O. Reg. 854/93: PROFESSIONAL MISCONDUCT

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Denturism Act, 1991

ONTARIO REGULATION 854/93

PROFESSIONAL MISCONDUCT

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

Last amendment: 227/24.

Legislative History: 405/94, 602/98, 325/07, 227/24.

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.  Failing to abide by any 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 revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

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

2.  Failing to maintain the standards of practice of the profession.

Note: On July 1, 2024, paragraph 2 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

2.  Contravening, by act or omission, a standard of practice of the profession or failing to maintain the standards of practice of the profession.

3.  Delegating a controlled act, except to a person who is acting under the supervision of a member and who is,

i.  a student attending a course of study leading to a diploma or degree in denturism at an institution recognized by the Registration Committee, or

ii.  a candidate who is eligible to participate in entry-to-practice examinations, and whose application for a certificate of registration has not been finally refused by the Registration Committee.

Note: On July 1, 2024, paragraph 3 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

3.  Delegating a controlled act to a delegatee, unless the member appropriately supervises the delegatee, the delegation is appropriate in all of the circumstances and the member takes reasonable measures to ensure that the delegatee has the knowledge, skills and judgment to perform the procedure.

4.  Abusing a patient verbally or physically.

Note: On July 1, 2024, paragraph 4 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

4.  Performing a controlled act that has been delegated to the member unless the member has the knowledge, skill and judgment to perform the delegated controlled act and has confirmed that the delegator is authorized to delegate the controlled act.

5.  Practising the profession while the member’s ability to do so is impaired by alcohol, drugs or any other substance.

Note: On July 1, 2024, paragraph 5 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

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

6.  Discontinuing denturist services to a patient without adequate reason unless,

i.  the member has entered into an agreement to provide denturist services and the period specified in the agreement has expired, or the member has given the patient five working days’ notice of the member’s intention to discontinue the services agreed upon,

ii.  the services are no longer required,

iii.  the patient requests the discontinuation,

iv.  the patient has had a reasonable opportunity to arrange for the services of another member, or

v.  alternative services are arranged.

Note: On July 1, 2024, paragraph 6 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

6.  Practising the profession while the member’s ability to do so is impaired or is adversely affected by any condition or dysfunction which the member knows or ought to know impairs or adversely affects their ability to practise.

7.  Failing to fulfil the terms of an agreement with a patient, except in accordance with paragraph 6.

Note: On July 1, 2024, paragraph 7 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

7.  Failing, without reasonable cause, to fulfil the terms of an agreement with a patient or a patient’s authorized representative relating to professional products or services for the patient or fees for the products or services.

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

Note: On July 1, 2024, paragraph 8 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (1))

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

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

ii.  the condition of the patient,

iii.  the opportunity given to the patient to arrange alternate services provided by another member before the discontinuation, and

iv.  the availability of alternate services.

8.1  Acting in a professional capacity while in a conflict of interest.

9.  Giving confidential 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 by law.

Note: On July 1, 2024, paragraph 9 of section 1 of the Regulation is amended by striking out “his or her” wherever it appears and substituting “their”. (See: O. Reg. 227/24, s. 1 (2))

10.  Making a misrepresentation to a patient including a misrepresentation respecting a remedy, treatment, device or procedure.

11.  Performing a controlled act that has been delegated to the member unless the delegation is authorized by the regulations.

Note: On July 1, 2024, paragraph 11 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (3))

11.  Making a claim respecting a treatment, device or procedure other than a claim that can be supported as reasonable professional opinion.

12.  Using or having in the member’s office premises dental instruments or equipment, other than instruments or equipment appropriate to the practice of denturism, unless,

i.  a dental surgeon practises dentistry in the same office premises, or

ii.  the member has obtained the consent of the Executive Committee.

Note: On July 1, 2024, paragraph 12 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (3))

12.  Performing a controlled act that the member is not authorized to perform.

13.  Using or having in the member’s office a drug as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act other than,

i.  drugs or anaesthetics prescribed for the personal use of the member, or

ii.  drugs in the exclusive custody of a dental surgeon practising dentistry in the same office premises.

14.  Failing to refer to a dental surgeon or a physician a patient who has an apparent intra oral condition that the member recognizes or ought to recognize is outside the scope of practice of denturism.

Note: On July 1, 2024, paragraph 14 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

14.  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.

15.  Permitting, assisting or counselling any person to perform a controlled act except in accordance with the Regulated Health Professions Act, 1991, an Act listed in Schedule 1 to that Act and the regulations under those Acts.

Note: On July 1, 2024, paragraph 15 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

15.  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, skill or judgment to offer or is outside the scope of practice of denturism.

