O. Reg. 798/93: PROFESSIONAL MISCONDUCT

 

Dental Technology Act, 1991
Loi de 1991 sur les technologues dentaires

ONTARIO REGULATION 798/93

PROFESSIONAL MISCONDUCT

Consolidation Period:  From November 19, 1998 to the e-Laws currency date.

Last amendment: 603/98.

Legislative History: 603/98.

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:

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

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

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

4. Failing to refer a client to a qualified medical or dental practitioner where the member recognizes or ought to have recognized a condition which required medical or dental examination.

5. Using materials that are not fit for the purpose for which they are used, or that differ from those prescribed by the registered practitioner on whose order the work is being performed.

6. Knowingly subcontracting dental technological services in breach of section 32 (1) or (3) of the Regulated Health Professions Act, 1991.

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

8. Abusing a patient verbally or physically.

9. Engaging in the practice of the profession while the member’s ability to do so is impaired by any substance.

10. 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.

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

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 request by a patient, a patient’s representative or the College to do so.

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

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 dental technology.

16. Advertising or permitting advertising with respect to the member’s practice in contravention of the regulations.

16.1 Appearing in, or permitting the use of the member’s name in, an advertisement that implies, or could be reasonably interpreted to imply, that the professional expertise of the member is relevant to the subject matter of the advertisement.  This paragraph does not apply to an advertisement of the member’s own practice or to an advertisement by a non-profit organization if the member receives no consideration for his or her appearance or the use of his or her name.

17. Allowing any person to examine a patient health record or giving any information, copy or thing from a patient health record to any person except as required or allowed by law.

18. Failing to provide copies from a patient health record for which the member has primary responsibility, as required by the regulations.

19. Failing to make arrangements with a patient for the transfer of the patient’s records in the care of the member,

i. when the member retires from practice,

ii. when the member changes office location and the patient requests that the records be transferred, or

iii. when requested to do so by the patient.

20. Failing to pay any money owing to the College.

21. Failing to keep records as required.

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

23. 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.

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

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

26. Charging or accepting a fee or amount that is excessive or unreasonable in relation to the services performed.

27. Charging or accepting a fee or amount under any agreement, which fee or amount is excessive or unreasonable having regard to the services to be performed or that may be performed pursuant to the agreement.

28. Failing to abide by a written undertaking given by the member to the College or to carry out an agreement entered into with the College.

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

30. Failing to itemize an account for services, if requested to do so by the prescribing registered practitioner.

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

32. 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 the public health, or

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

33. Failing to co-operate with a representative of the College or another regulatory body, upon production by the representative of his or her appointment under section 76 of the Health Professions Procedural Code or to provide access to and copies of all records, documents, and things that may be reasonably required for the purposes of the investigation.

34. 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.  O. Reg. 798/93, s. 1; O. Reg. 603/98, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 798/93, s. 2.