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Respiratory Therapy Act, 1991
Loi de 1991 sur les thérapeutes respiratoires

ONTARIO REGULATION 753/93

PROFESSIONAL MISCONDUCT

Consolidation Period: From February 25, 1999 to the e-Laws currency date.

Last amendment: O.Reg. 70/99.

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 the Care of, and Relationship with, Patients and Clients

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

2. Contravening a standard of practice of the profession or a published standard of the College, or failing to maintain the standard of practice of the profession.

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

4. Delegating a controlled act set out in subsection 27 (2) of the Regulated Health Professions Act, 1991, in contravention of the regulations.

5. Abusing a patient or client.

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

7. Recommending, dispensing or selling medical gases or equipment for an improper purpose.

8. Discontinuing, without reasonable cause, professional services that are needed unless,

i. the patient or client requests the discontinuation,

ii. alternative services are arranged, or

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

9. Failing, without reasonable cause, to fulfil the terms of an agreement for professional services other than an employment agreement, with a health care facility, unless,

i. the health care facility requests the termination of the agreement,

ii. alternative services are arranged, or

iii. the health care facility is given reasonable opportunity to arrange alternative services.

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

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

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

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

Representations About Members and Their Qualifications

14. Using a term, title or designation in respect of the member’s practice in contravention of the regulations.

15. 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

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

17. 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 client or his or her authorized representative after the patient or client or his or her authorized representative has requested such a report or certificate.

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

Business Practices

19. Submitting an account or charge for services that a member knows is false or misleading.

20. Charging a fee that is excessive in relation to the service rendered.

21. Failing to disclose the fee schedule or payment structure prior to delivery of services or failing to provide the patient or client with sufficient time to refuse the treatment and arrange for alternative services.

22. Failing to itemize an account for fees charged by the member for professional services rendered,

i. if requested to do so by the patient or client 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.

23. Selling any debt owed to the member for professional services; this does not include the use of credit cards to pay for professional services.

Miscellaneous Matters

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

25. Contravening a federal, provincial or territorial law, a municipal by-law or a by-law or rule of a hospital within the meaning of the Public Hospitals Act if,

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

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

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

27. Failing to carry out an undertaking given to the College or an agreement entered into with the College.

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

29. 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.

30. In the case of a former member whose certificate of registration is suspended, engaging in the practice of respiratory therapy while the certificate is suspended. O.Reg. 753/93, s. 1; O. Reg. 125/94, s. 1; O. Reg. 70/99, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation). O.Reg. 753/93, s. 2.