June 22, 1998
TO:Emergency and Protective Services Committee
FROM:Carol Ruddell-Foster, General Manager
Toronto Licensing Commission
SUBJECT:Holistic Practitioner Licensing Category
Recommendations:
It is recommended that:
- A category be created for "holistic services" that includes modalities used for therapeutic and wellness purposes that
involve touching or massaging, but does not include therapies where touching is incidental;
- Subject to legal opinion, By-law 20-85 be amended to establish new licensing categories for "holistic centre" owners,
and individuals administering therapy referred to as "holistic practitioners" as follows:
Grant licences to currently active holistic practitioners during a sixty (60) day grand parenting period. Applicants will
have sixty (60) days from the date of the passing of the By-law amendments to submit reasonable proof of business
activity; and,
Require that any practitioners wishing to obtain a municipal licence after the end of the sixty-day period, show proof of
training in one or more modality;
Establish regulations requiring that licensees:
- file proof of training;
- be 18 years or older;
- remain fully clothed;
- provide services only to clients who are clothed or appropriately draped;
- not be under the influence of drugs or alcohol; and,
- display a licence (with photo identification) while providing service.
Establish regulations requiring that owners:
- carry insurance;
- file corporate documents;
- record business and client transactions;
- meet standards for health and sanitation;
- post the licence at work locations;
- cite a licence number on all advertising;
- close centres to all new clients between 10:00 p.m. and 7:00 a.m.;
- hire only licensed practitioners; and,
- keep a record of employees.
- The licence fee and expiry date as set out in this report be approved;
- A permanent advisory committee be established and that reporting relationships, representation and the role of the
committee be referred to staff and the advisory committee for further development; and,
- The appropriate City of Toronto Officials be authorized and directed to take the necessary action to give effect
thereto.
Purpose:
This report reviews the proposal from the Advisory Committee on Complementary Therapies for a new "Holistic
Practitioner" licensing category. This report states that the basis of the Advisory Committee's proposal is acceptable,
discusses recommended revisions to the Committee's proposal, and outlines the proposed requirements for a new
licensing category.
Funding Sources, Financial Implications and Impact Statement:
The creation of a new licensing category will have no impact on the net budget of Toronto Licensing. The funding for a
new licensing category will come from licensing fees that will be set at a cost recovery level. However, the new category
will have resource implications. Additional staff time will be required to issue new licences and to enforce the By-law
for this category.
Council Background/Reference/History
The Metro Licensing Commission at its business meeting of August 15, 1997, adopted the following motion:
that the Commission strike an advisory committee meeting composed of representatives of the complementary therapy
disciplines to work with staff to attempt to find a method of controlling body rub parlours without impacting on the
complementary therapy disciplines, that the material currently before the Commission be used as background material
for discussion.
This Advisory Committee produced a proposal, "Draft Report on By-law proposals for a new Holistic Practitioner
licensing category" which is the subject of this report (attached).
Comments and/or Discussions and/or Justifications
Summary of the Proposal from the Advisory Committee
The Advisory Committee on Complementary Therapy has proposed the licensing of "holistic practitioners" and the
owners of the locations where they work. In the proposal, regulations for the business practices of these practitioners are
put forward. Among the recommendations are:
the creation of a licence category of "holistic practices" and "holistic services" that includes any modality or healing art
used for therapeutic and wellness purposes;
- provisions for facilitating home-based businesses;
- a licence which allows Practitioners to operate in several locations;
- a formal business contract between Holistic Practitioners and the City of Toronto;
- no restrictions on the number of licenses issued;
- a request that Toronto Licensing advertise the new licensing requirements;
- a proposal for a one-year phase-in for licensing requirements;
- proposals for regulations;
- acceptable fees;
- guidelines for sanctions; and,
- a request for a permanent advisory committee.
General Evaluation of the Advisory Committee's Proposal
Public Safety and Sound Business Practices
Under the committee's proposal, Toronto Licensing's objectives of ensuring public safety and promoting sound business
practices are met. The licensing of practitioners provides a registry of licensees. The proposed regulations ensure that
good record keeping practices are established. The requirements for insurance, restricted business hours and the
requirement to meet the standards of subsection 11 of the General Provisions of the By-law would regulate the activities
of holistic practitioners and provide consumer protection. The consumer would judge the training and service provided
by the practitioner.
Body Rub Parlour Regulations
The committee was instructed by the Metropolitan Licensing Commission to "attempt to find a method of controlling
body rub without impacting on the complementary therapy disciplines". To this end, the advisory committee has
proposed that the current body rub regulations remain intact and has developed regulations specifically tailored to
holistic services. In addition, the advisory committee was asked to use earlier reports as background material for
discussion. As a result, the committee's proposal reflects options considered and evaluated in these reports.
As discussed in earlier reports no one option addressed all the concerns surrounding the regulation of body-rub parlours
and other massage-related services. The current body-rub parlour regulations are in place to restrict the operations and
numbers of body rub parlours. The committee's proposal for holistic services is less restrictive, and the fees are lower,
than for a body-rub parlour. Obtaining the proposed holistic practitioner's licence relies on the applicant presenting proof
of training. Currently, there are no standard curriculum and there are many modalities and schools offering courses in
holistic services. Therefore, there is concern that the licensed, and unlicensed, body-rub parlours will apply under the
new holistic category, so as to avoid the restrictions and higher licence fees of body rub parlours.
