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# result(s)

Physiotherapy Act, 1991
Loi de 1991 sur les physiothérapeutes

ONTARIO REGULATION 861/93

PROFESSIONAL MISCONDUCT

Note: This Regulation was revoked on November 5, 2008. See: O. Reg. 388/08, ss. 2, 3.

Last amendment: O. Reg. 388/08.

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 Professional and the Care of, and Relationship with, Patients

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

2. Failing to maintain the standards of practice of the profession.

3. Performing a professional service for which consent is required by law, without such consent.

4. Delegating a controlled act.

5. Abusing a patient verbally or physically.

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

7. Discontinuing professional services that are needed unless,

i. the patient requests the discontinuation,

ii. alternative services are arranged,

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

iv. the member is unable to provide adequate physiotherapy services because there are insufficient resources available to meet the needs of the community in question,

v. the patient has failed to make payment within a reasonable time for physiotherapy services received, and all reasonable attempts on the part of the member to facilitate such payment have been unsuccessful,

vi. the member has reasonable grounds to believe that the patient may abuse the member, verbally, physically or sexually, or

vii. the patient’s lack of co-operation or compliance with his or her treatment plan is such that the services are not effective.

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

9. 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.

10. Failing to fulfil the terms of an agreement with a patient.

11. Using a term, title, or designation indicating or implying a specialization in the profession.

12. Practising the profession using a name other than the member’s name as entered in the register.

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

14. Falsifying a record.

15. 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.

16. Signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement.

17. Signing or issuing a certificate, report, or similar document without taking reasonable measures to ascertain the accuracy of its contents.

18. Submitting an account or charge for services that the member knows or ought to know is false or misleading.

19. Charging a fee that is excessive in relation to the services performed.

20. Failing to itemize an account for professional services 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.

21. Selling or assigning any debt owed to the member for professional services, but a member may retain an agent to collect unpaid accounts and may accept payment for professional services by a credit card.

22. Refusing to perform a necessary professional service unless all or part of the fee is paid before the service is performed.

23. Performing an act or making an omission inconsistent with the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

24. Contravening a federal, provincial or territorial law relevant to the member’s suitability to practise.

25. 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.

26. Breaching an undertaking provided to the College.

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

28. Refusing to co-operate with an authorized representative of the College, including refusing to allow the representative to enter at a reasonable time the premises in which the member provides professional services for the purposes of assessing, inspecting or investigating the member’s practice, professional records and equipment.

29. Failing to supervise an auxiliary appropriately or in accordance with the regulations.

30. Where the services of a member are not insured services under the Health Insurance Act, failing to advise a patient or his or her authorized representative of that fact and of the fees charged by the member for professional services before performing the services.

31. Failing to refer a patient to a regulated health professional when the member recognises or ought to recognise an abnormality or condition which indicates such a referral.

32. Continuing treatment of a patient where it is no longer indicated or treatment has ceased to be effective, or providing unnecessary treatment.

33. Directly or indirectly benefiting from the practice of physiotherapy while the member’s certificate of registration is suspended, unless the member first adequately discloses the nature of the benefit to the College and obtains the consent of the panel of the Discipline Committee imposing the suspension or of the Executive Committee.

34. Failing to co-operate with an investigator from another College who gives proof of his or her appointment as an investigator under section 75 of the Health Professions Procedural Code or to provide the investigator with access to, or copies of a record, document or thing that may be reasonably required for the purpose of the investigation.

O. Reg. 861/93, s. 1; O. Reg. 531/98, s. 1.

2. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 861/93, s. 2.