R.R.O. 1990, Reg. 265: GENERAL"

R.R.O. 1990, Reg. 265: GENERAL, Denture Therapists Act

Denture Therapists Act
Loi sur les denturologues

R.R.O. 1990, REGULATION 265

GENERAL

Note: This Regulation became spent some time before January 1, 2004.

Last amendment: O. Reg. 772/92.

This Regulation is made in English only.

1. (1) The requirements for the issuing of a licence to an applicant are,

(a) that the applicant submits to the Registrar a completed application for the licence in a form provided by the Registrar;

(b) that the applicant is a Canadian citizen or has permanent resident status or an employment authorization under the Immigration Act (Canada);

(d) that there has been no finding of, and that there is no current proceeding involving an allegation of, professional misconduct, incompetence or being incapacitated or any like finding or allegation against the applicant;

(e) that the applicant has not been found guilty of, and that there is no charge pending involving an allegation of an offence relevant to the applicant’s suitability to practise denture therapy;

(f) that the applicant pays a licensing fee of $25;

(g) that the applicant pays the annual fee set out in section 2; and

(h) if the applicant received his or her qualifications in denture therapy other than at George Brown College of Applied Arts and Technology, that the applicant presents his or her original diploma in denture therapy and documentation identifying the applicant in person to the Registrar. R.R.O. 1990, Reg. 265, s. 1 (1).

(2) The qualifications for the issuing of a licence to an applicant are that the applicant,

(a) is the holder of a diploma in denture therapy issued by George Brown College of Applied Arts and Technology, or is the holder of qualifications that are equivalent to a diploma in denture therapy issued by George Brown College of Applied Arts and Technology; and

(b) has successfully completed the qualifying examinations in denture therapy at George Brown College of Applied Arts and Technology. R.R.O. 1990, Reg. 265, s. 1 (2).

(3) Clause (2) (b) does not apply to an applicant who is the holder of a diploma in denture therapy issued by George Brown College of Applied Arts and Technology less than six months before the applicant submits his or her application. R.R.O. 1990, Reg. 265, s. 1 (3).

2. (1) The fee for a licence to practise denture therapy is $600. O. Reg. 772/92, s. 1.

(2) The fee for entry in a register referred to in subsection 4 (5) of the Act is $25. R.R.O. 1990, Reg. 265, s. 2 (2).

(3) The annual fee payable by a licensee is $600 and is due and payable on or before the anniversary date of the issue of the licence. O. Reg. 772/92, s. 1.

(4) The penalty for the late payment of an annual fee is $25. R.R.O. 1990, Reg. 265, s. 2 (4).

(5) Every licensee shall submit with the annual fee evidence indicating the approximate number of hours in the preceding year in which he or she engaged in the practice of denture therapy or the practice of supervised denture therapy. R.R.O. 1990, Reg. 265, s. 2 (5).

(6) Revoked: O. Reg. 772/92, s. 2.

(7) Revoked: O. Reg. 772/92, s. 2.

3. (1) A person whose licence is cancelled for the nonpayment of the annual fee is entitled to have his or her licence reinstated on application within two years after the cancellation if the person,

(a) pays all fees that would be outstanding if the licence had not been cancelled together with a penalty of $100; and

(b) has lawfully engaged in the practice of denture therapy or supervised denture therapy for at least 1,500 hours in the three years preceding the date of the application or has successfully completed the most recent qualifying examinations in denture therapy at George Brown College of Applied Arts and Technology. R.R.O. 1990, Reg. 265, s. 3 (1).

(2) A licensee whose licence is suspended and who wishes to resume the practice of denture therapy shall, before resuming the practice of denture therapy, provide the Registrar with evidence that the licensee has received no income or other benefit in respect of the practice of denture therapy from any person during the period of the licensee’s suspension. R.R.O. 1990, Reg. 265, s. 3 (2).

