary to their inquiry. The summons shall be under the hand of the Registrar, or in his absence, of two members of the Board, and shall be stamped with the official seal of the College.
Any member or formerly registered chiropractor summoned as a witness and
not attending as required by the summons, or refusing to be sworn or affirmed or give evidence, or neglecting or refusing to produce such books, papers, documents, or writings as aforesaid, may have his registration suspended or cancelled by the Board.
12.07 The Board may, if it thinks fit, adjourn any investigation from time to time.
12.08 The Board may, with respect to any investigation or hearing, employ such legal or other assistance as it may think necessary. The member or formerly registered chiropractor against whom a complaint is made may employ such legal or other assistance as he may think necessary.
12.09 (a) The Board may receive as evidence such oral testimony, documents, or other material as it may think fair; and where evidence is tendered that would not be admissible in a Court of Law in the Province, the Board may nevertheless, receive the evidence if it is satisfied that its duty of making due inquiry into the matters before it makes it necessary, or desirable to receive such evidence.
(b) The testimony of witnesses shall be taken under oath. There shall be full
right to cross-examine all witnesses called.
12.10 If the member or formerly registered chiropractor, who is the subject of the hearing, fails to appear at the hearing appointed or at any adjournment thereof, the Board may proceed in the absence of the member or formerly registered chiropractor on proof of service of notice of the time and place of the hearing as required by 12.05 above.
12.11 The Board shall decide if the member or formerly registered chiropractor is guilty of the charge and shall:
(a) Dismiss the complaint; or
(b) Reprimand the member or formerly registered chiropractor in writing; or
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(e) Suspend the right of the member to practice chiropractic for a period not to exceed six (6) months from the date of the hearing; or
(f) Cancel the registration of the member either permanently or upon terms requiring the attendance of the member to successfully complete a course of study designated by the Board within a time period designated by the Board; or
(g) Make such other disposition of the complaint as the Board considers just.
12.12 At any time after a written complaint has been made, the Committee or the Board may suspend the member of whom complaint is made, if, after giving the member an opportunity to be heard in a summary fashion, the Committee or the Board is satisfied that continued registration, pending the hearing, would endanger the public. Where such suspension is made the complaint shall be referred to the Board for a hearing pursuant to 12.05 above. Prompt notice of the suspension shall be given to the member and to the Registrar and the suspension shall operate until the Board has conducted its hearing and made its findings.
12.13 A member while under suspension shall be deemed not to be in good standing and shall be disqualified from the practice of chiropractic for the period of this suspension.
12.14 Where a member is suspended for a period of more than three (3) months or his membership is cancelled under 12.11 or 6.02, the Registrar shall publish a notice of the same in a newspaper published regularly in the locality where the member practices or usually resides and in addition, thereto, may make such other publication of the suspension and/or the cancellation as the Registrar deems appropriate.
12.15 The Discipline Committee shall maintain written record of all complaints and their disposition in such form as the Committee shall determine.
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Division (13) - Reinstatement
13.01 A member whose registration has been suspended or a person who has ceased to be a member for any other reason may, at any time, apply to the Board to be restored to membership, and thereupon the Board may, if in its discretion it sees fit to do so, by resolution restore such person to membership in the College.
13.02 Notice in writing of an application for reinstatement shall be given by the applicant to the Registrar and the applicant may appear before the Board in person or by counsel and be heard on such application.
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Division (14) - Application of Funds
14.01 The Board shall keep a bank account in one of the chartered banks of Canada, and shall deposit into the bank account all moneys received for and on account of the College.
14.02 The Board shall manage and dispose of all moneys and funds coming into its hands in the following manner:
14.03 The Board shall be entitled to pay the reasonable travelling expenses of the members of the Board and to allow such remuneration to the members of the Board as may from time to time, be decided by them.
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Division (15) - Duties of the Board of Examiners
15.01 The Board of Examiners shall furnish each applicant for examination with a form of application approved by the Board, which may be that prescribed by the National Examining Board.
15.02 The Board of Examiners shall require that each applicant for registration file with the Registrar, an application form showing his right to become a member of the College and such form shall, when required by the Board of Examiners, be accompanied by a fee of $660.00 for the purposes of investigation and clarification of his credentials, and the Board shall deal with each application within two months from the date of filing.
