O. Reg. 680/93: PROFESSIONAL MISCONDUCT

 

Dietetics Act, 1991
Loi de 1991 sur les diététistes

ONTARIO REGULATION 680/93

PROFESSIONAL MISCONDUCT

Consolidation Period:  From July 24, 2001 to the e-Laws currency date.

Last amendment: 302/01.

Legislative History: 203/00, 302/01.

This Regulation is made in English only.

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 Care of, and the Relationship with, Clients

1. Practising the profession while the member’s certificate of registration has been suspended by the Registration Committee for non-payment of fees.

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

3. Failing to comply with an order of a panel of the Complaints Committee, Discipline Committee or Fitness to Practise Committee.

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

5. Failing to maintain a standard of practice of the profession.

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

7. Abusing a client verbally, physically or emotionally.

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

9. Discontinuing professional services that are needed unless,

i. the client requests the discontinuation,

ii. alternative services are arranged, or

iii. the client is given reasonable notice to arrange alternative services.

10. Discontinuing professional services without reasonable cause contrary to the terms of an agreement between the member and the member’s employer.

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

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

13. Breaching an agreement with a client relating to professional services for the client or fees for such services.

14. Recommending vitamins, minerals or nutritional supplements for improper use.

15. Failing to reveal the exact nature of a treatment used by the member following a client’s request to do so.

16. Failing to report incidents of unsafe practice or unethical conduct of dietitians.

17. Assigning members, dietetic interns, food service supervisors, dietetic technicians or other health care providers to perform dietetic functions for which they are not adequately trained or that they are not competent to perform.

18. Failing to inform the member’s employer of the member’s inability to accept specific responsibility in areas where specific training is required or where the member does not feel competent to function without supervision.

19. Treating or attempting to treat a condition that the member knew or ought to have known was beyond his or her expertise or competence.

Representations About Members and Their qualifications

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

21. 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 the profession.

Record Keeping and Reports

22. Failing to keep records as required.

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

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

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

26. Failing to take reasonable steps before terminating services to a client or resigning as a member, to ensure that, for each client health record for which the member has primary responsibility,

i. the record is transferred to another member, or

ii. the client is notified that the member intends to resign and that the client can obtain copies of the client health record.

Business Practices

27. Submitting an account or charge for services that the member knows is false or misleading.

28. Charging a fee that is excessive in relation to the service charged for.

29. Failing to itemize an account for professional services if requested to do so by the client or the person or agency who is to pay, in whole or in part, for the services.

30. Offering or giving a reduction for prompt payment of an account.

31. Failing to inform the client of all available payment options.

Miscellaneous Items

32. Contravening the Act, the Regulated Health Professions Act, 1991 or the regulations under either of them.

33. Influencing a client to change his or her will or other testamentary instrument.

34. Contravening a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a facility where a member practices if,

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

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

35. Failing to co-operate in a College investigation.

35.1 Failing to provide the Registrar with accurate information respecting any information required to be contained in the College’s register.

35.2 Failing to inform the Registrar of a change of any information required to be contained in the College’s register within 30 days after the change occurring.

35.3 Failing to inform the Registrar of a change in citizenship or immigration status within 30 days after the change occurring.

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

37. Failing to co-operate with the Quality Assurance Committee or with a panel of that committee or with any assessor it appoints and failing to carry out a self-assessment in accordance with guidelines and policies established by the College and distributed to members.

38. Failing to carry out any requirement or order of the Quality Assurance Committee or a panel of that committee, including refusing to undergo remediation or a practice assessment required by the committee or panel or failing to complete remediation within the time required by the committee or panel. O. Reg. 680/93, s. 1; O. Reg. 203/00, s. 1; O. Reg. 302/01, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 680/93, s. 2.