Optometry Act, 1991
Loi de 1991 sur les optométristes
ONTARIO REGULATION 119/94
GENERAL
Historical version for the period February 14, 2014 to April 14, 2014.
Last amendment: O. Reg. 24/14.
This Regulation is made in English only.
PARTS I-III (ss. 1-6) Revoked: O. Reg. 56/00, s. 1.
Note: On April 15, 2014, the Regulation is amended by adding the following Parts: (See: O. Reg. 24/14, ss. 1, 2)
PART I
PROFESSIONAL MISCONDUCT
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 to which the member’s certificate of registration is subject.
2. Exceeding the scope 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. Abusing a patient verbally or physically.
5. Practising the profession while the member’s ability to do so is impaired by any substance.
6. Discontinuing professional services that are needed unless,
i. the patient requests the discontinuation,
ii. the member arranges alternative services,
iii. the patient is given a reasonable opportunity to arrange alternative services, or
iv. the patient has failed to make payment within a reasonable time for services received, and the services that are needed are not of an emergency nature.
7. Engaging in the practice of the profession while in a conflict of interest as described in Part II.
8. Failing to reveal the exact nature of a secret remedy or treatment used by the member following a patient’s request to do so.
9. Making a misrepresentation with respect to a remedy, treatment or device.
10. Treating or attempting to treat an eye or vision system condition which the member recognizes or should recognize as being beyond his or her experience or competence.
11. Failing to refer a patient to another professional whose profession is regulated under the Regulated Health Professions Act, 1991 when the member recognizes or should recognize a condition of the eye or vision system that appears to require such referral.
12. Failing, without reasonable cause, to provide a patient with a written, signed and dated prescription for subnormal vision devices, contact lenses or eye glasses after the patient’s eyes have been assessed by the member and where such a prescription is clinically indicated.
13. Recommending or providing unnecessary diagnostic or treatment services.
14. Failing to maintain the standards of practice of the profession.
15. Delegating a controlled act in contravention of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.
16. Performing a controlled act that the member is not authorized to perform.
17. Permitting, counselling or assisting a person who is under the supervision of a member to perform an act in contravention of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.
18. Permitting, counselling or assisting any person who is not a member to perform a controlled act which should be performed by a member.
REPRESENTATIONS ABOUT MEMBERS AND THEIR QUALIFICATIONS
19. Using a term, title or designation in respect of the member’s practice other than “optometrist” or “doctor of optometry”.
20. Using, in the course of providing or offering to provide professional services, any reference to the member’s education or educational achievement other than the member’s university degree, unless the use of the reference is approved by Council.
21. Identifying oneself to a patient as a person who is qualified to practise as a member of a health profession other than optometry, unless lawfully entitled to do so in Ontario under the legislation governing that profession.
22. Publishing or using, or knowingly permitting the publication or use of an advertisement or announcement or information that promotes or relates to the provision of professional services by a member to the public, whether in a document, business card, business sign, website, or any other format, which,
i. is false or deceptive, whether by reason of inclusion of or omission of information,
ii. suggests that the member is a specialist or is specially educated, trained or qualified other than where the reference is to an educational achievement and the reference has been approved by Council,
iii. contains a testimonial or comparative or superlative statements,
iv. contains an endorsement other than an endorsement by an individual or organization that has demonstrated, to the satisfaction of Council, that the individual or organization has expertise relevant to the subject matter of the endorsement,
v. is not factual, objectively verifiable or readily comprehensible to the persons to whom it is directed, or
vi. would be reasonably regarded by members as demeaning the integrity or dignity of the profession or likely to bring the profession into disrepute.
23. Where a member uses, in the course of providing or offering to provide professional services, a name other than the name of the member as it is published on the register of the College, failing to,
i. post a list, in a location where patients will likely see it, of the name of every member who practises at that location,
ii. notify the Registrar in writing of the name of every member who practises at that location, and
iii. notify the Registrar in writing of any change in the members who practise at that location no less than 30 days from the date that the change occurred.
RECORD KEEPING AND REPORTS
24. Failing to make or maintain records in accordance with Part IV.
25. Falsifying a record relating to a member’s practice.
26. Signing or issuing, in the member’s professional capacity, a certificate, report or similar document that contains a statement the member knows or ought to know is false, misleading or otherwise improper, or omits statements or information that the member knows or ought to know should be included.