16.  Practising denturism in a public place or in a vehicle or other movable contrivance without the approval of the Executive Committee.

Note: On July 1, 2024, paragraph 16 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

16.  Permitting, assisting or counselling any person to perform a controlled act if,

i.  the person is not authorized to perform the controlled act, or

ii.  the person does not have the knowledge, skill or judgment to perform the controlled act.

17.  Recommending or providing unnecessary denturist services.

Note: On July 1, 2024, paragraph 17 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

17.  Recommending or providing denturist services that the member knows or ought to know are unnecessary or ineffective.

Representations about Members and their Qualifications

18.  Using a term, title or designation other than one authorized by the Act or the regulations, or as provided in section 2.

Note: On July 1, 2024, paragraph 18 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

Representations about Members and their Qualifications

18.  Using a term, title or designation in respect of the member’s profession, including using a term, title or designation indicating or implying a specialization in the profession, in a manner that is not authorized by the Act or the regulations.

Record Keeping and Reports

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

Note: On July 1, 2024, paragraph 19 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (4))

19.  Practising the profession or offering to provide professional services using a name other than the member’s name as entered in the register.

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

Record Keeping and Reports

19.2  Failing to keep records in accordance with the standards of the profession.

20.  Falsifying a record of the examination or treatment of a patient or otherwise 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, within thirty days of a request from the patient or his or her authorized representative.

Note: On July 1, 2024, paragraph 21 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (5))

21.  Failing, without reasonable cause, to provide a report or certificate relating to an examination or treatment performed or recommended by the member within 30 days of a request from the patient or their authorized representative.

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

23.  Failing to make arrangements with a patient for the transfer of the patient’s records when,

i.  the member ceases practice, or

ii.  the patient requests the transfer.

Note: On July 1, 2024, paragraph 23 of section 1 of the Regulation is revoked. (See: O. Reg. 227/24, s. 1 (6))

Business Practices

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

25.  Failing to disclose all relevant fees before providing services when requested to do so by the patient.

Note: On July 1, 2024, paragraph 25 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (7))

25.  Failing to advise a patient or a patient’s authorized representative, before providing professional services, of the fee to be charged for the services or of any penalties that will be charged for late payment of the fee.

26.  Charging a fee that is excessive or unreasonable in relation to the services performed.

Note: On July 1, 2024, paragraph 26 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (7))

26.  Charging a fee that is excessive or unreasonable in relation to the professional services performed or professional products provided.

27.  Failing to itemize an account for professional services, using terminology understandable to a patient,

i.  if requested to do so by the patient or the person or agency who is to pay, in whole or in part, for the services, or

ii.  if the account includes a commercial laboratory fee.

Note: On July 1, 2024, paragraph 27 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (7))

27.  Failing to itemize, in terminology understandable to a patient or the patient’s authorized representative, an account for professional services in a format that sets out each item charged, including, but not limited to, professional fees, products, services and applicable taxes.

28.  Failing to issue a receipt when requested to do so.

Note: On July 1, 2024, paragraph 28 of section 1 of the Regulation is revoked. (See: O. Reg. 227/24, s. 1 (7))

29.  Selling or assigning any debt owed to the member for professional services, but a member may retain an agent to collect unpaid accounts and may accept payment for professional services by a credit card.

Note: On July 1, 2024, paragraph 29 of section 1 of the Regulation is revoked. (See: O. Reg. 227/24, s. 1 (7))

30.  Failing, while providing denturist services, to carry professional liability insurance in the minimum amount of $1,000,000 for each occurrence or failing, when requested by the College, to provide proof of carrying such insurance.

31.  Accepting an amount in full payment of a fee or account that is less than the amount submitted by or on behalf of the member to a third party payer unless the member has made reasonable efforts to collect the balance or has obtained the written consent of the third party payer.

32.  Contacting or communicating, directly or indirectly, with a person, either in person or by telephone, in an attempt to solicit patients.

Note: On July 1, 2024, paragraph 32 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (8))

32.  Permitting the advertising of the member or their practice in a manner that is false or misleading or that includes statements that are not factual and verifiable.

32.1  Using or permitting the use of a testimonial from a patient, former patient or other person in respect of the member’s practice.

32.2  Soliciting or permitting the solicitation of an individual in person, by telephone, electronic communications or other means unless,

i.  the person who is the subject of the solicitation is advised, at the earliest possible time during the solicitation, that,

A.  the purpose of the communication is to solicit use of the member’s professional services, and

B.  the person may elect to end the solicitation immediately or at any time during the solicitation if they wish to do so, and

ii.  the communication ends immediately if the person who is the subject of the solicitation so elects.

