|This archived statute consolidation is current to November 10, 1992 and includes changes enacted and in force by that date.|
|7.1||Right to provide chiropractic services through a corporation|
|7.3||Prohibition against carrying on business|
|7.4||Voting agreements prohibited|
|7.5||Responsibility of members|
|7.6||Revocation of permits|
|7.8||Rules apply to corporations|
|8.||Use of title|
|13.||Proof on prosecution|
|14.||Collection of fees|
|18.||Medical Practitioners Act|
1. In this Act
"chiropractic" means the branch of the healing arts that is concerned with the restoration and maintenance of health through adjustment by hand, or the use of devices directly related to the adjustment, of the articulations of the human body and that is involved primarily with the relationship of the spinal column to the nervous system;
"chiropractic corporation" means a corporation in respect of which a permit has been issued;
"chiropractor" means a person whose method of treatment of the human body for disease and the causes of disease is confined solely to chiropractic;
"college" means the British Columbia College of Chiropractors;
"member" means member of the college;
"permit" means a permit issued under section 7.2 and includes a renewal of the permit.
Historical Note(s): RS1960-54-2; 1970-5-1; 1983-20-5, effective December 19, 1983 (B.C. Reg. 479/83); 1989-29-1; 1990-51-1.
2. (1) The members of the association incorporated under the name of British Columbia Chiropractic Association and all persons who become registered as members of the association under this Act are continued as a corporation.
(2) The British Columbia Chiropractic Association is renamed the "British Columbia College of Chiropractors" on the coming into force of this subsection.
Historical Note(s): RS1960-54-3; 1970-5-2; 1989-29-2.
3. (1) There shall be a board for the purposes of this Act, to be known as the Board of Chiropractors (the "board"), which shall consist of 9 persons who are members of the college. At least 5 members of the board must be present to constitute a meeting of the board for the exercise of its powers.
(2) The board shall be elected by the members of the college, and for this purpose the Province shall be divided into 3 districts:
(a) lower mainland, being all that part of the Province lying east of the Strait of Georgia, and south of the 50th parallel of north latitude, and west of the 121st meridian, from which 7 members of the board shall be elected;
(b) Vancouver Island, being all that part of the Province lying west of the 123rd meridian, except that part described as the lower mainland, from which one member of the board shall be elected; and
(c) the interior, being all that part of the Province lying east of the 123rd meridian, except that part described as the lower mainland, from which one member of the board shall be elected.
(3) Members of the board shall be elected for a term of 3 years, and 3 members shall be elected annually at each annual general meeting of the college.
Historical Note(s): RS1960-54-4; 1967-8-2; 1989-29-3.
4. (1) The examining board constituted for the examination of applicants for registration under this Act is continued. It shall have 2 members, and each shall hold office for the term for which he was appointed.
(2) The board shall, subject to the regulations, appoint from the members of the college a person to fill a vacancy in the examining board caused by the expiration of the term of office of one of its members. The person appointed shall hold office for a term of 3 years.
(3) The board shall appoint from the members of the college a person to fill a vacancy in the examining board caused by the resignation, inability to act or death of any of its members. The person appointed shall hold office only for the remainder of his predecessor's term.
Historical Note(s): RS1960-54-5; 1967-8-3; 1970-5-3; 1989-29-3.
