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Naturopathy Act, 2007

ONTARIO REGULATION 17/14

PROFESSIONAL MISCONDUCT

Consolidation Period:  From March 2, 2017 to the e-Laws currency date.

Last amendment: O. Reg. 416/16.

This is the English version of a bilingual regulation.

Acts of misconduct

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

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

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

3. Doing anything to a patient for a therapeutic, preventative, palliative, diagnostic or other health-related purpose except,

i. with the informed consent of the patient or the patient’s authorized representative, or

ii. as required or authorized by law.

4. Failing to reveal the exact nature of a substance or treatment used by the member following a request by a patient or a patient’s authorized representative to do so.

5. Giving information about a patient to a person other than the patient or the patient’s authorized representative except with the consent of the patient or the authorized representative or as required or authorized by law.

6. Discontinuing professional services that are needed 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 availability of alternate services, and

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

7. Recommending or providing treatment that the member knows or ought to know is unnecessary or ineffective.

8. 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.

9. 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, when 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 beyond his or her scope of practice.

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

11. Performing a controlled act that was delegated to the member by another person unless the member has the knowledge, skill and judgment to perform the controlled act.

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

13. Permitting, counselling or assisting a person,

i. who is not a member to represent himself or herself as such, or

ii. to perform controlled acts which the person is not authorized or does not have the knowledge, skill and judgment to perform.

14. Prescribing, dispensing, compounding or selling a drug or a substance for an improper purpose.

15. Administering a substance by injection or inhalation to a patient for an improper purpose.

16. Failing to advise a person, when requested, of his or her right to file a complaint with the College, or failing to provide contact information for the College, when requested. 

17. Acting in a conflict of interest when acting in a professional capacity.

18. Issuing an invoice, bill or receipt that the member knows or ought to know is false or misleading.

19. Charging a fee that is excessive in relation to the services or products provided.

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

21. Failing to provide an account or failing to itemize the account in a way that sets out each item charged, including, but not limited to, professional fees, products, services and applicable taxes.

22. Breaching, without reasonable cause, an agreement with a patient or a patient’s authorized representative relating to professional products or services for the patient or fees for such products or services.

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

24. Signing or issuing, in his or her professional capacity, a document that the member knows or ought to know contains a false or misleading statement.

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

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

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

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

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

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

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

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

33. Failing, without reasonable cause, to provide a report or certificate relating to a naturopathic diagnosis made by the member or to a treatment performed by the member, within a reasonable time, to a patient or the patient’s authorized representative after the patient or authorized representative has requested such a report or certificate.

34. 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.

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

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

36.1 Without restricting the generality of paragraph 36, failing, by act or omission, to comply with any duty or requirement under Part IV (Inspection of Premises Where Certain Procedures are Performed) of Ontario Regulation 168/15 (General) made under the Act.

37. Contravening, by act or omission, a law if,

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

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

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

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

40. Directly or indirectly benefiting from the practice of the profession 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.

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

42. Failing to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned.

43. Failing to carry out or abide by an undertaking given to the College or breaching an agreement with the College.

44. Failing to reply appropriately and within 30 days to a written inquiry or request from the College.

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

46. 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.

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

48. Failing to make reasonable attempts to collaborate with the patient’s other relevant health care providers respecting the care of the patient, where such collaboration is necessary for the patient’s health, unless the patient refuses to consent. O. Reg. 17/14, s. 1; O. Reg. 416/16, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 17/14, s. 2.

 

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