NEWSLETTER

Regulation of Herbs

In Canada there are no provinces that have regulated Chinese Medicine. The public needs to be aware that official standards are critical for ensuring the quality of herbal products. Such standards are not yet well established in U.S.A and Canada much less anywhere else in the world.

The United State Pharmacopeia (USP) established the following standards, for herbal and dietary supplements:

1. Title of identifies the most commonly accept name of the entity.

2. To have definition of family of botanical.

3. Standard of packing & storage.

4. States requirements for label nomenclature.

5. Reference standards.

6. Microscopic shape and structure of botanic characteristics.

7. Pharmacognostic tests identification.

8. Sets limits for amount of inorganic residue of plants total ash.

9. Standard of aid-insoluble ash.

10. Standard of water-soluble ash.

11. Standard of foreign organic matter.

12. Standard of loss on drying.

13. Standard of water content of dried botanicals.

14. Standard of alcohol-soluble or water-soluble extractives.

15. Standard of volatile oil.

16. Standard of heavy metals.

17. Standard of pesticide residue.

18. Standard of microbial limits on bacteria and mold count.

19. Standard of marker substances and content tests.

Healing care providers & authorities should look closely at the risks and benefits of herbal medicines, just as they do at the risk and benefits of traditional therapies. So far there has been no proper education of herbal remedies that has been provided to the public. Professionals should educate the general public with the back ground, effectiveness and safety of herbs. Herbal manufactures are not required to comply with regulations that of major pharmaceutical companies have to. There have been cases where the FDA has issued warnings against herbal medicines, such as in 1998 regarding ´Sleeping Budda´.

The public consumers should be aware that some herbal products in the form of decoction, powders, tablets, and capsules, are not regulated by federal or provincial agencies, and neither safe nor efficacy studies nor research have been performed. Some herbal decoction and teas have caused serious, even fatal, toxicity.

"Herbal medications are said to work by causing neurochemical responses in the body." (Ontario)

"A particular chemical may be therapeutic in one amount and deadly in a slightly larger amount." (Cassileth)

"There are significant problems with any study of herbal products. There is generally a lack of standardization of dosage and formulation. The plant contains many potentially effective compounds with their inherent synergistic and competitive possibilities making it difficult to determine which products are beneficial and which are potentially harmful. Often, naturopaths employ several such plants simultaneously, poorly controlled, and scientific method is seldom employed. Biopsy proof of malignancy is often absent, as it direct clear measurement of end points. Careful, well-controlled statistical studies are needed." (Spencer)

"Since 1990 some 100 woman diagnosed with total destruction of their kidneys through irreversible intestinal fibrosis their medical conditions were all traced to a group practice of ´alternative´ doctors who had prescribed the woman medical cocktails containing Chinese herbs. The prescriptions contained stephania tetranda, magnolia officinals, and possibly phen-fen ST tetranda is call Fan Ji in Chinese.

In some botches, the Chinese had replaced Fan Ji with fangchi, also known as aristolochia. Aristolochia acid was identified in the preparations that the victims took. There many species of aristolochia used for medical purpose on all continents. Aristolochic (calico flower, cutchman´s pipe) contains acid that is nephrotoxic (toxic or destructive to kidney cells). Even Jin Bu Huan, short term user has been found life-threatening neurologic and long term user had liver injury with hepatotoxic. (Spencer)

Some decoction can cause gastro intestinal, or tablets or powder hepatic, hematologic and nervous system abnormalities. (Ridker)

There are many professional doctors report and references are published.

Please check it with BC Cancer Agency

www.bccancer.bc.ca and www.naturaldatabase.com

Regulation of Acupuncture

In U.S.A and Canada acupuncture is regulated not through scientific study but regulated by man power (practitioners only). In the United Stated FDA defined acupuncture as a minor surgery for extruding fluid and liquid. For the 21st century, we need to link science to not only to traditional but also acupuncture practice. The main cause of any disease is DNA environment, and virus. In the human body there is a flow of an electric current which is different in everyone. Acupuncture simply changes the energy level in the body. Every cell in the human body is made of atoms which have an electrical charge either positive or negative. Acupuncture needle insertion will not only add or subtract energy in the patient´s body but also change the energy level in the human body.

North America has not been properly educated on acupuncture in the 21st century, therefore safety and effectiveness doesn´t have a classification. The highest standard of education can perform high quality of practice and performance which will ensure the safety and well being of patients choosing this method of healing.

In Canada alternative and complementary portion of acupuncture is an overlapped practice among the province health professionals. There are not only one but several professions that practice the service and operation for public choice.

For example in pancreatic cancer, there are no symptoms until pain occurs, and the acupuncturist does not realize this fact and insertion of needles is done. Some practitioners still treat patients and believe that insertion of needles will do no harm as long as the needles they use do not touch the main organs in the body. Therefore, many dangerous aspects of acupuncture are not realized by the public. In some cases, patients experience cases of fainting and pneumothorax. Therefore the CNMCC emphasizes on safety practice.