5. (1) The board, with the approval of the Lieutenant Governor in Council and subject to this Act, may make rules and may make different rules for different classes of persons
(a) for the registration of chiropractors as members of the college;
(b) for the admission of chiropractors to practise in the Province;
(c) establishing the qualifications of persons to be admitted and registered, and the proof to be furnished as to education, good character and experience;
(d) for maintaining a register of chiropractors registered under this Act, and providing for the annual renewal of registration and establishing the fees for renewal;
(e) establishing the discipline and control of registered chiropractors and without limiting the generality of the foregoing may
(i) create discretionary powers related to the discipline and control of currently or formerly registered chiropractors,
(ii) set standards of conduct,
(iii) control or prohibit advertising or a form of advertising,
(iv) provide for disciplinary hearings of currently or formerly registered chiropractors and may set the grounds for holding a hearing,
(v) provide the power to compel the attendance of a currently or formerly registered chiropractor as a witness at a hearing,
(vi) provide the power to compel a currently or formerly registered chiropractor to produce records and things at a hearing,
(vii) provide that a hearing may proceed in the absence of the currently or formerly registered chiropractor who is the subject of the hearing upon proof of service of notice of the hearing on the currently or formerly registered chiropractor,
(viii) provide for one or more of the following orders pursuant to a hearing:
(B) imposition of terms and conditions on the continuance of registration;
(C) suspension of registration;
(D) cancellation of registration;
(E) fines up to $10 000 payable to the college;
(F) suspension of disciplinary action on terms and conditions which, if fulfilled, result in a cancellation of the disciplinary action,
(ix) provide for suspension pending a hearing where continued registration pending the hearing would endanger the public, and
(x) provide for appeals to the board and to the Supreme Court;
(f) for the investigation of a complaint that a registered chiropractor has been guilty of misconduct or displayed ignorance or incompetence making it desirable in the public interest that his registration should be cancelled or suspended;
(g) for the cancellation or suspension of the registration of a chiropractor whose application for registration is found by the board to have been based on a false or fraudulent statement, or who is found by the board to be guilty of misconduct or to be ignorant or incompetent, or to be in default in the payment of fees established under this Act;
(h) for the reinstatement of a member whose registration has been cancelled or suspended;
(i) providing for the calling of meetings of members of the college and the procedure and voting rights at meetings;
(j) establishing the organization, powers and procedure of the board, and the election or appointment and term of office of its members, and regulating the board in the performance of its duties;
(k) establishing the fees for examination and registration of chiropractors under this Act and fixing the time for their payment;
(l) for the application of money forming the funds of the college;
(m) subject to section 4, for the appointment of an examining board to examine applicants for registration as chiropractors and establishing the duties of the examining board;
(n) providing for the examination of credentials of applicants who apply to become registered as chiropractors under this Act, arranging for examinations and providing for the granting of certificates of competency in the use of Xrays;
(n.1) respecting continuing education of chiropractors as members of the association;
(o) respecting insurance against professional liability claims including requirements that chiropractors maintain the insurance and including requirements as to payment of premiums for the insurance;
(p) generally for the better carrying out of the provisions of this Act.
(2) [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]
(3) The Lieutenant Governor in Council may rescind the approval given to a rule and, on that happening, the rule is repealed.
Historical Note(s): RS1960-54-6; 1967-8-4; 1983-10-21,22, effective October 26, 1983 (B.C. Reg. 393/83); 1986-16-11, effective September 25, 1986 (B.C. Reg. 223/86); 1989-29-3; 1990-51-2.
5.1 (1) Where an order referred to in section 5 (1) (e) (viii) is made pursuant to a hearing, the board may require the currently or formerly registered chiropractor who is the subject of the order to pay to the college some or all of the reasonable costs of the hearing and may determine the amount of those costs.
(2) Where a matter is dismissed after a hearing, the board may order that the college pay the currently or formerly registered chiropractor who is the subject of the dismissal his reasonable costs in an amount it determines.
(3) Where the board determines the amount of costs under subsection (1) or (2), the amount may be taxed under the Supreme Court Rules, as nearly as they are applicable, by the registrar or district registrar of the Supreme Court in the judicial district in which the hearing, referred to in section 5 (1) (e) (viii), took place according to the scale provided in Appendix C of the Supreme Court Rules, as nearly as they are applicable and, where the certificate of the registrar certifying the amount of costs awarded is filed with the court, it may be enforced as if it were an order of the court.
Historical Note(s): 1986-16-12, effective September 25, 1986 (B.C. Reg. 223/86); 1989-29-3.
6. Every order or decision of the board refusing an application for registration of a chiropractor may be appealed to the Supreme Court not later than one month after the date of the order or decision.
Historical Note(s): 1976-33-16.
7. (1) Only the persons who produce a certificate of having successfully completed the first year of a recognized Canadian university or its equivalent, and who are duly qualified chiropractors and graduates of a recognized college of chiropractic, are entitled to apply for registration as chiropractors under this Act and become members of the college. For the purpose of this section a candidate must have attended the recognized college for a minimum of 8 months in each of 4 one year periods.
