Jianping Fu

The regulatory college applied for injunctive relief under the Health Professions Procedural Code alleging that the respondent unlawfully practised traditional Chinese medicine and held herself out as a practitioner after the profession became regulated.

Evidence showed that the respondent, who was not registered with the college, examined an individual, communicated a traditional Chinese medicine diagnosis, used restricted titles, and represented herself through business materials as qualified to practise acupuncture.

The court found that the respondent communicated a diagnosis and held herself out as a practitioner contrary to the Traditional Chinese Medicine Act, 2006 and the Regulated Health Professions Act, 1991.

The court concluded that providing health advice in these circumstances created a foreseeable risk of serious bodily harm and also breached statutory restrictions on the use of the title “Doctor.” The requested injunction was granted.