27. If a member closes his or her office or retires from practice, failing to make reasonable efforts to make arrangements with a patient or his or her authorized representative to transfer the patient’s records to,
i. the patient or his or her authorized representative,
ii. another member, if the patient or his or her authorized representative so requests, or
iii. another member, with notice to the patient that his or her records have been transferred to that other member.
BUSINESS PRACTICES
28. Submitting or allowing to be submitted an account for professional services that the member knows or ought to know is false or misleading.
29. Charging or allowing a fee to be charged that is excessive or unreasonable in relation to the professional services provided.
30. Failing to issue a statement or receipt that itemizes an account for professional goods or services to the patient or a third party who is to pay, in whole or in part, for the goods or services provided to the patient.
31. Charging or receiving more than the amount payable under the Ontario Health Insurance Plan for performing an insured service to an insured person.
32. Accepting payment in respect of an insured service to an insured person before the member receives notice from the Ontario Health Insurance Plan that the patient has been reimbursed by the Plan, unless the insured person has consented to make the payment on an earlier date.
33. Charging or accepting a fee, in whole or in part, before providing professional services to a patient unless,
i. the fee relates to the cost of professional goods to be used in the course of performing the services, or,
ii. the member informs the patient, before he or she pays the fee, of the patient’s right to choose not to pay the fee before the professional services are performed.
MISCELLANEOUS MATTERS
34. Failing to comply with an order of the Inquiries, Complaints and Reports Committee requiring the member to appear before a panel of the committee to be cautioned.
35. Failing to abide by a written undertaking given by the member to the College or a Committee, or to carry out an agreement entered into with the College or a Committee.
36. Contravening, by act or omission, the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.
37. Failing to co-operate with a representative of another College on production of an appointment under section 75 of the Health Professions Procedural Code or to provide access to or copies of a record, document or thing that may be reasonably required for the purposes of an investigation.
38. Failing to provide a patient or a patient’s authorized representative, when requested, with the practice address and telephone number of a member who previously practised with the member when the member knows or ought to know this information.
39. Engaging in conduct or performing an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical. O. Reg. 24/14, s. 1.
PART II
CONFLICT OF INTEREST
2. In this Part,
“benefit” means any incentive of more than nominal value and includes a rebate, credit or gift but does not include a reasonable discount based on volume or prompt payment;
“health centre” means a facility that provides health services funded by the Ministry of Health and Long-Term Care;
“non-arm’s length relationship” means a relationship other than that between parties who are unrelated, with each acting in his or her own best interest in the ordinary course of business. O. Reg. 24/14, s. 1.
3. (1) A member shall not engage in the practice of the profession while the member is in a conflict of interest. O. Reg. 24/14, s. 1.
(2) A member is in a conflict of interest where the member,
(a) has a personal or financial interest that influences or is likely to influence the exercise of the member’s professional expertise or judgment in respect of the treatment or referral of a patient;
(b) enters into an arrangement or agreement that influences or is likely to influence the member’s ability to properly exercise his or her professional expertise or judgment in respect of the treatment or referral of a patient;
(c) offers or confers a benefit to a person in connection with the referral of a patient to the member;
(d) accepts a benefit that is related to the member referring a patient to any other person;
(e) accepts or confers a benefit relating to any ophthalmic materials, appliances or equipment, that influences or is likely to influence the exercise of the member’s professional judgment respecting the purchase or use of the materials, appliances or equipment;
(f) enters into any arrangement or agreement respecting a lease or the use of premises or equipment used in the practice of the profession under which any amount payable is related to the amount of fees charged or the volume of business carried out by the member;
(g) subject to subsection 4 (5), engages in the practice of the profession in a working arrangement with another person except,
(i) with a member who is engaged in the practice of the profession,
(ii) with a member of the College of Physicians and Surgeons of Ontario who is engaged in the practice of medicine,
(iii) as an employee or agent of a government or government agency, health centre, university or hospital,
(iv) as an employee of a corporation, other than one referred to in subclause (iii) for the purpose of providing services solely to the employees of that corporation, or
(v) under an arrangement approved by Council;
(h) shares fees related to the practice of the profession with any person other than,
(i) another member, or
(ii) a member of the College of Physicians and Surgeons of Ontario engaged in the practice of medicine. O. Reg. 24/14, s. 1.