(2) Before a chiropractor is lawfully entitled to register and practise as a chiropractor within the Province, he shall take and pass an examination satisfactory to the examining board on the following subjects: chiropractic philosophy, chiropractic technique and practice, neurology, Xray technique and interpretation, anatomy (including histology and embryology), physiology, chemistry, pathology, bacteriology, diagnosis and symptomatology, hygiene and sanitation.
(3) In a written report to the board the examining board shall indicate the results of its investigation and examination of every person who applies for registration as a member of the college to practise chiropractic in the Province.
(4) If the board is satisfied that the applicant is qualified to practise chiropractic and that he is a person of integrity and good moral character, it shall, subject to the rules, grant him a certificate of registration which entitles him to the rights and privileges conferred by this Act.
(5) Notwithstanding the other provisions of this section, the board may, in its discretion, admit to registration and to practice as a chiropractor under this Act any chiropractor who has successfully passed examinations of, or has obtained national registration under, the national examining board of the Canadian Chiropractic Association.
(6) For the purposes of section 73 (a) of the Medical Practitioners Act, but for no other purpose, a person described by section 11 (3) is deemed to be practising chiropractic and to be registered under this section to the extent necessary to allow that person to teach or study.
Historical Note(s): RS1960-54-8; 1964-10-2; 1967-8-5; 1970-5-4; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1989-29-3,4.
7.1 Subject to this Act and the rules, a chiropractic corporation may carry on the business of providing chiropractic services to the public through one or more persons each of whom is
(a) a member of the college, or
(b) an employee of the chiropractic corporation under the direct supervision of a member of the college.
Historical Note(s): 1989-29-5.
7.2 (1) The board shall issue a chiropractic corporation permit to a corporation that is incorporated under the Company Act and is in good standing under that Act where the board is satisfied that
(a) the name of the corporation includes the words "chiropractic corporation",
(b) all of the voting shares are legally and beneficially owned by a member or members,
(c) all of the non-voting shares are legally and beneficially owned by
(ii) the spouse of a member who is a shareholder,
(iii) a person who, although not married to a member who is a shareholder, lives with the member and has lived with that member as husband or wife for a period of not less than 2 years,
(iv) a child, as defined in the Family Relations Act, of a member who is a shareholder, or
(v) any other relative of a member who is a shareholder where the relative resides with the member,
(d) all of the directors of the corporation are members, and
(e) all of the persons who will be practising chiropractic on behalf of the corporation are members or are under the direct supervision of a member.
(2) The board may refuse to issue a permit under subsection (1) where
(a) the chiropractic corporation has previously had its permit revoked, or
(b) a shareholder of the chiropractic corporation was a shareholder of a chiropractic corporation that previously had its permit revoked.
Historical Note(s): 1989-29-5.
7.3 (1) A corporation that has the words "chiropractic corporation" as part of its name shall not carry on any business unless it holds a valid permit.
(2) A chiropractic corporation that holds a permit shall not carry on any activities, other than the provision of chiropractic services or services that are directly associated with the provision of chiropractic services that would, for purposes of the Income Tax Act (Canada), give rise to income from business.
(3) No act of a chiropractic corporation, including a transfer of property to or by the corporation, is invalid by reason only that the corporation contravenes subsection (1) or (2).
Historical Note(s): 1989-29-5.
7.4 No shareholder of a chiropractic corporation shall enter into a voting trust agreement, proxy or any other type of agreement that vests in another person who is not a member of the college the authority to exercise the voting rights attached to any or all of the shares.
Historical Note(s): 1989-29-5.
7.5 (1) The liability for professional negligence of a member carrying on the practice of chiropractic is not affected by the fact that the member is carrying on that practice as an employee on behalf of a chiropractic corporation.
(2) The relationship of a member to a chiropractic corporation, whether as a shareholder, director, officer or employee of the corporation, does not affect, modify or diminish the application to the member of the provisions of this Act and the rules made under it.
(3) Nothing in this Act affects, modifies or limits any law applicable to the fiduciary, confidential or ethical relationships between a chiropractor and a person receiving the professional services of a chiropractor.