15.03 The Board of Examiners shall require that each candidate for registration must deposit at the time of registration with the Registrar, the registration fee as required by Section 6.01 of these Regulations, and, in addition, such portion of the annual fees of the College for the current fiscal year as the Board may, from time to time, determine.
15.04 The Board of Examiners shall examine the applications of all candidates for registration and shall inquire into their qualifications, and if any or all of the candidates are found suitable for registration, the Board of Examiners shall report the names of such candidates in writing to the Board and the Board, upon being satisfied that the applicant is duly qualified to practice chiropractic and is a person of integrity and good moral character, shall grant to him a certificate of registration in a form approved by the Board.
15.05 In the event that the Board of Examiners declines or refuses to recommend a candidate for registration, such candidate may appeal in writing to the Registrar, within 30 days of the date of such refusal and, upon receipt of such notice of appeal the Registrar shall set a time and place for the hearing of the appeal and shall advise the candidate of the same by registered mail. At the time and place set by the Registrar for hearing of the same, the Board shall review the application of the candidate, hear any submissions which the Board of Examiners or the applicant may wish to make and then shall decide, with or without written reasons, whether or not the appeal should be allowed and the candidate registered or the appeal dismissed and the registration of the candidate refused.
15.06 The Board of Examiners shall refund to an unsuccessful applicant who was not required to write examinations, the full sum deposited by him, less any expenses incurred in the investigation of his credentials.
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Division (16) - Definition of Misconduct
16.01 Without limiting the generality of the maintenance of ethical standards and to assist chiropractors in so doing for the better government and honor of those engaged in the practice of chiropractic, it is hereby provided that the breach of any of the following paragraphs shall be deemed to be misconduct unbecoming a member of the College.
(a) Each registered chiropractor shall maintain and observe all the principles contained in the Code of Ethics of the profession.
(b) No chiropractor shall offer to guarantee a cure either verbally or in writing or by advertising or otherwise.
(c) A chiropractor shall not publish material relating to the College in any public media other than interprofessional publications or as approved by the Board.
(d) No chiropractor shall sell, dispense, or permit to be sold or dispensed in connection with his practice vitamins or food supplements.
(e) No chiropractor shall offer any cash or other consideration to any person for the procuring of patients.
(f) No chiropractor shall engage in any other profession or business which, in the opinion of the Board, would be subversive of the best interests of the profession of chiropractic.
(g) Every chiropractor shall comply with the continuing education requirements prescribed from time to time by the Board.
(h) Every chiropractor shall comply with the advertising code prescribed from time to time by the Board.
(i) No chiropractor shall practice or share office space with another person who is not a chiropractor, whether or not that person is registered or licensed under another enactment, unless authorized by the Board.
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Division (17) - Radiation Safety and Procedure
17.01 All radiographic installations shall conform to C.S.A. standards or Electrical Energy and Inspection Branch regulations and the Safety Code X-rays in Medical, Dental and Paramedical Diagnostic Radiology, booklet RPD-SC-4 of the Department of National Health and Welfare, Ottawa as amended from time to time.
17.02 Any chiropractor using X-ray facilities and equipment pursuant to Section 9(2) of the Act shall submit to a full inspection of his X-ray facilities and equipment by Radiation protection Officers appointed pursuant to the Health Act and shall ensure that his facilities and equipment comply with these regulations. Failure or neglect to comply with these regulations shall be deemed misconduct unbecoming a member of the College.
17.03 In developing or modifying a facility for X-ray, plans and detailed drawings with pertinent specifications, shall be approved by the Radiation Protection Service Department of Health, before construction begins.
17.04 The capacity of the X-ray unit must be 18 kilowatt seconds at 90 kVp or greater for installations doing complete spinal examinations or 9 kilowatt seconds at 90 kVp or greater for installations doing only cervical spinal examinations.
17.05 The X-ray tube housing shall be equipped with an adjustable rectangular field collimator and should be fitted with a light source capable of projecting a light beam the same shape and size as the X-ray field. The whole assembly (including the tube) shall be mounted so that the leakage radiation at one metre can nowhere exceed the specified maximum of 100 mR in any one hour.
17.06 X-ray equipment shall have a securely mounted filter in the beam to provide total filtration of not less than 1.5mm of aluminum or its equivalent.