4. Revoked: O. Reg. 658/91, s. 2.

5. (1) It is a conflict of interest for a denture therapist to,

(a) use without reasonable payment any premises or equipment provided by a person who stands to gain financially from the prescribing of denture therapy materials or equipment by the denture therapist;

(b) share fees with any person who has referred a patient or receive fees from any person to whom the denture therapist has referred the patient or to engage in any form of fee sharing, rebates or other indirect remuneration;

(c) engage in the practice of denture therapy as a partner, employer, employee, principal or agent of, or in any other business association, with any person or corporation other than,

(i) with a denture therapist who is engaged in the practice of denture therapy,

(ii) with a legally qualified dental surgeon who is engaged in the practice of dentistry, or

(iii) as an employee or agent of a municipal or other government, agency of such government, university or hospital;

(d) charge or receive in respect of a prosthetic appliance payment in excess of the commercial laboratory costs incurred by the denture therapist; or

(e) own or have any proprietary interest in a commercial dental laboratory. R.R.O. 1990, Reg. 265, s. 5 (1).

(2) For the purpose of this section,

“commercial dental laboratory” means a laboratory operated by a registered dental technician or a corporation where prosthetic devices are fabricated on the prescription of a dentist but does not include premises where prosthetic devices are fabricated by a denture therapist for his or her own patients. R.R.O. 1990, Reg. 265, s. 5 (2).

6. (1) For the purposes of the Act,

“professional misconduct” means,

1. failure by a licensee to abide by the terms, conditions or limitations of his or her licence,

2. failure to maintain the records that are required to be kept respecting the licensee’s patients,

3. failure to provide an account or receipt to a patient or failure to itemize an account at the request of a patient or a third party responsible for payment of the account,

4. exceeding the lawful scope of practice,

5. having a conflict of interest,

6. using terms, titles or designations other than those authorized or prescribed by this Regulation,

7. failure to refer to a dental surgeon or a physician a patient who has an intra oral condition that is not normal and that is detected or ought to have been detected,

8. assisting or counselling a person who is not licensed as a denture therapist to engage in the practice of denture therapy except as provided for under subsection 3 (2) of the Act,

9. the contravention of the Act or the regulations,

10. publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of denture therapy other than,

i. professional cards that contain only the name of the licensee, a vocational designation, the licensee’s address, academic degrees, except those that are related to the practice of dentistry, telephone number and office hours,

ii. an announcement in a newspaper or a weekly or monthly periodical that does not contain more than the information contained in an announcement card and,

A. does not exceed two standard newspaper columns in width and five centimetres in depth, including the margins,

B. is not part of an advertisement containing references to dental equipment or to prosthetic appliances, and

C. does not appear more than once in any issue of the newspaper or periodical,

iii. appointment cards that do not contain more than the information contained in a professional card and the time and date of the appointment or appointments,

iv. reminder notices to patients,

v. announcement cards that do not state more than the information contained in a professional card and an announcement of the commencement of the practice of the denture therapist, a change of location or a new association in practice,

vi. one exterior sign or, where there are no door plates or building directory listings, not more than two exterior signs stating his or her name, vocational designation and telephone number, which sign shall be on the premises where the denture therapist practises, provided that,

A. only one sign may be a suspended sign,

B. only one sign may be illuminated, and the sign shall not be an intermittent or neon type,

C. the maximum size of the letters used in the sign shall not exceed ten centimetres in height,

D. words designating office hours may be added to the sign in letters not more than five centimetres in height,

E. where an entrance is difficult to find, the words “Entrance on” may be added to the sign,

vii. door plates and listings on building directories on the premises where the licensee is engaged in the practice of denture therapy that contain no more than the name of the licensee, a vocational designation and academic degrees other than those that are related to the practice of dentistry and such listings shall be no greater in number than that which is required to readily identify the location of the licensee’s place of practice,

viii. a telephone directory listing,

A. that is in the white pages of the telephone directory, in which case the listing shall,

1. be only of light type,

2. be used only under the alphabetical listing according to the denture therapist’s surname, and

B. that is in the yellow pages of the telephone directory, in which case the listing shall,

1. be only of light type,

2. be used only in the telephone listings for the particular geographical area in which the denture therapist practises denture therapy, and

3. be used only in the part designated “denture therapists” and where the practice of denture therapy is carried on as a partnership list only the partnership name,

