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by the regulation made under the Food and Drugs Act (Canada) that
does not contain any substance or preparation containing any
substance referred to in Schedule D,
(vii) a substance or preparation named in Schedule C;
(d) :ophthalmic appliance" means lenses, spectacles, eye glasses,
subnormal vision devices, contact lenses or appurtenances thereto
for the aid, correction or relief of visual or ocular anomalies
of the eye;
(e) "personal hearing aid" means a personal amplification device
prescribed for an individual hearing impaired person, consisting
of a built in microphone, amplifier, receiver and individual
amplifying system, with capability for specification of gain,
frequency response and output levels.
27.02
A person or corporation who contravenes section 27.01 is guilty
of an offence and on conviction is liable to a fine of not more
than $25,000 or the imprisonment for a term of not more than six
months, or to both.
27.04
(1) No person shall treat, offer to treat, or advise in respect
of any human health condition in circumstances in which the
treatment, offer of treatment or advice, or an omission there
from, had resulted in harm or may result in a risk of harm.
(2) Subsection (1) does not apply to a person who is a member of
a regulated health profession listed in Schedule A where the
treatment, offer of treatment or advice is part of the practice
of the profession of which the person is a member.
(3) In subsection (1), "harm" includes
(a) any or increased physical or mental disease, disorder,
dysfunction, injury or pain: and
(b) death or earlier death.
27.05
A person who contravenes section 27.04 is guilty of an offence
and on conviction is liable to a fine of not more than $25,000 or
to imprisonment for a term of not more than two years, or to
both.
COMMENT:
one must agree unhesitatingly with the Review in regarding
section 27.01 as a key provision in this proposed legislation.
In an endeavour to erect a fence which would keep out everybody,
the College of Physicians and Surgeons of Ontario (the COPS)
originally proposed for their Medicine Act some very wide ranging
licensed acts. They wanted, for instance, to have "the
differential diagnosis, diagnosis, assessment, or evaluation of
amy human health condition". They did not get that, but the
Review team has done a good job for them. They have used the
simple word diagnosis, leaving that undefined in its place. BUT,
the pay-off comes in the next section which has not only a
similar effect, but goes further. (See 27.01A above.)
If there is any loophole left by means of which anyone could
referring to items which would come under 27.01A (c) (v) and
(vii), which means choice will be limited to officially approved
remedies. Which means that the person, even if he/she can find
out who is member of the household, will still be restricted in
choice of remedies and thus deprived of free choice. In any
event, it seems to this writer that the clause should be void of
uncertainty. It is remarkable how this document will switch from
such precision of wording as to amount to overkill to vague
generalities, or insert qualifications, definitions and such at a
distance.
(e) is the one instance when a nod is made in the direction of
freedom of choice. This time, the qualifiers are brought into the
same clause. What is an established church? In some jurisdictions
(for example, in the United Kingdom, there is an established
church, the Church of England; no other church, no matter how
large or small, is "established") there is a state church which
is called "established", but in jurisdictions such as Canada
where there is separation of Church and State here is no
established church in that sense.
(f) leaves open the possibility of some professions or techniques
being let in by a narrow back door, and as they slop in they will
be handed a stick-on label which says "activity exempted by
regulation". If an :activity", such as acupuncture, has the
potential of being allowed by regulation it should either be
regulated as a full-fledged profession or incorporated into
another regulated profession.
27.08
Subject to the approval of the Lieutenant Governor in Council,
the Minister may make regulation,
(a) specifying potentially harmful forms of energy; and
(b) exempting persons or activities from the prohibitions
contained in section 27.01(1) through (13), and attaching
conditions to any such exemption.
COMMENT: This provides the Minister with the opportunity to make
regulations which could work for or against alternative and/or
supplementary medicine. With alternative and/or supplementary
medicine. With sufficient political clout, this could give
opportunities for advancement. Without that clout, there would be
no gains. The opposite also applies, of course.
27.09
Where the Minister proposes to make a regulation pursuant to
section 27.08, the Minister shall refer the proposal to the
Advisory Council and shall give written notice thereof to the
Council of every health profession listed in Schedule A, and
every Council with respect to such proposal within 30 days of the
notice or within such other period as the Minister may specify.
COMMENT: This is very neat. Everything is clear, above-board, and
democratic, It just happens that a big part in deciding who shall
be let into the privileged club of the regulated will be played
by those already in. It needs no imagination to be clear who will
oppose those professions which are perceived as threat to the
medical monopoly. Pressure should be exerted to see that this