College of Homeopaths Defence Lawyers

Homeopaths, like many professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province regulates their professionals in their own way. Each province in Canada is responsible for regulating the professionals working within that province. In Ontario, the College of Homeopaths’ aim is to ensure safe and ethical care through regulation of its members. Because the practice of homeopathy is regulated, only those who are registered with the College of Homeopaths of Ontario may legally practice homeopathy and use the titles of ‘Homeopath’ or ‘HOM.’ Homeopathy is the practice of assessing body system disorders and treating them using homeopathic techniques to promote, maintain or promote health.

The College of Homeopaths of Ontario’s main roles are to set the education and qualifications standards necessary for practice, issue Certificates of Registration, develop Quality Assurance programs, establish and uphold standards of practice to be followed by its’ members, promote awareness for the prevention of sexual abuse and promote relations with other health care professionals and the public.

Homeopaths must abide by the College of Homeopath’s bylaws, policies and Standards and Guidelines for professional practice, and are regulated by the Homeopath Act, 2007 and the Regulated Health Professions Act, 1991. Homeopaths are accountable to the Minister of Health and Long-Term Care. These rules and legislations will be discussed in further detail in later sections.

The College of Homeopaths of Ontario is also overseen by a Council. The Council is composed of 6-9 fellow elected homeopaths and 5-8 members of the public appointed by the Lieutenant Governor in Council. Another one of the College of Homeopath’s main responsibilities is to address concerns and complaints about homeopaths. Thus, the College accepts formal complaints and investigates as necessary. If any professional misconduct is discovered, the College will also be the regulating body responsible for punishing the homeopath by holding disciplinary hearings and imposing penalties.

Legal Information

Frequently Asked Questions

How are Homepaths Regulated?
The Complaint Process
What Happens when a Complaint is Filed?
What Happens at a Discipline Hearing?
What Types of Acts or Omissions Give Rise to Professional Misconduct?
What Penalties can Homeopaths Face as a Result of a Complaint?
Is Alternative Dispute Resolution Available?
When Must an Employer/Facility Make a Report to the College of Homeopaths of Ontario?
When Must a Homeopth Self-Report to the College of Homeopaths of Ontario?
Quality Assurance of Homepaths

How are Homeopaths Regulated? 

Homeopaths must follow the College of Homeopath’s Standards and Guidelines for Professional Practice during the course of their work. They are also regulated by the Homeopathy Act, 2007, the Regulated Health Professions Act, 1991. The Homeopathy Act, 2007 defines practice of homeopathy, the scope of practice available under it, and the composition and functions of the  College’s Council. The Regulated Health Professions Act, 1991 is a general act that sets out the  standards and regulations of practice applicable to all regulated health professionals across  Ontario, including homeopaths.

The Complaint Process

Homeopaths, like any other professionals, owe a duty of care to their clients. Failure to discharge this duty of care may result in a formal complaint being filed with the College of Homeopaths of Ontario. Anyone can raise a complaint about a homeopath. A formal complaints can be filed with the College directly through writing, by letter, audio, videotape or any other form of  recording. The complaint should include: the name of the homeopath, a detailed description of the events, the date, time and place of the incident, and the complainant’s signature. There is no time limit on when a complaint may be filed. 

What Happens When a Complaint is Filed?

Once the College of Homeopaths of Ontario receives the complaint, the complainant will receive acknowledgement confirming the receipt in writing. The homeopath against whom the complaint is lodged will receive a copy of the complaint within 14 days of the College receiving the complaint and will be requested to provide a reply within 30 days. The complainant may respond back to the homeopath’s response if needed. After this exchange, the Inquiries, Complaints and Reports Committee (ICRC) will begin a review of the complaint. During the investigation, the ICRC may appoint an investigator to assist in the investigation. The investigator will have access to health records, the ability to obtain administrative records, as well have the power to interview witnesses. The homeopath will also be able to  present information on issues related to the complaint. After the investigation is completed, a report on the findings will be submitted to a Panel of the ICRC who will then assess whether the information found is able to uphold the claims made in the complaint. After deliberation, the Panel will come to a decision. It may take up to 150 days from time of receiving a complaint for a decision to be handed down and the Panel may make the following decisions:

  • Take no action
  • Refer the homeopath to another panel of the ICRC for further investigation if they are found to be incapacitated (for example, the homeopath is suffering from a mental health/physical condition that may interfere with the ability to practice safely)
  • Order the homeopath to appear before the panel to be cautioned
  • Require the homeopath to complete a specified continuing education or remediation program
  • Refer the complaint and matter to the Discipline Committee

Please note, the Panel does not have authority to order to assess injuries, order refunds/apologies from the homeopath, or order the homeopath to compensate the complainant. If the complainant or homeopath is unsatisfied with the decision, either party may request a review within 30 days for the decision. The review will be overseen by the Health Professions Appeal and Review Board of Ontario. However, where the decision is to refer the case to the Discipline Committee or an incapacity hearing, it cannot be appealed. A finding of professional misconduct can have very serious implications on a homeopath’s ability to practice. If a homeopath becomes aware that a complaint has been filed, they are advised to contact qualified legal counsel as soon as possible. Members of the College of Homeopaths of Ontario are entitled to have legal counsel present during all stages of the complaint process. Our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

What Happens at a Discipline Hearing?

