Patient records are at the heart of every naturopathic practice. They represent not only important clinical information but also a key element of your practice’s goodwill and reputation.
Whether practicing independently or through a corporation, naturopaths, also known as naturopathic doctors (NDs), must comply with the laws and regulations for structuring professional corporations, managing patient records, and transferring patient records, such as when a practice is sold.
Naturopaths in Ontario are regulated by the College of Naturopaths of Ontario (CNO) under the Naturopathy Act, 2007 (NA) and the Regulated Health Professions Act (RHPA). A breach of the CNO’s standards or regulations can result in discipline before the Discipline Committee of the College of Naturopaths of Ontario (DCCNO).
This article outlines what every naturopath in Ontario should know about corporate structuring, record ownership, and record transfer, as well as a naturopath’s obligations when they leave, sell, or close a practice.
1. Professional Incorporation
Naturopathic Professional Corporations
Naturopaths in Ontario can choose to operate through a health professional corporation (HPC), as a regulated health profession under the RHPA. The CNO sometimes refers to HPCs practicing naturopathy as naturopathic professional corporations. This structure allows you to separate personal and business assets while maintaining professional accountability.
To practise naturopathy through an HPC, you must apply for a Certificate of Authorization from the CNO. The application requires submitting incorporation documents, proof of registration, and supporting materials. The CNO aims to process applications within approximately 30 days.
The articles of incorporation must state that the corporation’s purpose is limited to the practice of naturopathy and related or ancillary activities.
Renewals and Updates
Certificates of Authorization are valid for one year. The corporation must apply for renewal at least 30 days before expiry.
Naturopaths must also notify the CNO within 30 days of any change to:
- The corporation’s legal or business name;
- The shareholders or directors;
- The principal or satellite clinic address of the practice; or
- The nature of the professional activities carried out by the HPC.
Shareholders and Directors
All issued and outstanding shares of the HPC, both voting and non-voting, must be owned directly or indirectly by registered naturopaths. A holding company may be a shareholder only if all shareholders of that holding company are registered naturopaths.
Similarly, every director and officer of the corporation must also be a registered naturopath and a shareholder.
This ensures that control of professional decisions remains with regulated health professionals who are subject to the same ethical and regulatory standards.
Management Companies
Corporations that provide management or administrative services—such as billing, marketing, or staffing—cannot practise naturopathy. They may assist operationally, but do not hold Certificates of Authorization. The naturopathic professional corporation remains responsible for all clinical and patient-related decisions.
2. Notices and Communication Requirements
Notice to the CNO
Naturopaths are required to notify the CNO of any change in practice location within 14 days, ensuring the College’s public register remains current.
For those who perform Intravenous Infusion Therapy (IVIT), any change in practice location or clinic designation must also be reported using the CNO’s Change of Designated Registrant or IVIT Premises form.
Notice to Patients
When a naturopath relocates, retires, sells, or closes a practice, written notice must be provided to all active patients. The CNO expects this notice to:
- Be sent to patients for whom current contact information exists;
- Identify the new practice location or alternative practitioners; and
- Explain how patients may access or transfer their records.
Although no minimum notice period is specified, naturopaths are expected to give reasonable advance notice, allowing patients sufficient time to arrange ongoing care.
If a naturopath is no longer available to continue treatment, the notice should include the names of other naturopaths in the area or reputable sources that help patients locate another practitioner.
3. Record-Keeping Responsibilities
Naturopaths must maintain patient records in accordance with the CNO’s Record-Keeping Standard of Practice. Incomplete or substandard record-keeping can constitute professional misconduct.
Naturopaths are also required to identify the Health Information Custodian (HIC) for their practice. The HIC is legally responsible for the custody and control of patient records, as well as for developing written policies on the collection, use, and disclosure of personal health information.
Patients must be informed who the HIC is and how their patient records and personal health information will be managed.
4. Ownership and Transfer of Patient Records
Transfer During a Sale
When a naturopathic practice is sold, all original patient records typically transfer to the purchaser, who becomes the new HIC of those records. The new owner must then maintain the records in accordance with CNO and privacy standards.
Departing a Practice
When a naturopath leaves a clinic, ownership of the patient records depends on the written agreement in place, including an employment agreement, associate agreement, or health information custodian agreement.
If the agreement identifies the clinic or employer as the HIC, the naturopath may not remove or copy the records without authorization.
Agreements between naturopaths and clinic owners must never:
- Restrict a patient’s freedom to choose their naturopath;
- Prevent a patient from accessing their record; or
- Limit a patient’s ability to transfer their care to another practitioner.
If no agreement exists, the CNO expects both parties to act professionally to ensure records are properly retained and accessible.
Notification of Transfer
When records are sold or transferred, the naturopath must inform the CNO and provide the name of the new HIC. Patients should also receive written notice explaining where their records will be kept and how they can request a copy.
5. Record Retention and Storage
The CNO requires that:
- Patient records for adult patients be kept for at least 10 years after the last entry; and
- Patient records for patients under 18 be retained for 10 years after the patient reaches 18 years of age.
Patient records must be stored securely—whether on paper or in electronic form—and remain accessible to both the patient and the CNO upon request.
6. Checklist for Departing or Closing Practices
The CNO recommends that naturopaths who are closing, selling, or leaving a practice ensure the following:
- Patients are notified in writing of the change;
- Alternate naturopaths or referral options are provided;
- Record access procedures are explained to patients;
- The CNO profile is updated with the correct practice information; and
- Records custody and retention practices meet CNO and privacy law standards.
7. Practical Legal Considerations
Given the above regulatory and policy requirements, naturopaths should adhere to the following practices:
- Define ownership early. Clearly establish in writing who owns and who controls patient records.
- Include compliance in contracts. Employment, associate, and purchase agreements should reflect CNO standards and privacy obligations.
- Maintain communication. Naturopaths should keep both patients and the CNO informed about any changes affecting record custody or accessibility.
- Ensure data security. Patient Records must be stored in secure environments with access limited to authorized individuals.
- Seek legal guidance. Lawyers experienced in health and business law can help naturopaths draft compliant agreements and plan for practice transitions.
Naturopaths should carefully consider the rules and business considerations for incorporating their practice as a naturopathic professional corporation.
By maintaining clear documentation, defining custodial responsibilities, and communicating openly with patients and the CNO, naturopaths can protect patient privacy, uphold professional standards, and safeguard the goodwill of their practices. Proper record management—especially during practice transitions—ensures compliance, continuity of care, and long-term trust between naturopaths and their patients.
Thank you to Ephraim Barrera for his contribution to this article. The contents of this article are not to be construed as legal advice. Contact Emerge Law’s lawyers for legal assistance.