(4) The relationship between a chiropractic corporation carrying on business as permitted under this Act and a person receiving chiropractic services provided by the corporation is subject to all applicable law relating to the fiduciary, confidential and ethical relationships that exist between a member and the member's client.
Historical Note(s): 1989-29-5.
7.6 (1) The board may, after a hearing, revoke the permit issued to a chiropractic corporation where
(a) in the course of providing chiropractic services the corporation does anything that, if done by a member, would be conduct unbecoming a member,
(b) the corporation contravenes section 7.3, or
(c) the corporation ceases to comply with a condition of qualification referred to in section 7.2 or a condition under section 7.7 (1) (c) or (2).
(2) The board may, rather than revoking a permit under subsection (1),
(a) reprimand one or more of the shareholders of a chiropractic corporation, or
(b) impose a fine on the chiropractic corporation in an amount not exceeding $10 000.
(3) Where a permit is revoked under this section, the board shall inform the Registrar of Companies who shall amend the name of the corporation whose permit has been revoked
(a) by deleting the words "chiropractic corporation" from it, and
(b) by making any other amendments that the Registrar of Companies considers necessary or advisable.
(4) All shareholders, directors, officers and employees of a chiropractic corporation may be
(a) compelled to give evidence at a proceeding under this Act other than as a defendant in a proceeding under section 11, or
(b) required to produce all files and records that are in their possession or power and that are relevant to matters raised in the proceeding.
Historical Note(s): 1989-29-5.
7.7 (1) The board may make rules that it considers necessary or advisable for the purposes of sections 7.1 to 7.6 and, without limiting that, may make rules
(a) respecting the issue and renewal of permits, including
(i) the establishment of a procedure to obtain a permit and a renewal of a permit, and
(ii) fixing fees for the obtaining of a permit or a renewal of a permit,
(b) respecting procedures for revocation of permits, including the adaptation, in a manner that the board considers necessary or advisable, of rules respecting proceedings before it,
(c) fixing conditions that may be attached to permits that are issued or renewed under this Act,
(d) respecting names and the approval of names including the types of names by which a chiropractic corporation may be known, and
(e) respecting the disposition of shares of a shareholder of a chiropractic corporation who
(i) ceases to be a member of the college, or
(ii) remains a member of the college but is not qualified to practise chiropractic.
(2) The board may, as a condition of issuing or renewing a permit, fix an amount of insurance that the holder of the permit must carry or must provide to each of its employees for the purpose of providing indemnity against professional liability claims.
(3) The rules under subsection (1) or the amount fixed under subsection (2) may be different for different permit holders, at the discretion of the board.
Historical Note(s): 1989-29-5.
7.8 The rules made under section 5 apply to chiropractic corporations, and the college and board may exercise the powers given by this Act and the rules to enforce the rules made under section 5.
Historical Note(s): 1989-29-5.
8. No person other than a chiropractor registered under this Act as a member of the college shall engage in the practice of a chiropractor or use the title "chiropractor", or any word, title or designation, abbreviated or otherwise, to imply that he is engaged in the practice of a chiropractor, and every person who contravenes a provision of this section commits an offence against this Act.
Historical Note(s): RS1960-54-9; 1989-29-3.
8.1 (1) A chiropractor registered under this Act, who holds the academic qualification of Doctor of Chiropractic granted by a college of chiropractic for a course of studies accepted by the board as qualification for registration under this Act, may display or make use of the title "doctor" or the abbreviation "Dr.", but only as "Doctor of Chiropractic", "Dr. of Chiropractic", "Chiropractic Doctor" or "Chiropractic Dr.", but no chiropractor shall use the title "doctor" or the abbreviation "Dr." in such a way as to suggest an occupation relating to the treatment of human ailments, other than as permitted under this Act.
(2) The board may, on application from a chiropractor registered on or before January 1, 1984 to practise in British Columbia, grant to that chiropractor the right to use the title "doctor" or the abbreviation "Dr." as set out in subsection (1), provided the board is satisfied that the academic qualification of the chiropractor is the equivalent of the academic program leading to the degree of Doctor of Chiropractic as granted in Canada.