4. (1) Despite clause 3 (2) (a), a member is not in a conflict of interest if the member discloses to the patient the nature of the member’s personal or financial interest to the patient before providing professional services. O. Reg. 24/14, s. 1.
(2) A member is not in a conflict of interest in connection with making a recommendation about the referral of a patient that has the potential to benefit a person who is in a non-arm’s length relationship with the member, if the member receives no benefit for the referral and if, before making the recommendation, the member discloses to the patient the nature of the relationship between the member and the person who is in a non-arm’s length relationship with the member. O. Reg. 24/14, s. 1.
(3) A member is not in a conflict of interest in connection with the member receiving a patient referred from a person who is in a non-arm’s length relationship with the member if the member receives no benefit in relation to the referral and if, before providing professional services, the member discloses to the patient the nature of the relationship between the member and the person who is in a non-arm’s length relationship with the member. O. Reg. 24/14, s. 1.
(4) A member is not required to disclose his or her financial interest in an optometry professional corporation in which he or she is a shareholder in order to obtain the benefit of subsection (1), (2) or (3) if the fact that the member engages in the practice of optometry in an optometry professional corporation was made known to the patient. O. Reg. 24/14, s. 1.
(5) No conflict of interest arises under clause 3 (2) (g) where the member engages in the practice of the profession as an independent contractor with another person in accordance with a written agreement that states that the member,
(a) shall control the professional services provided to a patient;
(b) shall control who he or she may accept as a patient;
(c) shall provide every patient or his or her authorized representative with a copy of his or her prescription;
(d) shall set the fee charged or collected in respect of any professional service;
(e) shall control the maintenance, custody and access to the records required to be kept in respect of the practice of the profession;
(f) shall have access, along with his or her staff, to the premises where the member practises and to the books and records related to his or her practice, at any time of the day or night; and
(g) shall ensure that any advertising relating to the professional services provided by the member meets the requirements set out in regulations made under the Act. O. Reg. 24/14, s. 1.
(6) For the purpose of subsection (5),
“independent contractor” means a person who practises the profession under an agreement with another, but who is independent and not controlled by the other or subject to the other’s right to control respecting the member’s conduct in the practice of the profession. O. Reg. 24/14, s. 1.
PART IV
RECORDS
7. (1) A member shall take all reasonable steps necessary to ensure that records in relation to his or her practice are kept in accordance with this Part. O. Reg. 749/94, s. 3.
(2) Reasonable steps under subsection (1) shall include the verification by the member, at reasonable intervals, that the records are kept in accordance with this Part. O. Reg. 749/94, s. 3.
8. Every member shall keep a daily appointment record that sets out the name of each patient whom the member examines or treats or to whom the member provides any service. O. Reg. 749/94, s. 3.
9. (1) Every member shall keep a financial record for each patient. O. Reg. 749/94, s. 3.
(2) The financial record must include the member’s fees for services and any commercial laboratory costs charged to the member. O. Reg. 749/94, s. 3.
10. (1) Every member shall keep a patient health record for each patient. O. Reg. 749/94, s. 3.
(2) The patient health record must include the following:
1. The name and address of the patient and the name of the member who provided the service.
2. The date of each visit of the patient.
3. The name and address of any referring health professional.
4. The patient’s health and oculo-visual history.
5. The clinical procedures used.
6. The clinical findings obtained.
7. The diagnosis, when possible.
8. Every order made by the member for examinations, tests, consultations or treatments to be performed by any other person.
9. Particulars of every referral to or from another health professional.
10. Information about every delegation of a controlled act within the meaning of subsection 27 (2) of the Regulated Health Professions Act, 1991, delegated by the member.
11. Information about a procedure that was commenced but not completed, including reasons for non-completion.
12. A copy of every written consent to treatment. O. Reg. 749/94, s. 3.
(3) Every part of a patient health record must be dated and have a reference identifying the patient or the patient health record. O. Reg. 749/94, s. 3.
