캐나다 한인들은 캐나다 문화와 법률 유산을 존중하며 캐나다 법을 준수함으로써 캐나다 경제와 정치에 기여하고 있다는 것을 자랑스럽게 생각합니다.
* 캐나다 의사/비의사가 Health Canada 승인 없는 레이저를 사용하는 것이 불법인가요?
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.“
Health Canada 승인 여부 확인 방법
Health Canada 공식 웹사이트의 ‘Medical devices active licences search‘ 에서 확인 가능합니다.
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.”
다음의 레이저등 장비들은 Health Canada 의료장비 승인 목록 (Health Canada’s Medical Devices Active Licence Listing)에 등록되어 있지 않습니다:
(1) 슈링크 (장비 이름)
(2)
질문이 있으실 경우, 다음의 관련 기관/협회에 문의나 신고하실 수 있습니다.
Government of Canada by filling out Illegal marketing of drugs and devices reporting form. click
or College of Naturopathic Physicians of BC etc. click
* 캐나다 의사/비의사가 Health Canada 승인된 레이저를 캐나다 공식 딜러를 통하지 않고, 가구, 의류, 전자제품등과 섞어서 국제택배등으로 한국에서 캐나다로 들여오는 것이 불법인가요?
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)”.
레이저 장비의 뒷면에 기재된 일련번호 (SN:Serial Number)를 확인후, 한국산 레이저의 캐나다 공식 딜러(Official Distributor)에게 전화 또는 이메일로 해당 레이저가 캐나다로 합법적으로 수입되었는지 여부를 문의하실 수 있습니다. 캐나다 공식 딜러 정보는 한국산 레이저 제조사 홈페이지에서 확인하실 수 있습니다.
* 레이저 시술 전후 사진을 환자/고객의 서면 동의를 받고 인스타그램이나 클리닉 홈페이지에 올린는 것이 불법인가요?
FotoPhorensics 이라는 온라인 툴을 이용해서 포토샵등에 의해 변형/조작된 사진인지 확인하실 수 있습니다.
가짜 사진 확인에 관한 짧은 동영상 (video 1 & video 2) 을 참고하실 수 있습니다.
질문이 있으실 경우, 다음의 정부 기관에 문의 또는 신고하실 수 있습니다.
Competition Bureau Canada. click
* Medical Doctor(MD)/Naturopathic Doctor(ND)가 화장품/비승인 약물/비의약품을 주사하는 행위가 불법인가요?
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”
or Royal Canadian Mounted Police (RCMP).
* Naturopathic Doctor(ND)가 회사보험 적용 불가한 미용목적 레이저 시술후, 회사보험 적용 가능한 다른 시술을 한 것처럼 서류를 작성하여 회사보험 클레임을 하는 행위가 불법인가요?
Section 17 (1) (Misrepresentation) of the Insurance Act of BC states that “a contract is not rendered void or voidable by reason of any misrepresentation, or any failure to disclose on the part of the insured in the application or proposal for the insurance or otherwise, unless the misrepresentation or failure to disclose is material to the contract”.
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.”
질문이 있으실 경우, 다음의 정부기관/해당협회/보험사에 문의 또는 신고하실 수 있습니다.
or Manulife Fraud Prevention Centre click
or Blue Cross Benefits Fraud. click
* "현금 결제해주시면 세금 빼드립니다" 이게 불법인가요?
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”.
질문이 있으실 경우, 다음의 정부기관에 문의 또는 신고하실 수 있습니다.
Canada Revenue Agency (CRA) using ‘Reporting suspected tax cheating’ online tool. click
* 캐나다 의사면허가 없는, 한국에서 온 의사가 자신과 관련하여 "specialist" 라는 용어를 사용하는 것이 불법인가요?
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.”
질문이 있으실 경우, unlicensed practitioner에 대해 다음의 해당 협회에 문의 또는 신고하실 수 있습니다.
Investigations Department, College of Physicians and Surgeons of BC. click
* 추가 항목들이 이어집니다.