O. Reg. 828/93: PROFESSIONAL MISCONDUCTSkip to content
|current||March 31, 1994 – (e-Laws currency date)|
Opticianry Act, 1991
Loi de 1991 sur les opticiens
ONTARIO REGULATION 828/93
Consolidation Period: From March 31, 1994 to the e-Laws currency date.
Last amendment: O.Reg. 216/94.
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 the Care of, and Relationship with, Patients
1. Contravening a term, condition or limitation imposed on the member’s certificate of registration.
2. 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 consent is required by law, without such a consent.
4. Delegating a controlled act unless the delegation is authorized by the regulations.
5. Permitting, counselling or assisting anyone who is not registered under the Act to perform an act which should be performed by a member.
5.1 Permitting, counselling or assisting a registered student optician or a registered intern optician to dispense subnormal vision devices, contact lenses or eye glasses, except under the supervision or direction of a registered optician who is physically present in the place where the dispensing takes place, at the time it takes place.
6. Abusing a client verbally or physically.
7. Practising the profession while the member’s ability to do so is impaired by any substance.
8. Discontinuing professional services contrary to the terms of an agreement between the member and a patient 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. Practising opticianry while the member is in a conflict of interest.
10. 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.
11. Making false or derogatory statements about a member to any person.
12. Dispensing a contact lens to a patient, other than for diagnostic or emergency purposes, which the member knows, or ought to know, is not a new contact lens.
13. Failing to refer a patient to a registered physician when the member recognizes, or ought to recognize, a condition of the eye or adnexa that appears to require medical examination.
14. Failing to advise a patient or a member of the public, when requested, as to the procedure for submitting a complaint to the College.
15. Failing to supply in writing, when requested by a patient or a member of the public, the address and telephone number of the College.
16. Failing to reply without sufficient reason to a registered letter from the College.
Representations about Members and their Qualifications
17. Inappropriately using a term, title or designation in respect of the member’s practice.
18. Using a term, title or designation indicating or representing that the member has a specialization in the practice of opticianry which the member does not hold.
19. 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 opticianry.
20. Failing to maintain records as required by the regulations.
21. Falsifying a record relating to the member’s practice.
22. 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.
23. Signing or issuing, in the member’s professional capacity, a document that the member knows or ought to know contains a false or misleading statement.
24. Submitting an account or charge for services that the member knows or ought to know is false or misleading.
25. Failing to specify in an account the selling price of subnormal vision devices, eye glasses or contact lenses, if requested to do so by the patient, or by the person or agency who is to pay, in whole or in part, for them.
26. Contravening any provision of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.
27. 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 practice.
28. Engaging in conduct or performing an act, in the course of practicing opticianry that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
29. Advertising or permitting advertising with respect to the member’s practice in contravention of the regulations. O. Reg. 828/93, s. 1; O. Reg. 216/94, s. 1.
2. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 828/93, s. 2.