(4) Every entry in the patient health record must be dated and the person who made the entry must be readily identifiable. O. Reg. 749/94, s. 3.
(5) Every patient health record shall be retained for at least 10 years following,
(a) the patient’s last visit; or
(b) if the patient was less than 18 years old at the time of his or her last visit, the day the patient became or would have become 18 years old. O. Reg. 749/94, s. 3.
11. (1) The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code:
1. Allowing any person to examine a patient health record or giving a copy of a document or any information from a patient health record to any person except as required by law or as required or allowed by this section.
2. Failing to provide copies from a patient health record for which the member has primary responsibility, as required by this section. O. Reg. 749/94, s. 3.
(2) A member shall provide copies from a patient health record for which the member has primary responsibility to any of the following persons on request:
1. The patient.
2. A personal representative who is authorized by the patient to obtain copies from the record.
3. If the patient is dead, the patient’s legal representative.
4. If the patient lacks capacity to give an authorization described in paragraph 2,
i. a committee of the patient appointed under the Mental Incompetency Act,
ii. a person to whom the patient is married,
iii. a person, with whom the patient is living in a conjugal relationship outside marriage, if the patient and the person,
A. have cohabited for at least one year,
B. are together the parents of a child, or
C. have together entered into a cohabitation agreement under section 53 of the Family Law Act,
iv. the patient’s son or daughter,
v. the patient’s parent. O. Reg. 749/94, s. 3; O. Reg. 390/06, s. 1.
(3) It is not an act of professional misconduct under paragraph 2 of subsection (1) for a member to refuse to provide copies from a patient health record until the member is paid a reasonable fee. O. Reg. 749/94, s. 3.
(4) A member may provide copies from a patient health record for which the member has primary responsibility to any person authorized by or on behalf of a person to whom the member is required to provide copies under subsection (2). O. Reg. 749/94, s. 3.
(5) A member may, for the purposes of providing health care, allow a health professional to examine the patient health record or give a health professional a copy of a document or any information from the record. O. Reg. 749/94, s. 3.
12. For record keeping required by this Part, a member may use computer, electronic or other equipment for recording, storing and retrieval of records if,
(a) the record keeping system provides ready access by an authorized investigator, inspector or assessor of the College, or the patient or the patient’s representative to the records;
(b) ancillary equipment is readily available for the making of hard copies of the record at no expense to an authorized investigator, inspector or assessor of the College;
(c) the equipment or software being used is such that no amendment, correction, addition or deletion can be made to any record which obliterates the original record or does not show the date of the change. O. Reg. 749/94, s. 3.
PARTS V-VII (ss. 13-20) Revoked: O. Reg. 56/00, s. 1.
PART VIII
PRESCRIBED DISEASES
21. For the purposes of clause 3 (c) of the Optometry Act, 1991, the following are prescribed diseases:
1. In relation to diagnosis and prevention, diseases of the eye and vision system that can be determined by the findings from an oculo-visual assessment.
2. In relation to treatment, diseases of the eye and vision system that can be treated by other than the application of surgery. O. Reg. 152/97, s. 1; O. Reg. 111/11, s. 1.
22. For the purposes of paragraph 1 of section 4 of the Optometry Act, 1991, a “prescribed disease” is any disease limited to and manifested in the eye and vision system that was determined by the findings from an oculo-visual assessment. O. Reg. 152/97, s. 1.
PART IX
QUALITY ASSURANCE
Definitions
23. In this Part,
“assessor” means an assessor appointed under section 81 of the Health Professions Procedural Code;
“clinical ability” means, in relation to a member, the member’s knowledge, skills and judgment relating to practising optometry;
“Committee” means the Quality Assurance Committee;
“deficiencies in the member’s practice” means one or more aspects of the member’s practice that are not in accordance with the standards of practice of the profession;
“deficient clinical ability” means, in relation to a member, a level of knowledge, skills or judgment that makes the member’s clinical performance unsatisfactory;
“remedial program” means a specific education program that a member is required to undertake for the purpose of correcting deficient clinical ability. O. Reg. 250/99, s. 2.