17.07 Calibration of an X-ray unit shall be made following installation by qualified personnel, and periodic recalibration done thereafter.
17.08 All walls, doors, floor and ceiling areas exposed to X-radiation shall be constructed to prevent X-radiation reaching persons other than the patient. A lead-lined booth with a lead glass window shall be provided to protect the X-ray operator.
17.09 Only persons whose presence is essential shall be permitted in the radiographic room during exposures. When there is need for persons other than the patient to be in the radiographic room they shall be provided with protective clothing.
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Division (18) - Professional Liability Coverage
18.01 Every member of the College shall at all times that they maintain a chiropractic practice also maintain professional liability coverage for the member in such amounts and terms as will be determined by the Board annually.
18.02 Every member of the College shall in each year on or before the 31st day of July produce to the Registrar proof of the professional liability coverage that he has maintained.
18.03 Every member registered and in good standing in the Canadian Chiropractic Protection Association will be deemed to comply with Section 18.02.
18.04 If any member of the College fails to produce to the Registrar proof of the professional liability coverage that he has maintained pursuant to Section 18.02 or, if the College shall receive notice at any time that a member's registration in the Canadian Chiropractic Association has been cancelled, then the member shall be automatically suspended from August 01st or from the date that the registration in the Canadian Chiropractic Association is cancelled and; if the failure to comply with this division of the Regulation shall continue for 90 days following the date of suspension, then the member shall cease to be a member as of the 90th day following the date of suspension and his name shall be struck from the Register, unless the Board otherwise directs.
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Division (19) - Members' Records
19.01 Members practicing as chiropractors shall keep:
(a) clinical records on each patient showing the patient's name and address, the dates seen, and adequate history and particulars of physical examinations, radiographic examinations, investigations ordered and the results of same, the diagnosis made and the treatment prescribed;
(b) an account card or ledger page or section with respect to each patient or the person upon whom the patient is dependent which shall show the date of service rendered, type of service, charge made, payments made and balance outstanding;
(c) a day book, daily diary, appointment sheets or the like showing for each day the names of patients seen or treated or in respect of whom professional service is rendered.
All such records shall be typed or written in ink and kept in suitable systematic permanent forms such as books, binders, files, cards or folders for a period of not less than six years from the date of the last entry recorded, provided that in practices where computerized, mechanical or electronic record keeping or accounting systems are used, the same shall be deemed sufficient if the information kept by such system can be reproduced promptly in written form if required, and if the material so reproduced, either by itself or in conjunction with other records, constitutes orderly and legible permanent records that would provide, without delay, the information required under (a), (b), and (c).
19.02 Members shall make records kept pursuant to Regulation 19.01 and like records and other documents in writing relevant thereto, available at reasonable hours for inspection by the Board, any committee of the Board, the Registrar or any investigator or inquiry committee appointed under any provision of these Regulations or of the Act.
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Division (20) - Incorporation
20.01 In this Division, "company" means a company as defined in the Company Act.
20.02 A chiropractic corporation shall not use a name which:
(a) is identical with that under which another chiropractic corporation holds a valid permit under this Division; or
(b) so nearly resembles the name of another chiropractic corporation which holds a valid permit under this Division that it is likely to confuse or mislead the public; or
(c) contravenes section 21.07 of these Rules.
20.03 (a) Where it is intended to incorporate a chiropractic corporation, a member who intends to practice chiropractic on behalf of such corporation, alone or with others, shall apply to the College in a form approved by the Board for a certificate that the College does not object to the intended name of the intended chiropractic corporation.
(b) Upon receipt of an application under Section 20.03 (a), the Registrar shall:
(i) issue a certificate to the member if the Registrar is satisfied that the intended name complies with Section 20.02; or
(ii) reject the application, and notify the member in writing of his decision.
20.03.1(a) A member whose application is rejected under Section 20.03 (b) (ii) may apply in writing to the Board for a review of such decision.
member and from the Registrar,
(i) direct the Registrar to issue a certificate to the member if it is satisfied that the name complies with Section 20.02, or
(ii) reject the application, and notify the member and the Registrar in writing of its decision.