Miscellaneous

33.  Contravening by act or omission the Act, the Regulated Health Professions Act, 1991, or the regulations under either of those Acts.

34.  Contravening a federal, provincial or territorial law or a municipal by-law relevant to the member’s suitability to practise.

Note: On July 1, 2024, paragraph 34 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (9))

34.  Contravening, by act or omission, a federal, provincial or territorial law or a municipal by-law if,

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

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

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

Note: On July 1, 2024, paragraph 35 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (9))

35.  Influencing a patient or the patient’s authorized representative to change the patient’s will or other testamentary instrument.

35.1  Practising the profession while the member’s certificate of registration has been suspended.

36.  Directly or indirectly benefiting from the practice of denturism while the member’s certificate of registration is suspended unless full disclosure is made by the member to the College of the nature of the benefit to be obtained and prior approval is obtained from the Executive Committee.

37.  Participating in an arrangement that would result in a member or former member committing the act of misconduct described in paragraph 36.

38.  Failing to abide by a written undertaking given by the member to the College or failing to carry out an agreement entered into with the College.

Note: On July 1, 2024, paragraph 38 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (10))

38.  Failing to carry out or abide by an undertaking given by the member to the College or breaching an agreement entered into with the College.

39.  Failing to attend an oral caution of the Complaints Committee or an oral reprimand of the Discipline Committee.

Note: On July 1, 2024, paragraph 39 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (10))

39.  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 with the College, or failing to provide any of those persons with contact information for the College, when requested.

40.  Failing to co-operate with a representative of the College upon production of an appointment in accordance with section 76 of the Health Professions Procedural Code and to provide access to and copies of all records, documents and things that are relevant to the investigation.

Note: On July 1, 2024, paragraph 40 of section 1 of the Regulation is revoked and the following substituted: (See: O. Reg. 227/24, s. 1 (10))

40.  Failing to comply with an order of a panel of the College.

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

40.2  Failing to reply appropriately within 30 days to any written inquiry or request from the College.

40.3  Failing to promptly report to the College an incident of unsafe practice by another member if the member has reasonable and probable grounds to believe that such an incident has occurred.

41.  Failing to co-operate with a representative of another College upon production of an appointment in accordance with section 76 of the Health Professions Procedural Code and to provide access to and copies of all records, documents and things that are relevant to the investigation.

42.  Failing to permit entry at a reasonable time and to co-operate with an authorized representative of the College conducting an inspection and examination of the member’s office, records, equipment or practice.

Note: On July 1, 2024, paragraph 42 of section 1 of the Regulation is revoked. (See: O. Reg. 227/24, s. 1 (11))

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

44.  Failing to reply appropriately in writing within thirty days to any written communication from the College that requests a response.

Note: On July 1, 2024, paragraph 44 of section 1 of the Regulation is revoked. (See: O. Reg. 227/24, s. 1 (11))

45.  Failing to pay a fee or amount owed to the College, including an amount under section 53.1 of the Health Professions Procedural Code, after reasonable notice of the payment due has been given to the member.

46.  Where a member engages in the practice of denturism with another member, failing to prevent another member from committing an act of professional misconduct or incompetence unless the member did not know and, in the exercise of reasonable diligence, would not have known of the other member’s misconduct or incompetence.

47.  Engaging in conduct or performing an act, relevant to the practice of denturism, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unethical or unprofessional.  O. Reg. 854/93, s. 1; O. Reg. 405/94, s. 1; O. Reg. 602/98, s. 1; O. Reg. 325/07, s. 1.

Note: On July 1, 2024, section 1 of the Regulation is amended by adding the following paragraph: (See: O. Reg. 227/24, s. 1 (12))

48.  Engaging in conduct that would reasonably be regarded by members as conduct unbecoming a member of the profession.

2. (1) A member shall not use a name or title other than his or her name as set out in the register in the course of providing or offering to provide denturist services, unless the name or title,

(a)  reasonably refers to and describes the location of the practice;

(b)  has been approved by the Executive Committee; and

(c)  is accompanied by the name of the member, as set out in the register.  O. Reg. 854/93, s. 2 (1).

(2) When a member practises denturism in association or in partnership with one or more other members and uses a name or title approved under subsection (1), the member shall notify the College within thirty days of a change in the association or partnership.  O. Reg. 854/93, s. 2 (2).

Note: On July 1, 2024, section 2 of the Regulation is revoked. (See: O. Reg. 227/24, s. 2)

3. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 854/93, s. 3.

 

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