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Denturism Act, 1991
ONTARIO REGULATION 854/93
PROFESSIONAL MISCONDUCT
Consolidation Period: From July 1, 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. Contravening, by act or omission, a term, condition or limitation on the member’s certificate of registration.
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 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. 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. Abusing a patient or a patient’s authorized representative verbally, physically, psychologically or emotionally.
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, 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. 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 their authorized representative except with the consent of the patient or their authorized representative or as required by law.
10. Making a misrepresentation to a patient including a misrepresentation respecting a remedy, treatment, device or procedure.
11. Making a claim respecting a treatment, device or procedure other than a claim that can be supported as reasonable professional opinion.
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. 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. 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. 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 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 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.
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 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. Revoked: 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 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 professional services performed or professional products provided.
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., 29. Revoked: 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. 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, 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 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 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 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 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. Revoked: 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. Revoked: 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.
48. Engaging in conduct that would reasonably be regarded by members as conduct unbecoming a member of the profession. O. Reg. 854/93, s. 1; O. Reg. 405/94, s. 1; O. Reg. 602/98, s. 1; O. Reg. 325/07, s. 1; O. Reg. 227/24, s. 1.
2. Revoked: O. Reg. 227/24, s. 2.
3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 854/93, s. 3.