O. Reg. 750/93: PROFESSIONAL MISCONDUCT

 

Chiropody Act, 1991
Loi de 1991 sur les podologues

ONTARIO REGULATION 750/93

PROFESSIONAL MISCONDUCT

Consolidation Period:  From March 10, 1994 to the e-Laws currency date.

Last amendment: 110/94.

Legislative History: 110/94.

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, Patients

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

2. Failing to meet or contravening a standard of practice of the profession.

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

4. Delegating or accepting the delegation of a controlled act contrary to the Act or the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

5. Abusing a patient verbally, physically or emotionally.

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

7. Prescribing or administering drugs for an improper use.

8. Discontinuing professional services that are needed unless,

i. the patient requests the discontinuation,

ii. alternative services are arranged, or

iii. the patient is given a reasonable opportunity to arrange alternative services.

9. Discontinuing professional services contrary to the terms of an agreement between the member and a hospital, nursing home or other facility or agency that provides health services to the public.

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

11. Giving 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 or allowed by law.

12. Breaching an agreement with a patient relating to professional services for the patient or fees for such services.

13. Failing to reveal the exact nature of a remedy or treatment used by the member following a patient’s request to do so.

14. Providing treatment to a patient where the member knows or ought to know that the provision of the treatment is ineffective, unnecessary or deleterious to the patient or is inappropriate to meet the needs of the patient.

15. Failing to advise the patient to consult with a physician or other regulated health professional where the member recognizes, or ought to recognize, a condition that is beyond the competence or experience of the chiropodist or that requires such a consultation to ensure the proper care of the patient.

Representations About Members and Their Qualifications

16. 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

17. Failing to keep records as required by the regulations.

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

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

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

Business Practices

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

22. Charging a fee that is excessive in relation to the services or devices charged for.

23. Failing to notify the patient of the fees charged for the member’s services prior to rendering the services to the patient.

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

25. Failing to itemize an account for professional services,

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 or orthotics fee.

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

27. Sharing fees with any person who has referred a patient to a member or receiving fees from any person to whom the member has referred a patient or requesting or accepting a rebate or commission for the referral of a patient.

28. Practising in the employment of or in association with a commercial business.

29. Charging a block fee unless,

i. the patient is given the option of paying for each service as it is rendered, and

ii. if requested by the patient, the unit cost for each type of service covered by the block fee is specified.

Miscellaneous Matters

30. Contravening the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

31. Contravening a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a hospital, nursing home or other facility or agency that provides health services to the public 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.

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

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

34. Failing to reply within thirty days to any written enquiry from the College or its officers, employees or agents.

35. Refusing to allow an authorized representative of the College to enter during business hours any premises in which the member carries on the practice of chiropody for the purpose of inspecting the member’s practice, records and equipment or for any other purpose authorized by the Act or a regulation under the Act.

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

37. Failing to carry out a requirement of the Complaints Committee, the Discipline Committee or the Fitness to Practise Committee or breaching an undertaking given to one of those committees or to the Registrar.  O. Reg. 750/93, s. 1; O. Reg. 110/94, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 750/93, s. 2.