20.04 A company may apply to the Board for a permit to carry on the business of providing chiropractic services to the public by delivering to the Board:
(c) a permit fee in accordance with the following schedule:
Month of Issue Fee
January $115.95
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February $109.14
March $102.33
April $95.52
May $88.71
June $81.90
July $75.00
August $150.00
September $143.19
October $136.38
November $129.57
December $122.76
20.05 (a) The Board shall, subject to Section 7.2(2) of the Act, issue to a company which has complied with the Act and these Rules, a permit entitling the company to carry on the business of providing chiropractic services to the public.
from the issue date shown on it until the next July 31st.
corporation ceases to be valid if:
(i) it is revoked under Section 7.6 of the Act;
(ii) in the case of a chiropractic corporation with only one voting shareholder, the sole voting shareholder dies or otherwise ceases to be a member of the College;
(iii) in the case of a chiropractic corporation with more than one voting shareholder, a member who is a voting shareholder in the chiropractic corporation dies or otherwise ceases to be a member of the College, and no provision is made in the articles of the chiropractic corporation for the immediate and automatic transfer, redemption, purchase, conversion or other disposition of that member's shares in such event so that the remaining voting shareholders of the chiropractic corporation are all members of the College; or
(iv) the chiropractic corporation ceases to be registered as a company under the Company Act.
20.06 (a) A chiropractic corporation, which intends to change its name, shall apply to the Board, in a form approved by the Board, for a certificate that the College does not object to the intended name of the chiropractic corporation.
(b) Section 20.02 applies to an application under Section 20.06(a).
(c) The Board shall issue a new permit to a chiropractic corporation which:
(i) has received a certificate that the College does not object to the intended name change; and
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(ii) has delivered to the Board a true copy of certificate of the Registrar of Companies showing the change of name and the date it is effective.
valid until the date on which the permit, which it replaces, would have expired.
20.07 A chiropractic corporation, which carries on the business of providing chiropractic services to the public, shall disclose on all letterhead and business cards, and in all other advertisements that the chiropractic services are being provided by a chiropractic corporation. In this section, "advertisements" shall have the same meaning given to it in Section 21.02 of these Rules.
20.08 (a) A chiropractic corporation, which intends to continue to provide chiropractic services to the public shall, before its permit expires, apply to the Board for a renewal of the permit.
(b) A renewal application shall include:
(i) a completed permit renewal application in a form approved by the Board, and
(ii) a renewal fee in the amount of $75.
chiropractic corporation which has applied to the Board for a renewal of its permit in accordance with Section 20.08(b) and has complied with the Act and these Rules, a renewal permit entitling the chiropractic corporation to carry on the business of providing chiropractic services to the public.
20.08(c) is valid for one year.
under this Section.
wishes to obtain a new permit, it shall apply to the Board in a form approved by the Board, in which case Sections 20.04 and 20.05 apply, with the necessary changes and so far as they are applicable.
20.10 Sections 12.05 to 12.10 of these Rules shall apply to hearings under Section 7.6 of the Act, with the necessary changes and so far as they are applicable.
20.11 All information and documents relating to a company which have been received by the College under this Division are confidential, and shall not be disclosed to any person except that:
governing and administering the affairs of the College;
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(b) any such information and documents may be disclosed to another governing body of the chiropractic profession; and
(c) the following information may be disclosed, on request, to any person:
(i) the name of a chiropractic corporation;
(ii) a chiropractic corporation's place of business;
(iii) whether a company has a valid permit issued under Section 7.2 of the Act; and
(iv) whether a specified member of the College is an employee or a voting shareholder of a chiropractic corporation.
20.12 The president of a company or his or her designate shall promptly advise the Board in writing of any change to the information which was contained in the permit application or renewal permit application most recently delivered to the College.
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Division (21) - Advertising
APPLICATION
21.01 This Division applies to any marketing activity undertaken or authorized by a member in respect of his or her chiropractic services.
DEFINITIONS
21.02 In this Division:
"advertisement" means the use of space or time in a public medium, or the use of a commercial publication such as a brochure or handbill, to communicate with the general public or a segment thereof, for the purpose of promoting professional services or enhancing the image of the advertiser;
"marketing activity" includes:
(a) an advertisement;
(b) any publication or communication in any medium with any patient, prospective patient or the public generally in the nature of an advertisement, promotional activity or material, a listing in a directory, a public appearance or any other means by which chiropractic services are promoted;
(c) contact with a prospective patient initiated by a member; or
(d) the display or distribution of any chiropractic educational material.