11. using or having in the office premises dental equipment other than equipment required in the practice of denture therapy unless a dental surgeon practises dentistry in the same office premises,

12. charging a fee in excess of the fee in the current fee guide of the Denturists Association of Ontario without prior notification to the patient as to the excess amount of the fee,

13. charging fees that are excessive or unreasonable in relation to the services performed or charging fees for services that are not performed,

14. displaying or permitting to be displayed dental appliances that can be seen from the exterior of the premises at which the denture therapist practises,

15. signing or issuing a certificate, report or similar document that contains a statement the denture therapist knows or ought to know is false, misleading or otherwise improper,

16. failure to provide within a reasonable time in the circumstances and without cause any report or certificate requested by a patient or his or her authorized agent in respect of a service provided by the licensee,

17. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient,

18. failure to carry out the terms of any agreement with a patient,

19. refusal to allow an inspector or a person appointed under section 22 of the Act to make an investigation to enter the denture therapist’s laboratory or office at a reasonable time for the purpose of inspecting the denture therapist’s records and equipment,

20. using or having in the licensee’s office drugs or anaesthetics of any kind,

21. soliciting of patients by a supervised denture therapist,

22. the submission of any accounts or charges to a patient or to any person legally responsible for the patient’s debts for services rendered by a supervised denture therapist,

23. accepting a credit card to obtain payment for denture therapy services prior to rendering the denture therapy services,

24. selling a professional account to a third party other than by the accepting of a credit card defined in subsection (2) to obtain payment for denture therapy services,

25. cutting or grinding natural teeth or any restoration in or covering a natural tooth,

26. giving information concerning a patient’s dental condition or any service performed for a patient to another person other than the patient without the consent of the patient, unless required to do so by law,

27. engaging in the practice of denture therapy while the ability of the licensee is impaired by alcohol or a drug,

28. failing to continue to perform essential services for a patient until the services are no longer required or the professional services are performed for the patient by another licensee or by a dentist,

29. improper conduct or association with a patient,

30. practising denture therapy for a fee or otherwise in any public place or in any vehicle or other movable contrivance without the approval of the Board,

31. retain the services of, employ, be employed by, maintain a partnership or association with, directly or indirectly receive, make or confer remuneration or other benefit to or from or share or occupy an office or laboratory space in any manner or for any purpose related to the practice of denture therapy with a person whose licence as a denture therapist is suspended, revoked or cancelled,

32. an act relevant to the practice of denture therapy that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional conduct,

33. engaging or holding oneself out as engaging in the practice of denture therapy using any name, term or designation other than the name of the licensee as entered in the register referred to in subsection 4 (5) of the Act, and

34. failure to maintain the standard of practice of the profession. R.R.O. 1990, Reg. 265, s. 6 (1).

(2) For the purposes of this section,

“credit card” means a credit card that is accepted by a denture therapist pursuant to a standard form of agreement that requires the provider of the credit card to rely upon the provider’s contract with the card holder or card sales slip to enforce payment of money owed and not upon a patient record of the denture therapist. R.R.O. 1990, Reg. 265, s. 6 (2).

7. Despite paragraph 10 of subsection 6 (1), a denture therapist who is an employee shall not publish, display or distribute or permit directly or indirectly the publishing, display, distribution or use of any advertisement related to his or her employment as a denture therapist other than by a professional card that gives his or her name, academic degrees and vocational designation. R.R.O. 1990, Reg. 265, s. 7.

8. (1) Subject to subsections (2) and (3), where a licensee’s name is entered in the register referred to in subsection 4 (5) of the Act, the name in the register shall be the same as the name of the licensee in the documentary evidence of his or her education and qualification in denture therapy. R.R.O. 1990, Reg. 265, s. 8 (1).

(2) Where a licensee does not have the education and has not earned the qualification referred to in subsection (1) and is exempt from the requirements and qualifications set out in clause 1 (2) (a), the name of the licensee that shall be entered in the register referred to in subsection 4 (5) of the Act shall be,

(a) where the licensee is an immigrant, the name of the licensee as it appears in the documentary evidence of his or her immigration;

(b) where the licensee was an immigrant and is now a citizen of Canada, the name of the licensee as it appears in the documentary evidence of his or her citizenship; or

(c) such name, other than a name referred to in clause (a) or (b), as the Registrar considers proper. R.R.O. 1990, Reg. 265, s. 8 (2).

