Laser Crime Watch
Korean-Canadians are proud of their contributions to Canada’s economy and politics by respecting Canada’s culture and legal heritage and by following Canada’s laws.
* Is it illegal for a Korean doctor to confuse the public by pretending to be a Korean dermatologist?
- Section 6 (Advertising and Communication with Public) of Practice Standard of College of Naturopathic physicians of BC states that ” References to professional qualifications and reserved titles used in marketing must be consistent with the CNPBC Practice Standard for Use of Title.
a. Registrants, unless they have a notation of certification entered into the CNPBC online register, must not use the term “certified” or any similar designation suggesting a
recognized special status or accreditation on any letterhead or business card or in any other marketing.
b. Registrants must not use the term “specializing in”, “specialist” or any other term, title, designation or phrasing that could reasonably be interpreted as indicating a specialization in an area of practice of the profession.
c. Registrants must NOT use titles or DESCRIPTIONS of their work which are reasonably likely to CONFUSE or mislead the public about the registrants’ QUALIFICATIONS.”
Section 7-4 (3)(4)(5)(6) (Promotional activities) of the Bylaws of the College of Physicians and Surgeons of BC states that “
(3) A registrant must not refer to themselves as a specialist or subspecialist unless the registrant has been
(a) certified by the RCPSC in a specialty or subspecialty, or equivalent as approved by the board, or
(b) certified by the CFPC in family medicine or emergency medicine or an added competence in family medicine, or equivalent as approved by the board.
(4) A registrant may refer to having a focused area or practice but when doing so must
(a) state their RCPSC specialty or subspecialty certification, or equivalent as approved by the board, or
(b) state their CFPC certification or subspecialty certification, or equivalent as approved by the board.
(5) Any communication, advertisement or publicity distributed on behalf of a registrant, partnership, group or professional association must include the NAME of at least one registrant who is responsible for the content.
(6) A registrant who produces, writes, edits or pays for professional advertisement is considered responsible and accountable for the content.
Practice Standard of the College of Physicians and Surgeons of BC (Advertising and Communication with the Public, Use of the term “specialist”) states that “As required in section 7-4(3) of the Bylaws, a registrant must not identify themselves as a specialist or subspecialist unless the registrant has been
• certified by the Royal College of Physicians and Surgeons of Canada (RCPSC) in a specialty or subspecialty, or equivalent approved by the board, or
• certified by the College of Family Physicians of Canada (CFPC) in family medicine or emergency medicine or an added competence in family medicine, or equivalent as
approved by the board.Nothing prevents a registrant who has certification from the CFPC from calling themselves a “specialist in family medicine” or a “family medicine specialist.” A registrant using the term “specialist” must clearly note whether this is a RCPSC or CFPC designation when communicating with the public.
As required in section 7-4(4) of the Bylaws, a registrant may refer to having a focused area of practice but when doing so must
• state their RCPSC specialty or subspecialty certification, or equivalent as approved by the board, or
• state their CFPC certification or subspecialty certification, or equivalent as approved by the board.CFPC subspecialty certification is only applicable to the Certificates of Added Competence (CAC). The current approved CACs include: addiction medicine, care of the elderly,
emergency medicine, enhanced surgical skills, family practice anesthesia, obstetrical surgical skills, palliative care and sports and exercise medicine.All other CFPC certified registrants who practise in a specific area may provide a list of areas in which they practice (e.g. SKIN CONDITIONS), however this CANNOT imply certification, or any RCPSC specialties (e.g. DERMATOLOGY). This is intended to ensure consistency in advertising and promotional materials, and that descriptive terms are NOT mistaken for FORMAL SPECIALIST or subspecialist qualifications.
RCPSC-certified registrants practising in a subspecialty discipline without subspecialty certification must state “certified specialist in [specialty] practising in [name of subspecialty
area].” This is also to ensure consistency in advertising so descriptive terms are not mistaken for formal qualification. This does not include RCPSC- certified subspecialties, in which
registrants can use the title of their subspecialty.Additionally, registrants must not use the term “surgeon” in advertising for cosmetic procedures unless they are a RCPSC certified specialist in a relevant surgical discipline.”
Section 52 (1) (False or Misleading representations) of the Competition Act states that “no person shall, for the purpose of promoting, directly or indirectly, the supply or use of a product or for the purpose of promoting, directly or indirectly, any business interest, by any means whatever, knowingly or recklessly make a representation to the public that is false or misleading in a material respect.”
Section 52 (5) (Deceptive marketing practices) of the Competition Act states that “any person who contravenes subsection (1) is guilty of an offence and liable
(a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding 14 years, or to both; or
(b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both.”
