O. Reg. 828/93: PROFESSIONAL MISCONDUCT

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Opticianry Act, 1991

ONTARIO REGULATION 828/93

PROFESSIONAL MISCONDUCT

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

Last amendment: 230/24.

Legislative History: 216/94, 230/24.

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 Relationship with, Patients

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

Note: On July 1, 2024, paragraph 1 of section 1 of the Regulation is amended by striking out “Contravening” at the beginning and substituting “Contravening, by act or omission,”. (See: O. Reg. 230/24, s. 1 (1))

2. Contravening a standard of practice of the profession.

Note: On July 1, 2024, paragraph 2 of section 1 of the Regulation is amended by striking out “Contravening” at the beginning and substituting “Contravening, by act or omission,”. (See: O. Reg. 230/24, s. 1 (1))

3. Doing anything to a patient for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health-related purpose in a situation in which consent is required by law, without such a consent.

4. Delegating a controlled act unless the delegation is authorized by the regulations.

Note: On July 1, 2024, paragraph 4 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (2))

4. Delegating a controlled act contrary to the Regulated Health Professions Act, 1991 or the regulations under the Act.

5. Permitting, counselling or assisting anyone who is not registered under the Act to perform an act which should be performed by a member.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 230/24, s. 1 (3))

5.0.1 Permitting, counselling or assisting a person who is not a member to hold themselves out as a member of the profession.

5.1 Permitting, counselling or assisting a registered student optician or a registered intern optician to dispense subnormal vision devices, contact lenses or eye glasses, except under the supervision or direction of a registered optician who is physically present in the place where the dispensing takes place, at the time it takes place.

Note: On July 1, 2024, paragraph 5.1 of section 1 of the Regulation is amended by striking out “registered student optician” and substituting “student optician”. (See: O. Reg. 230/24, s. 1 (4))

6. Abusing a client verbally or physically.

Note: On July 1, 2024, paragraph 6 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (5))

6. Verbally, physically, psychologically or emotionally abusing any person with whom the member comes into contact in the course of practising the profession.

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

8. Discontinuing professional services contrary to the terms of an agreement between the member and a patient unless,

i. the patient requests the discontinuation,

ii. alternative services are arranged, or

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

Note: On July 1, 2024, paragraph 8 of section 1 of the Regulation is amended by striking out “or” at the end of subparagraph ii, by adding “or” at the end subparagraph iii and by adding the following subparagraph: (See: O. Reg. 230/24, s. 1 (6))

iv. the patient has failed to make payment within a reasonable time for services or products received, all reasonable attempts on the part of the member to facilitate such payment have been unsuccessful and the services or products that are needed are not of an emergency nature.

9. Practising opticianry while the member is in a conflict of interest.

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

11. Making false or derogatory statements about a member to any person.

12. Dispensing a contact lens to a patient, other than for diagnostic or emergency purposes, which the member knows, or ought to know, is not a new contact lens.

Note: On July 1, 2024, paragraph 12 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

12. Failing to advise a patient or the patient’s authorized representative to consult another member of a health profession within the meaning of the Regulated Health Professions Act, 1991, where the member knows or ought to know that the patient requires a service that the member does not have the knowledge, skills or judgment to offer or that is beyond their scope of practice.

13. Failing to refer a patient to a registered physician when the member recognizes, or ought to recognize, a condition of the eye or adnexa that appears to require medical examination.

Note: On July 1, 2024, paragraph 13 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

13. Failing to advise a patient, a patient’s authorized representative or a member of the public, when requested, of their right to file a complaint to the College.

14. Failing to advise a patient or a member of the public, when requested, as to the procedure for submitting a complaint to the College.

Note: On July 1, 2024, paragraph 14 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

14. Failing to provide a patient, a patient’s authorized representative or a member of the public, when requested, with the address and telephone number of the College.

15. Failing to supply in writing, when requested by a patient or a member of the public, the address and telephone number of the College.

Note: On July 1, 2024, paragraph 15 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

15. Failing to identify themselves by name and certificate or registration number when requested by a person with whom the member comes into contact in the course of practising the profession.

16. Failing to reply without sufficient reason to a registered letter from the College.

Note: On July 1, 2024, paragraph 16 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

16. Failing to respond appropriately within the time specified or within 30 days where no time is specified to a written communication from the College that asks for a response.

Representations about Members and their Qualifications

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

Note: On July 1, 2024, paragraph 17 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (7))

17. Identifying oneself to a patient or a patient’s authorized representative as a person who is qualified to practise as a member of a health profession other than opticianry, unless the member is lawfully entitled to do so in Ontario under the applicable legislation.

18. Using a term, title or designation indicating or representing that the member has a specialization in the practice of opticianry which the member does not hold.

19. 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 opticianry.

20. Failing to maintain records as required by the regulations.

Note: On July 1, 2024, paragraph 20 of section 1 of the Regulation is amended by adding “or standards of practice” at the end. (See: O. Reg. 230/24, s. 1 (8))

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

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

Note: On July 1, 2024, paragraph 22 of section 1 of the Regulation is amended by striking out “a report or certificate” and substituting “a report, certificate or copy of a record” and striking out “such a report or certificate” and substituting “such a report, certificate or copy of a record”. (See: O. Reg. 230/24, s. 1 (9))

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

Business Practices

24. Submitting an account or charge for services that the member knows or ought to know is false or misleading.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraphs: (See: O. Reg. 230/24, s. 1 (10))

24.1 Counselling or assisting in the submission of false or misleading accounts or charges to patients or in respect of their care.

24.2 Failing to advise a patient or the patient’s authorized representative of the amount to be charged for a service or product before providing, ordering or manufacturing it.

25. Failing to specify in an account the selling price of subnormal vision devices, eye glasses or contact lenses, if requested to do so by the patient, or by the person or agency who is to pay, in whole or in part, for them.

Note: On July 1, 2024, paragraph 25 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 230/24, s. 1 (11))

25. Failing to itemize an account if requested to do so by the patient or the person or agency who is to pay the account or some part of it.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph before the heading “Miscellaneous”: (See: O. Reg. 230/24, s. 1 (12))

25.1 Offering, conferring, requesting or receiving a benefit in relation to the referral of a patient.

Miscellaneous

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraphs after the heading “Miscellaneous”: (See: O. Reg. 230/24, s. 1 (13))

25.2 Improperly influencing, interfering with or attempting to improperly influence or interfere with another health care provider in order to prevent them from properly exercising their professional judgment.

25.3 Failing to attend an oral caution of the Inquiries, Complaints and Reports Committee or an oral reprimand of the Discipline Committee.

25.4 Failing to comply with an order or direction of a Committee or panel of a Committee of the College.

25.5 Failing to abide by a written undertaking given by the member to the College or by an agreement entered into by the member with the College.

26. Contravening any provision of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

27. Contravening a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a hospital within the meaning of the Public Hospitals Act if,

i. the purpose of the law, by-law or rule is to protect public health, or

ii. the contravention is relevant to the member’s suitability to practice.

28. Engaging in conduct or performing an act, in the course of practicing opticianry that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 230/24, s. 1 (13))

28.1 Engaging in conduct that would reasonably be regarded by members as conduct unbecoming an optician.

29. Advertising or permitting advertising with respect to the member’s practice in contravention of the regulations.  O. Reg. 828/93, s. 1; O. Reg. 216/94, s. 1.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 230/24, s. 1 (13))

30 Providing or attempting to provide services or treatment that the member knows or ought to know to be beyond the member’s knowledge, skill or judgment.

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 828/93, s. 2.

 

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