If the Panel forwards a complaint to the Discipline Committee, a formal hearing will then take place. This will usually occur where a homeopath has committed an act of professional misconduct or is alleged to be incompetent. A formal hearing before the Committee is similar to a legal proceeding and will include written and oral submissions and cross examinations from witnesses and expert witnesses. After a full hearing, the Committee will come to a decision about the complaint. After the Discipline Committee makes a decision, there are several courses of action they may take, including:

  • Ordering the homeopath to pay a fine to the government of Ontario
  • Ordering to homeopath to appear before the Discipline Committee to be reprimanded in person
  • Ordering the homeopath to complete remedial education
  • Placing conditions on a homeopath’s practice
  • Suspending the homeopath from working for a certain period of time
  • Revoking the homeopath’s ability to practice

What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?

There are many different reasons why a client may wish to file a formal complaint against a homeopath. Some examples of incidents that give rise to a complaint may include:

  • The homeopath has failed to maintain the standards of the profession
  • The homeopath has abused a client
  • The homeopath is practicing the profession while under the influence of any substance, or while suffering from illness or other dysfunction which the homeopath knows or ought to known impairs their ability to practice
  • The homeopath discontinues professional services that are needed unless the client consents or alternative services are available
  • The homeopath practices the profession while in a conflict of interest
  • The homeopath fails to provide a truthful, understandable and appropriate explanation of the nature of an assessment, intervention, or other service after a request for an explanation by the client
  • The homeopath charges excessive fees

What Penalties Can a Homeopath Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the ICRC may take, including: referring the homeopath to another panel of the ICRC for further investigation if they are incapacitated (suffering from a mental health  or physical condition that may interfere with the ability to practice safely), ordering the homeopath to appear before the panel to be cautioned, requiring the homeopath to complete a specified continuing education or remediation program, and referring the matter to the Discipline Committee.

If the case has been referred to the Discipline Committee, the Committee may order the homeopath to: pay a fine to the government of Ontario, appear before the Discipline Committee to be reprimanded in person, complete remedial education, place conditions on a homeopath’s practice, suspend the homeopath from working for a certain period of time, or revoke the homeopath’s ability to practice.

Is Alternative Dispute Resolution Available?

As an alternative to making a complaint through the College of Homeopaths of Ontario’s formal complaint process, a party may choose to engage in Alternative Dispute Resolution (ADR). During ADR, a discussion will take place between the complainant and the homeopath, in which the parties may possibly settle issues, identify and simply the issues, and/or work to resolve the issues. ADR meetings are confidential and held on a ‘without prejudice basis.’ This means that what is discussed in the ADR meeting is confidential and may not be used in any court proceedings. To reach a conclusion, both parties must accept the final agreement.

Most complaints are able to be settled through ADR. However complaints regarding physical or sexual abuse are not suitable to be addressed through this process. Additionally, a homeopath’s history with the College of Homeopaths may also be taken into account in deliberating whether or not ADR is suitable. If the complaint is unsuitable to be addressed through ADR, or if the parties are unable to reach a resolution, the College of Homeopaths will appoint an investigator to the case.

When Must an Employer/Facility Make a Report to the College of Homeopaths of Ontario?

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ homeopaths make a mandatory report to the College of Homeopaths of Ontario where:

  • There is reasonable belief that the homeopath has sexually abused a client
  • There is reasonable belief that the homeopath is incompetent or incapacitated
  • The homeopath’s employment has been terminated or privileges have been revoked, suspended or limited
  • The homeopath has resigned, terminated or limited their practice due to professional misconduct, incompetence or incapacity.
  • A partnership, corporation or association with a homeopath has been terminated due to issues related to professional misconduct, incompetence or incapacity

Employers or the Facility must make a report to the College of Homeopaths of Ontario within 30 days of the incident, or immediately where the incompetence or incapacity could expose patients and clients to continued harm or sexual abuse.

hen Must a Homeopath Self-Report to the College of Homeopaths of Ontario?

The Regulated Health Professions Act, 1991 mandates that self-reporting is a legal requirement for all homeopaths. Some circumstances a homeopath must self-report to the College of Homeopaths of Ontario include:

  • The homeopath has been found guilty of an offence
  • The homeopath has been found guilty of professional misconduct, incompetency, incapacity
  • The homeopath is subject to a proceeding for professional misconduct, incompetency
  • The homeopath is subject to conditions of release (e.g. bail)

Under the College of Homeopaths of Ontario’s Standard of Practice, homeopaths are also required to report incidents where:

  • There are reasonable grounds for belief that a patient has been sexually abused by a member of the College of Homeopaths or a member of any other health regulatory college
  • There are reasonable grounds to believe that a child/elder has been subject to abuse or neglect

This report should be made within 30 days of becoming aware of the circumstances, or immediately upon knowledge- depending on the nature of the circumstances.

Quality Assurance of Homeopaths

The College of Homeopaths of Ontario maintains a Quality Assurance program in which the College will ensure that homeopaths are able to abide by regulations and meet the standards of practice required by the College and deliver quality service through participation in various educational and professional development programs. Homeopaths are required to self-assess by completing self-reflection activities, completing learning plans and participating in at least 15 hours of continuing education and professional development each year. Homeopaths must retain proof of their participation in ongoing developmental, educational programs and may be subject to annual random Peer and Practice Assessments. Each year, in order to renew their registration with the College, the homeopath must also sign a declaration certifying their understanding of the requirements and responsibilities under the Quality Assurance program.

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