If you have a question, you can ask or report to the following regulatory bodies/government:
College of Naturopathic Physicians of BC click
or Investigations Department, College of Physicians and Surgeons of BC. click
* Is discriminating pricing illegal? (by advertising extremely lower prices on Korean online communities)
Section 2 of the Canadian Human Rights Act states the purpose of the Act, which is to extend the laws in Canada to give effect to the principle that all individuals should have an equal opportunity without being hindered by discriminatory practices based on race, national or ethnic origin, and other grounds.
Section 3 of the Canadian Human Rights Act lists the prohibited grounds of discrimination, which include race, national or ethnic origin, and others.
Section 2 of BC Human Rights Code states that discrimination in contravention of this Code does not require an intention to contravene this Code1.
Section 8 of BC Human Rights Code prohibits discrimination in accommodation, service, and facility.
If you have a question, you can ask or report to the following regulatory bodies/government:
BC Human Rights Tribunal by filling out the discrimination complaint online form. click
* Is it illegal for a physician/non-physician to use a laser with NO Health Canada approval?
Part 1, Section 26 of the Medical Devices Regulations states that “Subject to section 37, no person shall import or sell a Class II, III or IV medical device unless the manufacturer of the device holds a licence in respect of that device or, if the medical device has been subjected to a change described in section 34, an amended medical device licence.“
How to check if a laser is approved by Health Canada?
Health Canada provides the public with ‘Medical devices active licences search‘ online tool. click
The website of Health Canada states that “Medical Devices Active Licence Listing (MDALL) contains product-specific information on all medical devices that are currently licensed for sale in Canada, or have been licensed in the past.
Health Canada advises that medical devices that are not licensed for sale in Canada must not be imported or purchased by health care facilities or consumers.”
The following are NOT found in the Health Canada’s Medical Devices Active Licence Listing:
(1) Shurink, Ultraformer (Device name/Licence name), Classys Inc. (Company name)
(2)
If you have a question, you can ask or report to the following regulatory bodies/government:
Government of Canada by filling out Illegal marketing of drugs and devices reporting form. click
or College of Naturopathic Physicians of BC etc. click
* Is it illegal for a physician/non-physician to bring a Health Canada approved laser from Korea to Canada NOT through an official distributor of the laser in Canada?
(i.e. putting a laser made in Korea together with furnitures, clothes or electronics etc. to bring the laser to Canada through a logistics company)
Section 20 of the Food and Drugs Act states that “(1) (Deception, etc., regarding devices) no person shall label, package, treat, process, sell or advertise any device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, quantity, character, value, composition, merit or safety; (2) (Devices labelled or packaged in contravention of regulations)A device that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1)”.
You can call or email the official distributor of the laser in Canada with the serial number of the laser to ask if the laser was imported legally by the official distributor. You can find the serial number on the back of the laser machine and official distributor in Canada of the laser on the laser manufacturer’s website.
* Is it illegal to post ‘Before & After photos’ about laser results on social media such as Instagram or the clinic website with written consents?
You can use FotoPhorensics online tool to check if a photo is altered or edited with photo editing software like Photoshop etc.
You can watch some videos (video 1 & video 2) on fake photos.
If you have a question, you can ask or report suspected deceptive marketing practices to
Competition Bureau Canada. click
* Is it illegal for a Naturopathic Doctor(ND)/a Medical Doctor(MD) to inject cosmetics/unauthorized drug/non-medical substance?
The official website of Health Canada states that “all cosmetics sold in Canada must be notified to Health Canada. Section 2 of the Food and Drugs Act defines a “cosmetic” as:
“Any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes.”
In instances where the classification of a product is not clear, Health Canada will classify the product on a case by case basis, taking into account factors such as:
1. Representation: The product is represented for sale to serve a cosmetic function such as cleansing, moisturizing, lubricating, perfuming or altering the hair, skin or teeth of humans.
2. Composition of the product: Although the composition of a product alone does not necessarily determine its classification, the presence of an ingredient, or its concentration, may make the product unsuitable for classification as a cosmetic.
3. Level of action: Cosmetics are normally applied to an external part of the body and not absorbed below the skin to achieve their cosmetic effect.
In addition:
- Cosmetics can be applied to the skin around the eyes but products applied directly into the eyes are not cosmetics.
- With the sole exception of tattoo ink, products that are administered through ingestion, inhalation or INJECTION (such as, intramuscular, subcutaneous or intravenous) are NOT classified as COSMETICS.”
Section 264.1 (1) (Assaults) of the Criminal Code of Canada states that “every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat to cause death or bodily harm to any person”.