The following should be regulated:

1.Explanation of standard regarding positive and negative human body and current biochemistry.

2.Medical biology and medical research on acupuncture.

3.Biochemist´s research and modern sense.

4.Research on acupuncture on mechanical mili volts and biology.

5.Explanation on patient getting current of how many amperes, how many volts, and how affect on body and joint.

6.Explanation of electric fields distinguished from magnetic field to patient healing.

7.Explanation of both electric and magnetic fields for every centimeter current standards of acupoint.

8.Explanation of the human DC field pattern.

9.Explanation of the electromagnetic brain and acupuncture service.

10.Explanation from researcher from professional physicists regarding bioelectric magnetism on acupuncture service.

11.Explanation of regeneration decreases, cancer increases, and DNA from acupuncture service affects.

12.Explanation of cancer cells, positive and negative magnetic electric current.

To ensure the safety and well being of patients across Canada, CNMCC is a non-profit organization that provides a high standard of education and experience in acupuncture.

Disclaimer:

The right to the exclusive use of the 11-point maple leaf is disclaimed apart from the trade-mark.

Services:

Educational services, namely courses, programs, studies, training, and certification of credentials relating to all aspects and applications of acupuncture, holistic health, traditional Chinese medicine, and natural medicine; certification and licensing examination relative to acupuncture, holistic health, traditional Chinese medicine, and natural medicines; accreditation of individuals who have completed mandated courses in the field of acupuncture, holistic health, traditional Chinese medicine, and natural medicine; operation of acupuncture, holistic health, traditional Chinese medicine, and natural medicine clinics.

CNMCC has recently added a new trademark title of B.C.A. as of October 15, 2008. This title services:

Educational services, namely courses, programs, studies, training and certification of credentials relation to all aspects and applications of acupuncture; certification and licensing examinations relative to acupuncture; accreditation of individuals who have completed mandated courses in the field of acupuncture; operation of an acupuncture clinic.

The CTCMA has made various statements in its newsletters and website regarding the CNMCC. The following is the CNMCC´s position regarding such statements:

1. The CTCMA has commenced a lawsuit in the Federal Court against the CNMCC contesting the validity of the CNMCC´s registered trademarks. The Federal Court has not rendered any decision in this lawsuit, and the CTCMA´s claims have not been proven in the Federal Court or any other court of law.

The CNMCC´s position that its registered trademarks are valid. Such trademarks continue to be registered with the trade-marks office. The CNMCC´s position regarding the CTCMA´s claims in the lawsuit is set out in the attached Statement of Defense which has been filed with the Federal Court. The CNMCC disputes the claims made by the CTCMA and intends to defend this lawsuit vigorously.

2. The CNMCC´s position is that it plays a valuable role which is separate and distinct from the role played by the CTCMA. As indicated in the CNMCC´s Statement of Defense, unlike the CTCMA, which regulates the practice of Traditional Chinese Medicine and Acupuncture in British Columbia, the role of the CNMCC is educational in nature and national in scope. For example, the CNMCC outlines educational programs for use by accredited private acupuncture/Traditional Chinese Medicine schools across Canada which opt to do so. The CNMCC’s registered trade-marks pertain to such educational services.

3. The CNMCC is a not-for-profit company incorporated under Part II of the Canada Corporation Act. The CNMCC believes in the importance of high educational standards for persons practicing acupuncture and Traditional Chinese Medicine across Canada. The CNMCC believes that the educational services it provides, and for which it has obtained registered trade-marks, will further this important goal. The CNMCC remains committed to this important goal.

We wish to advise our members and registrants that the CTCMA is challenging the viability of the CNMCC trade-mark registrations before the Federal Court of Canada. CNMCC is being proactive in defending its rights against CTCMA law suit. CNMCC takes a strong defence against any allegations raised by CTMCA against the CNMCC activities and stands by the validity of its trade-mark registrations. Unless the Court renders a decision otherwise, the CNMCC registrations are valid.

Examination and D.T.C.M. (Doctor of Traditional Chinese Medicine) ® Examination.

1.Applicants must be Canadian residents.

2.Downloadable application forms can be found on the examination & certification page.

3.Applications will only be accepted when accompanied by offical transcripts from the educational institution and the prescribed application fee..

4.All applications and accompanying documents must be received by CNMCC on or before November 9th, 2007 along with one hundred dollar ($100) non-refundable application fee.

5.Applicant who is approved as a being qualified to take the test will receive an examination notice, including the date and location of the examination. Examination Date: Fall of 2007.