Under the proposed regulations, Toronto Licensing may find that initially it will need to rely on the expertise and
honesty of applicants to correctly distinguish themselves from body rub parlour operators until an inventory of
modalities, schools and courses is developed. An inventory will allow staff to be more discriminating in identifying
authentic proof of training and improve their ability to distinguish holistic and body rub services. However the
development of a workable and comprehensive inventory may prove challenging, and extensive consultaiton with the
industry is required.
It is proposed that the recommended permanent advisory committee make one of its first tasks, to work with staff to
develop and validate this inventory.
Toronto Licensing staff recommend an initial sixty-day grand parenting period, during which time applicants may
submit reasonable proof of carrying on a business providing holistic services, such as a lease or printed advertising.
Toronto Licensing will rely on business records to distinguish holistic services business from body rub parlours. During
this sixty day period Toronto Licensing staff and the committee will work on the inventory of modalities, schools and
courses. After the sixty day period, holistic practitioners, who wish to obtain a licence but have not submitted business
records, will be required to submit proof of completion of training.
Licence Category Definition
In the original reports on this issue, direction was given to address the concerns of "shiatsu organizations and others in
the massage therapy business". Under the committee's proposal any "holistic service" provider would require a licence.
The committee's proposal by extending regulation to modalities that may include only incidental touching has two
effects. Firstly, by not making a distinction between massaging and non-massaging services it addresses the difficultly of
determining the modalities which could be confused with body rub as it is defined in the Municipal Act i.e., the
kneading, manipulating, rubbing, massaging, touching or stimulating, by any means, of a person's body or part thereof.
Secondly, it leaves Toronto Licensing in the unusual situation of being asked to regulate an activity it did not set out to
include.
Staff recommends that the new category definition be restricted to modalities used for therapeutic and wellness purposes
involving touching or massaging to conform with the original directions of the Human Services Committee.
Proposed Regulations
A number of proposed regulations need addressing. These are:
- provisions for facilitating home-based businesses;
- a formal business contract between holistic practitioners and the City of Toronto;
- a request that Toronto Licensing advertise the new licensing requirements;
- proposals for regulations;
- acceptable fees; and,
- guidelines for sanctions.
- Provisions for facilitating home-based businesses
Many holistic services are provided out of the homes of the practitioners. An opinion from the Zoning Department is
requested on the ability of current regulations to accommodate home-based businesses.
- A formal business contract between holistic practitioners and the City of Toronto
Toronto Licensing regulates under the provisions of the Municipal Act and By-law 20-85 through the grant of a licence.
As a result Toronto Licensing is unable to accept the committee's proposal for a written contract be signed between the
City and the licensee.
- A request that Toronto Licensing advertise the new licensing requirements
Toronto Licensing is able to provide applicants with copies of the regulations and staff will be able to explain
requirements. Staff recommends placing an advertisement in local papers advertising the new licensing requirements and
the availability of regulations.
- Proposals for Regulations
a.proof of qualifications
Toronto Licensing recommends that practitioners present originals as proof of training. Once the record has been
entered, the original will be returned to the applicant.
b.owner/practitioner licence
The committee recommends that there be two types licences: one for an owner and one for a practitioner. Any owner
who is a practitioner would require both licences. According to the committee, it is unlikely that there will be any
owners who are not practitioners. Staff recommends two types of licences: owners and practitioners. Owners may be
designated, "to practice" or "not to practice".
c.informed consent
The committee recommends requiring informed consent from clients. As Toronto Licensing is proposing business, not
health, regulations it would appear that this recommendation is not applicable.
d.no contact with the genitals
An opinion from Legal on the ability of a municipality to impose these restrictions is requested.
e.access to client records
Toronto Licensing recommends adding a requirement that enforcement staff are allowed access to a client record for the
purposes of investigating a complaint or By-law violations only
.
f.practitioner carrying licence
Toronto Licensing recommends adding a requirement that the licence include photo identification.
g.record of employees
Toronto Licensing recommends that a requirement be added for owners to maintain a record of employees for
presentation to Enforcement Officers. This would facilitate complaint investigations and create accountability on the part
of owners for practitioners working at their locations.
- Acceptable Fees
The established budgeting process does not allow Toronto Licensing to accept the fees suggested by the Advisory
Committee. Toronto Licensing operates on a cost recovery basis. Fees are set based on a projection of the resources used
in the past three years to regulate a category of licence. Since no data currently exists on holistic services, it is
recommended that until data is collected (approximately one year) and a projection of more accurate costs can be made,
fees be set at the level of a similar category of business, in this case massagists, with an additional amount of $100.00
added to the cost of the fee to absorb startup costs. This fee reflects the significant anticipated start up costs for
regulating this category of licences. A licence expiry date of September 30 is recommended.
The current fees for Massagist are as follows:
MassagistInitial $135Renewal $40
Massage ParlourInitial $135Renewal $40
Proposed fees for Holistic Therapy are as follow:
Holistic Therapy Centre:
OwnerInitial $235Renewal $140
Holistic Therapy PractitionerInitial $235Renewal $140
- Guidelines for Sanctions
Sanctions applied to licensees are governed by the Municipal Act and the general provisions of the Licensing By-law.
Standardized sanctions fetter the prosecutorial process, as a result the recommendations of the committee for various
sanctions cannot be accepted.
Conclusions
The implementation of this licensing scheme will require ongoing consultation with the industry, as represented through
the advisory committee, and the monitoring of any developments in Provincial regulations. It is recommended that any
By-law amendments be reevaluated periodically to ensure that the regulations reflect any changes in the industry.
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