Section 1 (b) (Standard of care) of the Code of Conduct of the College of Naturopathic Physicians of BC states that “the breach of any of the following shall be deemed to be misconduct unbecoming a member of the College. Professional misconduct includes, but is not limited to: failure to maintain the standard of practice of the profession”
Section 10 (g) (a) (Professional Responsibilities) of the Code of Conduct of the College of Naturopathic Physicians of BC also states that “the breach of any of the following shall be deemed to be misconduct unbecoming a member of the College. Professional misconduct includes, but is not limited to: a willful or grossly negligent failure to comply with substantial provisions of federal, provincial, territorial, or municipal laws, rules or regulations if, (a) the purpose of the law, by-law or rule is to protect public health”
* Is it illegal for a Naturopathic Doctor(ND) to make an employee health benefits claim by substituting an 'ACTUAL' cosmetic service (laser, facials etc.) that is NOT covered for a service that is?
Section 9 (c) of the Code of Conduct of Naturopathic Physicians of BC states that “the breach of any of the following shall be deemed to be misconduct unbecoming a member of the College. Professional misconduct includes, but is not limited to:
in the member’s professional capacity, willfully falsifying, signing or issuing a document or record that the member knows or ought to know is false or misleading;”
Section 1 (a)-(h) of the Standards of practice of the College of Naturopathic Physicians of BC states that “a registrant must
a. keep records in English,
b. keep all patient records in “SOAP” format (an acronym for subjective, objective, assessment, and plan),
c. keep a clinical record for each patient containing a clear record of
i. the patient’s name, gender, personal health number, date of birth, address, dates of attendance, dates of interactions (e.g., telephone conversations or emails) with the registrant, family contact information, emergency contact information, family doctor (name, address, and phone number), past medical history, family health history, health risk factors, allergies/drug reactions, ongoing health conditions, long-term treatment, and date of last update of the clinical record,
ii. if the patient is accompanied by one or more individuals involved in the patient’s decision making, then the names of, relation to the patient of, and other relevant information about those individuals,
iii. sufficient information to clearly explain why the patient came to see the registrant, what the registrant learned from both the medical history and the physical examination, and any other professional’s diagnosis (including records and test results),
iv. the registrant’s assessments and observations,
v. what investigations the registrant ordered,
vi. any tests or reports,
vii. either the differential diagnosis or diagnosis made,
viii. the specifics of any treatment plan, recommendation, medication (including name, strength, dosage form, quantity, and directions for use), follow-up plan, and contraindications,
ix. consultations requested,
x. the patient’s consent to treatment,
xi. the charge made for the service rendered,
xii. the patient’s reaction to treatment,
xiii. any other health care practitioners who were with the registrant when the registrant saw the patient,
xiv. referrals or transfers of care,
xv. who entered the information in the record, and
xvi. the signature of the registrant (may be electronic),
d. during, immediately following, or as soon as possible after, a patient’s visit, enter the information from the visit into the patient’s record,
e. for each day, keep a day book, daily diary, appointment sheets, or equivalent containing the names of patients seen or treated, or in respect of whom professional services are rendered, including the date and type of the service rendered,
f. clearly document and maintain as part of the medical record all verbal and written communication (including but not limited to in-person, telephone, video chat, text message, email message, letter, and fax) related to clinical care,
g. ensure that every part (e.g. each page or every electronic file) of a health care record has a reference identifying the patient or the patient’s health record, and
h. keep all records either
i. typed or legibly written in ink and filed in suitable systematic permanent form such as books, binders, files, cards, or folders, or
ii. in electronic form, compliant with the policies and guidelines of the College with respect to the creation, maintenance, security, disposition, and recovery of electronic medical records.”
If you have a question, you can ask or report to the following regulatory bodies/government:
or Manulife Fraud Prevention Centre click
or Blue Cross Benefits Fraud. click
* Is it illegal for businesses to offer tax exemption in exchange for cash payments?
Section 221 (1) (Collection of tax) of the Excise Tax Act states that “every person who makes a taxable supply shall, as agent of Her Majesty in right of Canada, collect the tax under Division II payable by the recipient in respect of the supply”.
If you have a question, you can ask or report to
Canada Revenue Agency (CRA) using ‘Reporting suspected tax cheating’ online tool. click
* Is it illegal for a doctor from Korea (International Medical Graduate) to use the term "specialist"?
Section 7-4 (3)(4) (Promotional activities) of the Bylaws of the College of Physicians and Surgeons of BC states that “
(3) A registrant must not refer to themselves as a specialist or subspecialist unless the registrant has been
(a) certified by the RCPSC in a specialty or subspecialty, or equivalent as approved by the board, or
(b) certified by the CFPC in family medicine or emergency medicine or an added competence in family medicine, or equivalent as approved by the board.
(4) A registrant may refer to having a focused area or practice but when doing so must
(a) state their RCPSC specialty or subspecialty certification, or equivalent as approved by the board, or
(b) state their CFPC certification or subspecialty certification, or equivalent as approved by the board.”
If you have a question, you can ask or report an unlicensed practitioner to
Investigations Department, College of Physicians and Surgeons of BC. click
* To be continued