Mail completed applications to:

Council of Natural Medicine College of Canada
1411-A CARLING AVENUE, SUITE 147,
OTTAWA, ONTARIO,
K1Z 1A7
Ottawa, Ontario

CNMCC SETS NATIONAL STANDARDS IN COMPLEMENTARY, ALTERNATIVE AND NATURAL HEALTH EDUCATION Ottawa, ON: While some of the invasive practices of traditional Chinese medicine are provincially regulated in some (not all) provinces of Canada, there has been no regulatory control over the development of the studies, programs and practical training that sets a person free to practice both the regulated acts and those acts that do not fall within the definition of restricted practices.

The Canadian Trade-marks Act protects consumer interests by permitting only one owner to own and use each trade-mark . The Act prohibits any other party from adopting or using or any mark that may be considered confusingly similar to that of the owner’s registered trade-mark, unless that third party has obtained a trade-mark license from the owner.

To enhance consumer protection, the Board of Directors of CNMCC have developed a vigorous array of examinations and programs that are becoming nationally recognized under their trade-marks. - D.P.C.M. (DOCTORATE OF PHILOSOPHY IN CHINESE MEDICINE); D.P.O.M. (DOCTORATE OF PHILOSOPHY IN ORIENTAL MEDICINE); D.P.N.H. (DOCTORATE OF PHILOSOPHY IN NATURAL HEALTH); D.T.C.M. (DOCTOR OF TRADITIONAL CHINESE MEDICINE); N.H.P (NATURAL HEALTH DOCTOR); H.M.D. (HOLISTIC MEDICINE DISPENSARY); and N.M.D.P. (NATURAL MEDICINE DATABASE PRACTITIONER). CNMCC is dedicated to ensuring that both regulated and non-regulated practitioners develop best practices and skills under the CNMCC program standards.

The CNMCC holds that the education of its members and the general public is a fundamental element to attaining wellness, making informed choices and active participation in one own health. The CNMCC vision and purpose has been greatly inspired by the Constitution of the World Health Organization advocating people’s rights to the highest standards of education and health care.

While there has been some backlash from the regulatory of traditional Chinese medicine in the province of B.C., it has been made clear by the B.C. Ministry of Health that the self-governed regulatory body has no control over or input into the educational environment or standards. While a patient may feel more secure being treated by a registered practitioner, it is most reassuring to know that this practitioner has also achieved the nationally recognized education under the CNMCC programs.

For program and contact information, please visit www.cnmccanada.com

OUR MAILING ADDRESS HAS BEEN CHANGED! PLEASE FORWARD ALL CORRESPONDENCE AND APPLICATIONS TO:

1411-A CARLING AVENUE, SUITE 147,
OTTAWA, ONTARIO,
K1Z 1A7

Professional Titles v. Trade-marks (Intellectual Property) We have come across a recent article that has addressed trade-marks (intellectual property) granted under the Canadian Trade-marks Act and allegations that some trade-marks are intended to mislead or misguide the public and may be causing confusion with some professional titles. There is a distinct difference between a professional title and a trade-mark. We wish to educate the TCM community and general public on the differences and purposes between a professional title and a trade-mark, specifically where it relates to the practice of traditional Chinese medicine.

Until recently, traditional Chinese medicine practices were not provincially regulated by the Minister of Health. Historically, persons practicing traditional Chinese medicine became commonly known as and generically referred to as "doctors" or "doctors of traditional Chinese medicine." Slowly, Canadian provinces are implementing provincial regulatory bodies to govern the practice of traditional Chinese methods to better serve public safety.

At this time, not all provinces in Canada have regulatory bodies governing the practice of traditional Chinese medicine. Yet alternative medicine health providers continue to be commonly referred to generically as "doctors" or "doctors of traditional Chinese medicine", not only in Canada, but worldwide. Accordingly, it is an impossible legal feat (or regulatory dream) to prohibit those persons from continuing to be identified as or recognized as "doctors" or "doctors of traditional Chinese medicine" in the eyes of the general public, and especially so by those so accustomed to engaging the services of traditional Chinese medicine practices for so many years. The best that can be done from a regulatory viewpoint is designate "professional titles" in the regulated provinces and to educate the public accordingly.

A professional title is used to signify a professional´s role or to designate membership in a professional society. Some professional titles are restricted, by virtue of provincial legislations and regulations, to members of specific profession.

Professional titles are granted on province-by-province basis by the provincial governing bodies and are dependant upon whether licensing to practice the professional duties is required in said province.

Simply put, a trade-mark (intellectual property) is a name, design or logo used to distinguish one person´s products or services from that of another. The purpose of a trade-mark is that the user (consumer) can distinguish the source of the product/service and the high standard of quality or reputation associated with that product/service.

