O. Reg. 749/93: PROFESSIONAL MISCONDUCT

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Audiology and Speech-Language Pathology Act, 1991

ONTARIO REGULATION 749/93

PROFESSIONAL MISCONDUCT

Consolidation Period: From June 5, 2024 to the e-Laws currency date.

Last amendment: 226/24.

Legislative History: 165/15, 226/24.

This is the English version of a bilingual regulation.

1. The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code:

The Practice of the Profession and the Care of, and the Relationship with, Patients or Clients

Note: On July 1, 2024, the heading before paragraph 1 of section 1 of the Regulation is amended by striking out “or clients” at the end. (See: O. Reg. 226/24, s. 1 (1))

1. Contravening a term, condition or limitation imposed on the member’s certificate of registration.

2. Failing to maintain a standard of practice of the profession.

3. Delivering to a patient or client any service for which consent is required by law, without such consent.  These services may include therapeutic, preventative, palliative, assessment, treatment or other related services.

Note: On July 1, 2024, paragraph 3 of section 1 of the Regulation is amended by striking out “or client”. (See: O. Reg. 226/24, s. 1 (2))

4. Delegating a controlled act in contravention of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 226/24, s. 1 (3))

4.1 Failing to appropriately supervise a person whom the member is professionally obligated to supervise.

4.2 Permitting, counselling or assisting a person who is not a member to represent themselves as a member.

4.3 Permitting, counselling or assisting a person who is not a member to perform a controlled act if the person is not authorized to perform the controlled act.

5. Abusing a patient or client verbally, emotionally, psychologically or physically.

Note: On July 1, 2024, paragraph 5 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (4))

5. Abusing a patient or their authorized representative verbally, emotionally, psychologically or physically.

6. Practising the profession while the member’s ability to do so is impaired by any substance.

Note: On July 1, 2024, paragraph 6 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (4))

6. Practising the profession while the member’s ability to do so is impaired by a condition which the member knew or ought to have known would impair the member’s ability to practise.

7. Prescribing, dispensing or selling equipment or materials for an improper purpose.

8. Discontinuing professional services that are needed unless,

i. the patient or client requests the discontinuation,

ii. alternative services are arranged, or reasonable attempts have been made to arrange alternative services,

iii. the patient or client is given a reasonable opportunity to arrange alternative services,

iv. restrictions in length or type of service are imposed by an agency,

v. the patient or client is unwilling or unable to pay and reasonable attempts have been made to arrange alternative services,

vi. discharge criteria are imposed by the employing agency, or

vii. the member reasonably believes that he or she may be physically or sexually abused by the patient or client and reasonable attempts have been made to arrange alternative services.

Note: On July 1, 2024, paragraph 8 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (5))

8. Discontinuing professional services that are needed unless the discontinuation would reasonably be regarded by members as appropriate having regard to,

i. the member’s reasons for discontinuing the services,

ii. the condition of the patient,

iii. the availability of alternate services, and

iv. the opportunity given to the patient to arrange alternate services before the discontinuation.

9. Discontinuing professional services contrary to the terms of an agreement between the member and a hospital within the meaning of the Public Hospitals Act or another agency with which a contract for services has been made.

10. Failing to refer a patient or client to more appropriate service when the member is unable to provide adequate service or failing to refer a patient or client who requires additional services in other professional areas.

Note: On July 1, 2024, paragraph 10 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (6))

10. Failing to advise a patient or their authorized representative to consult another member of a health profession regulated under the Regulated Health Professions Act, 1991 when the member knows or ought to know that the patient has a condition, or requires a service, that is outside of the scope of the member’s knowledge, skills or judgment.

11. Practising the profession while the member is in a conflict of interest.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 226/24, s. 1 (7))

11.1 Recommending or providing a service or treatment to a patient that the member knows or ought to know is or will be ineffective, unnecessary, deleterious or inappropriate to meet the needs of the patient.

12. Giving information about a patient or client to a person other than the patient or client or his or her authorized representative except with the informed consent of the patient or client or his or her authorized representative or as required or allowed by law.

Note: On July 1, 2024, paragraph 12 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (8))

12. Giving information about a patient to a person other than the patient or their authorized representative except with the informed consent of the patient or their authorized representative or as required or allowed by law.

13. Breaching an agreement with a patient or client relating to professional services for the patient or client or fees for such services.

Note: On July 1, 2024, paragraph 13 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (8))

13. Breaching an agreement with a patient or their authorized representative relating to professional services for the patient or relating to fees for such services.

14. Failing to reveal the exact nature of a treatment used by the member following a patient’s or client’s request to do so.  Disclosure is not required in the context of research approved by the ethics committee of an Ontario university or research institute.

Note: On July 1, 2024, paragraph 14 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (8))

14. Failing to reveal the exact nature of a treatment used by the member following a request to do so by a patient or their authorized representative.

15. Failing to co-operate with the College during the course of the complaints process.  The complaints process includes, but is not limited to, the receipt and assessment of the complaint, the investigation of the complaint and any disciplinary procedures addressing the complaint.