Historical Note(s): 1984-19-1.
9. (1) Subject to subsection (2), no person registered as a chiropractor under this Act shall engage in the practice of the diagnosis or treatment of the human body for disease, or the causes of disease, otherwise than as a chiropractor, unless he first applies to have his name stricken from the register of members of the college and discontinues the use of the name "chiropractor", whether by way of advertisement or in any other manner which might signify that he was practising as a chiropractor within the meaning of this Act.
(2) A person registered as a chiropractor under this Act may in connection with his practice use Xray shadow photographs of the articulations of the human body and, if he first applies for and obtains from the board a certificate of competency under the rules, he may in connection with his practice use Xrays for the purpose only of producing shadow photographs of the articulations of the human body.
(3) Every person who contravenes this section commits an offence against this Act.
Historical Note(s): RS1960-54-10; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1983-20-6, effective December 19, 1983 (B.C. Reg. 479/83); 1989-29-3.
10. Nothing in this Act or the rules authorizes a person to prescribe or administer drugs for use internally or externally, or to use, direct or prescribe the use of anaesthetics for any purpose, or to practise medicine, surgery or midwifery or to use a method other than chiropractic in the treatment of disease.
Historical Note(s): RS1960-54-11; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
11. (1) A person who practises chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease for hire, gain, reward or remuneration or the hope or expectation of any of them, unless he is registered to practise as a chiropractor under this Act, commits an offence against this Act.
(2) A person who, not being registered as a chiropractor under this Act, or who, having been registered and whose registration has been cancelled or is under suspension, practises or holds himself out as practising chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, or advertises or uses any prefix or suffix to his name signifying that he is qualified to practise chiropractic, either alone or in conjunction with any other method of treatment of the human body for disease and the causes of disease, commits an offence against this Act.
(3) Subsections (1) and (2) do not apply to a person who is teaching or studying chiropractic as a teacher or student at a school of chiropractic approved by the Lieutenant Governor in Council for the purposes of this section.
Historical Note(s): RS1960-54-12; 1989-29-6.
12. (1) A person who contravenes section 8 or 9 commits an offence.
(2) Section 5 of the Offence Act does not apply to this Act or to the rules made under this Act.
Historical Note(s): 1986-16-13, effective September 25, 1986 (B.C. Reg. 223/86).
13. In a prosecution under this Act it is sufficient proof of an offence if it is proved that the defendant is, for gain, committing any of the acts prohibited by this Act, and the palpating or adjusting of the articulations of the human body is deemed to be the practising of chiropractic within the meaning of this Act, and it is not necessary to prove more than one act.
Historical Note(s): RS1960-54-14; 1967-8-6; 1975-37-16; 1983-20-7, effective December 19, 1983 (B.C. Reg. 479/83).
14. A chiropractor registered under this Act who has complied with the rules applicable to him is entitled to demand from a person by whom he is consulted or employed, and to recover as a debt in a court of competent jurisdiction, the proper charges authorized by the rules for his examination, treatment, aid, advice and visits or any of them.
Historical Note(s): RS1960-54-15; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
15. A person registered under this Act is exempt, if he so desires, from serving on all juries and inquests.
Historical Note(s): RS1960-54-16.
16. Nothing in this Act applies to or affects
(a) the practice of a profession or calling by a person practising it under the authority of a general or special Act of the Legislature;
(b) [Repealed 1987-42-8, effective August 21, 1987 (B.C. Reg. 295/87).]
(c) the furnishing of first aid or temporary assistance in cases of emergency;
(d) persons treating human ailments by prayer or spiritual means as an enjoyment or exercise of religious freedom.
Historical Note(s): RS1960-54-17; 1987-42-8, effective August 21, 1987 (B.C. Reg. 295/87).
17. The provisions of section 88 of the Health Act, imposing certain duties on physicians with respect to contagious or infectious diseases, apply, with the necessary changes, to every chiropractor registered under this Act.
Historical Note(s): RS1960-54-18.
18. Nothing in the Medical Practitioners Act shall prohibit any person registered as a chiropractor under the provisions of this Act from practising as a chiropractor for gain or reward.
Historical Note(s): RS1960-54-19.
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