The Council of Natural Medicine College of Canada (CNMCC) has developed a rigorous array of educational programs and examinations in the field of holistic, natural health and traditional Chinese medicine practices. As a means for the public to recognize individuals who have completed the CNMCC programs offered by any approved and accredited educational institutions and the CNMCC examinations, each educational program is identified by a trade-mark. One such example is the D.T.C.M. (DOCTOR OF TRADITIONAL CHINESE MEDICINE) program identified by its trade-mark. Upon successful completion of the programs and examination, the successful students are given a license to use the corresponding trademark, which is associated with the high standards of the programs and the rigorous examinations developed by CNMCC.

A registered trade-mark is protected nationwide and is for the owner´s exclusive use or for the owner to grant licenses to bodies interested in using its trade-mark to designate a similar service.

The trade-mark D.T.C.M. is a trade-mark protected under the Federal laws of the Canadian Trade-marks Act to denote programs, and examinations of a specific standard being offered to approved and accredited schools by the Council of Natural Medicine College of Canada. The trade-mark D.T.C.M. denotes to the public that the doctor practicing traditional Chinese medicine has met the high standards of quality of study and examinations established by their renowned TCM doctors.

Whether the individual decides to take the step to actually put into practice those traditional Chinese methods that are restricted by requiring provincial licensing is one of a personal decision.

It is a well known fact in the educational system in Canada that there are specific professions that requiring provincial licensing to perform duties or offer services under a restricted professional title. However, this does not prohibit any person from taking studies in that specialized field of interest. Some of these studies are applicable to non-regulated practices and serve to enhance a person’s capabilities in their chosen area of practice.

By a practitioner´s display of the trade-mark D.T.C.M., patients are reassured that their doctor has completed the comprehensive array of D.T.C.M. studies and passed the examinations of traditional Chinese medicine established the CNMCC’s high standards of quality.

Clearly, there is difference in a practitioner´s use of a professional title and the offering of programs and studies or the licensed use of the D.T.C.M. trademark.

CNMCC´s mission is to enhanced public safety by offering a high level of education through its D.T.C.M. program to those wishing to learn traditional Chinese medicine methods. We believe our energies and funds are best served at educating the service providers and public, as opposed to engaging in length and costs legal battles. However, in order to preserve the distinctiveness associated with its D.T.C.M. trade-mark and associated services, CNMCC has and will continue to take proactive steps against any unauthorized use of its trade-marks.

Any institution using the trade-mark D.T.C.M. in association with educational programs, regardless of whether the purpose of the program is to achieve a professional title, or any person using the D.T.C.M. trade-mark in the display of a clinical setting, without the specific approval and trade-mark licensing of CNMCC, is in violation of Federal trade-mark laws and of CNMCC´s trade-mark rights. CNMCC has been, and will continue to be, pro-active against the unauthorized use of D.T.C.M. by such unauthorized institutions or persons.

The D.T.C.M. (Doctor of Traditional Chinese Medicine) examination was successfully completed.

Council of Natural Medicine College of Canada

Doctor of Traditional Chinese Medicine (D.T.C.M.) Examination CNMCC has acquired Federal trade-mark rights for D.T.C.M. (Doctor of Traditional Chinese Medicine). Any unauthorized use of D.T.C.M. (Doctor of Traditional Chinese Medicine) shall be subject to prosecution under the Trade-marks Act.

Existing practitioners from Quebec and Ontario wishing to be licensed to use the D.T.C.M (Doctor of Traditional Chinese Medicine) trademark may challenge the test offered by the CNMCC.

To know more about CNMCC or acquiring latest news, please email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Existing practitioners from Quebec and Ontario wishing to use the D.T.C.M ( DOCTOR OF TRADITONAL CHINESE MEDICINE ) trademark may challenge the test offered by the CNMCC.

1.Applicants must be Canadian Residents

2.Applicants must provide proof of education in TCM in the form of a transcript or a copy of an education certificate

3.Applicants must have minimum 5 years Acupuncture & TCM clinical experience in Quebec & Ontario

4.Applicants must supply proof of clinical experience in the form of either business licences or tax forms from the prior five years.

The D.T.C.M. test will be held in the east coast area in the fall of 2006. The specific date and location will be announced at a later date.

We wish to extend our congratulations to the graduates who have successfully completed and passed the D.T.C.M. ( DOCTOR OF TRADITONAL CHINESE MEDICINE ) examination administered by the Council of Natural Medicine College of Canada.

The D.T.C.M. (Doctor of Traditional Chinese Medicine) examination was successfully completed.

Announcement of D.T.C.M. (Doctor of Traditional Chinese Medicine) Examination

D.T.C.M. Examination will be performed on March 26th, 2006.

Location : UBC

The Examination consists of the following three parts:

i) Written examination

ii) Practicum

iii) Screening test

Applicant must either

i. complete the program offered by CNMC - approved post secondary school or,

ii. hold any other Health related provincial licence in Canada