(3) An applicant for a licence or a licensee may request entry in the register in a name other than the name required by subsection (1) or (2) and the Registrar may cause such other name to be entered in the register if the applicant or licensee, as the case may be, presents to the Registrar,

(a) a certified copy of an order of a court of competent jurisdiction in Ontario changing the applicant’s or licensee’s name; or

(b) a certified copy of a valid certificate of marriage or a decree absolute of divorce, obtained in any province of Canada; or

(c) such further or other documentary material that, in the opinion of the Registrar, sufficiently identifies the person named in the documentary material as the applicant or licensee, and that satisfies the Registrar that the use of the other name is not for any improper purpose. R.R.O. 1990, Reg. 265, s. 8 (3).

9. (1) A licensee may use as a vocational designation,

(a) Denture Therapist;

(b) D.T., following the licensee’s name;

(d) Denture Clinic. R.R.O. 1990, Reg. 265, s. 9 (1).

(2) A licensee may not use more than one vocational designation, except the use of “D.T.” with another vocational designation. R.R.O. 1990, Reg. 265, s. 9 (2).

10. (1) The reasons for a decision of the discipline committee shall be published in a report of the Board and the identity of the licensee,

(a) shall be made known if the licensee’s licence has been revoked, suspended or restricted or if the licensee has been reprimanded and the committee has directed the fact of such reprimand to be recorded on the register;

(b) shall not be made known if the licensee has been reprimanded but the committee has not directed the fact of the reprimand to be recorded on the register or during the currency of any suspension or postponement of a penalty; and

(c) shall not be made known if the licensee has been found not guilty of professional misconduct or not to be incompetent, unless the licensee requests in writing that he or she be identified. R.R.O. 1990, Reg. 265, s. 10 (1).

(2) The Registrar may communicate the decision of the discipline committee to any complainant and any witness who testified at the hearing if the complainant or witness so requests. R.R.O. 1990, Reg. 265, s. 10 (2).

(3) The Registrar may provide a copy of any written reasons of the committee and any other information that the Registrar considers necessary to explain the proceedings and the decision to the complainant or witness. R.R.O. 1990, Reg. 265, s. 10 (3).

11. (1) The Board shall determine the information required for the compilation of statistics with respect to the supply, distribution and professional activities of denture therapists and may direct the Registrar to obtain the required information. R.R.O. 1990, Reg. 265, s. 11 (1).

(2) The information required for the compilation of statistics may include particulars of the age, sex, oral condition of patients, patient case load, referral of patients, population served and other practice activities of denture therapists. R.R.O. 1990, Reg. 265, s. 11 (2).

(3) Upon the written request of the Registrar, denture therapists shall provide to the Registrar the information required for the compilation of statistics. R.R.O. 1990, Reg. 265, s. 11 (3).

12. (1) Every licensee, except when engaging in the practice of supervised denture therapy, shall make and keep clinical and financial records respecting his or her patients. R.R.O. 1990, Reg. 265, s. 12 (1).

(2) The records of a licensee respecting a patient shall contain at least,

(a) the patient’s name, address and telephone number;

(b) the patient’s denture and related history;

(d) the procedures used on the patient;

(e) the prosthetic appliances provided or adjusted for the patient;

(f) the date of each contact with the patient and an indication of the nature of the contact and the services provided to the patient; and

(g) the licensee’s fees and charges. R.R.O. 1990, Reg. 265, s. 12 (2).

(3) Despite subsection (2) , if the only service a licensee provides is a repair of a denture that the licensee did not fabricate and the service does not require an impression to be taken by the licensee, the records for the repair need only contain,

(a) the patient’s name, address and telephone number;

(b) the date and nature of the repair; and

13. A record required to be kept under section 12 shall be retained for a period of seven years from the date of the making of the record. R.R.O. 1990, Reg. 265, s. 13.