Note: On July 1, 2024, paragraph 15 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (8))

15. Failing to provide the College’s contact information to a patient or their authorized representative on request.

16. Inappropriately using a term, title or designation in respect of the member’s practice.

17. Inappropriately using a term, title or designation indicating a specialization in the profession.

18. Using a name other than the member’s name, as set out in the register, in the course of providing or offering to provide services within the scope of practice of the profession.

Record Keeping and Reports

19. Failing to keep records as required in accordance with Part II of Ontario Regulation 21/12 (General) made under the Act.

20. Falsifying a record relating to the member’s practice.

21. Failing, without reasonable cause, to provide a report or certificate relating to an examination or treatment performed by the member, to the patient or client or his or her authorized representative after a patient or client or his or her authorized representative has requested such a report or certificate.

Note: On July 1, 2024, paragraph 21 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (9))

21. Failing, without reasonable cause, to provide a report or certificate relating to an examination or treatment performed by the member, to the patient or their authorized representative after a patient or their authorized representative has requested such a report or certificate.

22. Signing or issuing, in the member’s professional capacity, a document that the member knows contains a false or misleading statement.

Note: On July 1, 2024, paragraph 22 of section 1 of the Regulation is amended by adding “or ought to know” after “the member knows”. (See: O. Reg. 226/24, s. 1 (10))

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 226/24, s. 1 (11))

22.1 Contravening the Personal Health Information Protection Act, 2004 or the regulations made under that Act.

22.2 Failing to take reasonable steps to make arrangements with a patient or their authorized representative, when requested, to transfer the personal health information of the patient in the possession of the member to another member.

Business Practices

23. Submitting an account or charge for services that the member knows is false or misleading.

Note: On July 1, 2024, paragraph 23 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (12))

23. Submitting or permitting the submission of an account or charge for services if the member knows or ought to know that the account or charge for services is false or misleading.

24. Charging a fee that is excessive in relation to the services charged for.

25. Charging a fee that exceeds the fee for services set out in the schedule of fees published by the Ontario Association of Speech-Language Pathologists and Audiologists, without the prior informed consent of the patient or client.

Note: On July 1, 2024, paragraph 25 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (13))

25. Charging a fee or accepting payment from a patient or their authorized representative for a service, or for a portion of a service, if that service or portion of a service has been paid for or is payable by another party.

26. Charging a fee for an undertaking not to charge for a service or class of services.

Note: On July 1, 2024, paragraph 26 of section 1 of the Regulation is revoked. (See: O. Reg. 226/24, s. 1 (13))

27. Charging a fee for an undertaking to be available to provide services to the patient or client.

Note: On July 1, 2024, paragraph 27 of section 1 of the Regulation is revoked. (See: O. Reg. 226/24, s. 1 (13))

28. Offering or giving a reduction for prompt payment of an account.

Note: On July 1, 2024, paragraph 28 of section 1 of the Regulation is revoked. (See: O. Reg. 226/24, s. 1 (13))

29. Failing to itemize an account for professional services if requested to do so by the patient or client or the person or agency who is to pay, in whole or in part, for the services.

Note: On July 1, 2024, paragraph 29 of section 1 of the Regulation is amended by striking out “or client” and substituting “or their authorized representative”. (See: O. Reg. 226/24, s. 1 (14))

30. Selling or assigning any debt owed to the member for professional services.  This does not include the use of credit cards to pay for professional services.

Miscellaneous Matters

31. Contravening the Act, the Regulated Health Professions Act, 1991 or a regulation under either of them.

32. Contravening a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a hospital as defined within the Public Hospitals Act if the contravention is relevant to the member’s suitability to practise.

Note: On July 1, 2024, paragraph 32 of section 1 of the Regulation is amended by adding “or if the purpose of the law, by-law or rule is to protect public health” at the end. (See: O. Reg. 226/24, s. 1 (15))

33. Influencing a patient or client to change his or her will or other testamentary instrument.

Note: On July 1, 2024, paragraph 33 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (16))

33. Influencing a patient to change their will or other testamentary instrument.

34. Improperly advertising or permitting advertising with respect to the member’s practice.

35. Receiving any form of benefit from the practice of audiology or speech-language pathology while under suspension.

Note: On July 1, 2024, paragraph 35 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (17))

35. Practising audiology or speech-language pathology while the member’s certificate of registration is under suspension.

36. Employing or otherwise benefiting from a suspended member with respect to the practice of audiology or speech-language pathology.

Note: On July 1, 2024, paragraph 36 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 226/24, s. 1 (17))

36. Benefiting directly or indirectly from a suspended member who engages in the practice of audiology or speech-language pathology while that member is suspended.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 226/24, s. 1 (17))

36.1 Failing to comply with an order of a panel or committee of the College.

36.2 Failing to fulfil an undertaking agreed upon between the member and the College, the Registrar or any committee of the College, or breaching an agreement entered into with the College, the Registrar or any committee of the College.

36.3 Failing to reply in writing, when requested, to a written inquiry from the College within a reasonable time.

36.4 Failing to take reasonable steps to ensure that any information provided by or on behalf of the member to the College is accurate.

37. Engaging in conduct or performing an act, relevant to the practice of the profession, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  O. Reg. 749/93, s. 1; O. Reg. 165/15, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 749/93, s. 2.

 

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