PURPOSE
21.03 A member may, in any medium of communication, undertake or authorize any marketing activity respecting his or her chiropractic services which is factual, accurate, verifiable and in good taste.
CONTENT AND FORMAT OF MARKETING ACTIVITIES
21.04 Any marketing activity undertaken or authorized by a member must not be:
(a) false;
(b) inaccurate;
(c) reasonably capable of misleading the recipient or intended recipient; or
(d) in the opinion of the Board or of the Discipline Committee undignified, in bad taste or otherwise offensive, so as to be contrary to the best interest of the public or of the chiropractic profession, or tending to harm the standing of the chiropractic profession.
EXAMPLES
21.05 For example, a marketing activity violates section 21.04 if it:
(a) is calculated or likely to take advantage of the weakened state, either physical or emotional, of the recipient or intended recipient;
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(b) is likely to create in the mind of the recipient or intended recipient an unjustified expectation about the results that the member can achieve;
(c) implies that the member can obtain results;
(i) not achievable by other members;
(ii) by improperly influencing a public body or official, or any corporation, agency or person having any interest in the welfare of the recipient; or
(iii) by any other improper means;
(d) compares the quality of services provided with those provided by another member; or
(e) is conducted in unseemly circumstances.
PUBLIC REPRESENTATIONS
21.06 A member shall not:
(a) state publicly that he or she speaks on behalf of the chiropractic profession unless he or she has been expressly authorized by the board to state the official position of the chiropractic profession; or
(b) endorse or lend himself or herself as a chiropractor to the advertisement of any property, investment or service for sale to the public unless such property, investment or service relates directly to chiropractic.
FIRM NAME AND OFFICE DESIGNATION
21.07 A member shall not use a firm name or office designation, which violates section 21.04 of this Division. For example:
(a) It is improper for a chiropractor to hold out his firm name so that it indicates more partners or associates than is in fact the case;
(b) The terms "associates", "centre", "clinic", or "group" may be used as part of an office designation where two or more chiropractors are engaged together in a group practice at the same address.
LETTERHEAD
member of the College in good standing, except where that person is appropriately designated as:
(a) a retired member or former member of the College; or
(b) a deceased member.
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21.09 No member may maintain or erect a sign for another member, or maintain a listing for another member, who has not been in active practice in that location for a period of one year.
FEES
21.10 A member who, in any advertisement, includes a statement of fees for a specific chiropractic service:
(a) shall ensure that the statement sufficiently describes the fees and services so as to enable the recipient or intended recipient to understand the nature and extent of the chiropractic services to be provided and the cost to the patient; and
(b) shall not in the advertisement compare the fees charged by the member with those charged by another member.
SPECIALIZATION
21.11 Unless otherwise authorized by the Act, these rules, or the Board, a member:
(a) shall not use the title "specialist" or any similar designation suggesting a recognized special status or accreditation on any letterhead or business card or in any other marketing activity; and
(b) shall take all reasonable steps to discourage use, in relation to the member by another person, of the title "specialist" or any similar designation suggesting a recognized special status or accreditation in any marketing activity.
MEMBER'S DUTIES
21.12 A member shall retain for one year after the date of publication or broadcast of any advertisement or brochure, and shall provide to the Board upon request:
(b) a recording of any such broadcast made by use of any electronic media, including radio, television and microwave transmission; and
(c) a written record of when and where the publication or broadcast was made.
21.13 It is the duty of the member, when called upon by the Discipline Committee,
Standards of Practice Committee or the Board to do so, to verify the statements made in his or her marketing activity.
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Division (22) - CONTINUING EDUCATION
22.01 Each practising member of the College shall attend at least 24 credit hours of accredited continuing education programs during each two year time period specified by the Board. Continuing education programs become accredited when approved by the Board. The Board may:
(a) determine the number of credit hours that will be allowed members for any accredited continuing education program; and
(b) specify the number of credit hours in particular subject areas that each member shall achieve within each two year time period.
22.02 Each practising member of the College shall prove his compliance with the requirements of Section 22.01 by submitting to the College, written acknowledgment from the sponsors of the accredited continuing education programs, indicating the date, length, and subject matter of the program, and confirming that the member was in attendance. Final proof of compliance is required to be submitted to the College before the end of each two-year time period specified by the Board.
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