Definitions

1  In this regulation:

"active serious medical condition" means a disease, disorder or dysfunction which has disabling or life-threatening effects and which will not improve without immediate or surgical intervention;

"acupuncture" means an act of stimulation, by means of needles, of specific sites on the skin, mucous membranes or subcutaneous tissues of the human body to promote, maintain, restore or improve health, to prevent a disorder, imbalance or disease or to alleviate pain and includes

(a) the administration of manual, mechanical, thermal and electrical stimulation of acupuncture needles,

(b) the use of laser acupuncture, magnetic therapy or acupressure, and

(c) moxibustion (Jiu) and suction cup (Ba Guan);

"acupuncturist" means a registrant authorized under the bylaws to practise acupuncture;

"dentist" means a person authorized under the Dentists Act to practise dentistry;

"doctor of traditional Chinese medicine" means a traditional Chinese medicine practitioner who is authorized under the bylaws to use the title "doctor of traditional Chinese medicine";

"herbalist" means a registrant authorized under the bylaws to prescribe, compound or dispense Chinese herbal formulae (Zhong Yao Chu Fang) and Chinese food cure recipes (Shi Liao);

"medical practitioner" means a person authorized under the Medical Practitioners Act to practise medicine;

"naturopath" means a person authorized under the Naturopathic Physicians Regulation to practise naturopathic medicine;

"prescribe" means to give directions, either orally or in writing, for the preparation and administration of a traditional Chinese medicine remedy to be used in the treatment of a disorder or an imbalance;

"traditional Chinese medicine" means the promotion, maintenance and restoration of health and prevention of a disorder, imbalance or disease based on traditional Chinese medicine theory by utilization of the primary therapies of

(a) Chinese acupuncture (Zhen), moxibustion (Jiu) and suction cup (Ba Guan),

(b) Chinese manipulative therapy (Tui Na),

(c) Chinese energy control therapy (Qi Gong),

(d) Chinese rehabilitation exercises such as Chinese shadow boxing (Tai Ji Quan), and

(e) prescribing, compounding or dispensing Chinese herbal formulae (Zhong Yao Chu Fang) and Chinese food cure recipes (Shi Liao);

"traditional Chinese medicine practitioner" means a registrant authorized under the bylaws to practise traditional Chinese medicine.

 Designation

2  (1)  Traditional Chinese medicine and acupuncture are designated as health professions.

(2)  The "College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia" is the name of the college established to regulate traditional Chinese medicine and acupuncture.

 Reserved titles

3  (1)  No person other than an acupuncturist may use the title "acupuncturist".

(2)  No person other than a traditional Chinese medicine practitioner may use the title "traditional Chinese medicine practitioner".

(3)  No person other than a herbalist may use the title "traditional Chinese medicine herbalist".

(4)  No person other than a doctor of traditional Chinese medicine may use the title "doctor of traditional Chinese medicine".

 Scope of practice

4  (1)  An acupuncturist may practise acupuncture, including

(a) the use of traditional Chinese medicine diagnostic techniques, and

(b) the recommendation of dietary guidelines or therapeutic exercise.

(2)  A traditional Chinese medicine practitioner may practise traditional Chinese medicine.

 Reserved acts

5  Subject to section 14 of the Act,

(a) only a traditional Chinese medicine practitioner, acupuncturist or herbalist may make a traditional Chinese medicine diagnosis identifying a disease, disorder or condition as the cause of signs or symptoms,

(b) only a traditional Chinese medicine practitioner or a herbalist may prescribe those Chinese herbal formulae listed in a schedule to the bylaws of the College, and

(c) only a traditional Chinese medicine practitioner or an acupuncturist may insert acupuncture needles under the skin for the purposes of practising acupuncture.

 Limitations on practice

6  (1)  No acupuncturist or herbalist may treat an active serious medical condition unless the client has consulted with a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine, as appropriate.

(2)  A traditional Chinese medicine practitioner or an acupuncturist may only administer acupuncture as a surgical anaesthetic if a medical practitioner or a dentist is physically present and observing the procedure.

(3)  An acupuncturist or herbalist must advise the client to consult a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine if there is no improvement in the condition for which the client is being treated within two months of receiving treatment.

(4)  In the event a client does not consult with a medical practitioner, naturopath, dentist or doctor of traditional Chinese medicine, an acupuncturist or herbalist must discontinue treatment if

(a) there is no improvement in the condition for which the client is being treated after four months from the date treatment commenced,

(b) the condition for which the client is being treated worsens, or

(c) new symptoms develop.

(5)  An acupuncturist or herbalist must not use traditional Chinese medicine diagnostic techniques except as authorized in the bylaws.

 Patient relations program

7  The college is designated for the purposes of section 16 (2) (f) of the Act.