Quality Assurance Program: Objects and Components
24. The objects of the quality assurance program, which is administered by the Committee, are to maintain and enhance the knowledge, skills and judgment of members so that appropriate care of high quality is provided to the public. O. Reg. 250/99, s. 2.
25. The quality assurance program shall include the following components:
1. A mandatory continuing education component.
2. An assessment component to appraise the practice of members.
3. An evaluation component to evaluate a member’s clinical ability.
4. A remedial component to assist a member in correcting any deficiencies in the member’s practice or clinical ability.
5. A component to assist in appraising the practice or evaluating the clinical ability of an applicant for registration when referred by the Registration Committee or the Registrar.
6. A component to provide for assessment and rehabilitation of a member who has allegedly exhibited inappropriate behaviour or made inappropriate remarks of a sexual nature towards a patient.
7. A component to obtain information from members to assist the Committee in carrying out the program’s objects. O. Reg. 250/99, s. 2.
Mandatory Continuing Education
26. (1) Every member shall participate in a mandatory continuing education program established and administered by the Committee. O. Reg. 250/99, s. 2.
(2) The requirements of the program and any changes to them shall be approved by the Council, published by the College and distributed to the members. O. Reg. 250/99, s. 2.
Practice Assessment
27. (1) A member is required to undergo a practice assessment if,
(a) the member’s name is selected at random in accordance with the random sampling process approved by the Council, published by the College and distributed to the members;
(b) the member is referred to the Committee by the Registrar pursuant to subsection 8 (2) of Ontario Regulation 837/93; or
(c) the member is referred to the Committee by the Complaints Committee, Discipline Committee or Executive Committee. O. Reg. 250/99, s. 2.
(2) An assessment shall include the inspection and assessment of the member’s records of the care of patients and other records required to be maintained under the regulations under the Act, and may include, but is not limited to, an inspection of the member’s office or offices and requiring the member to respond to a practice questionnaire. O. Reg. 250/99, s. 2.
(3) A written report shall be prepared in relation to the assessment of a member’s practice. O. Reg. 250/99, s. 2.
(4) The Committee shall provide a copy of the report to the member and notify the member in writing of the right to make written submissions provided under subsection (5). O. Reg. 250/99, s. 2.
(5) A member who receives a report under subsection (4) may make written submissions to the Committee within 14 days after receiving the report. O. Reg. 250/99, s. 2.
(6) The Committee may, after considering an assessment report, any other information that the Committee considers relevant to the assessment and the member’s written submissions, if any, decide,
(a) that no further action is required; or
(b) that there are deficiencies in the member’s practice. O. Reg. 250/99, s. 2.
(7) If the Committee determines that there are deficiencies in the member’s practice, the Committee shall,
(a) make written recommendations to the member on ways to correct the deficiencies and give the member an opportunity to correct them;
(b) subject to section 29, require the member to successfully complete within the time specified by the Committee continuing education activities approved by the Committee to assist in the correction of deficiencies in the member’s practice; or
(c) subject to section 29, require the member to undergo an evaluation of the member’s clinical ability. O. Reg. 250/99, s. 2.
(8) If the Committee acts under clause (7) (a) and the member has had an opportunity to correct the deficiencies, the Committee may require the member to undergo a reassessment of the practice, and subsections (2), (3), (4), (5), (6) and (7) apply to the reassessment. O. Reg. 250/99, s. 2.
(9) If the Committee acts under clause (7) (b), the Committee,
(a) may require the member to undergo a reassessment of the practice before the completion of the continuing education activities; and
(b) shall require the member to undergo a reassessment of the practice after completion of the continuing education activities. O. Reg. 250/99, s. 2.
(10) Subsections (2), (3), (4), (5), (6) and (7) apply to a reassessment under subsection (9). O. Reg. 250/99, s. 2.
(11) The Committee may not require more than two reassessments under this section. O. Reg. 250/99, s. 2.
Evaluation of Member’s Clinical Ability
28. (1) If the Committee requires a member to undergo an evaluation of his or her clinical ability under clause 27 (7) (c), the Committee shall appoint a person or persons to carry out the evaluation. O. Reg. 250/99, s. 2.
(2) The evaluation may include,
(a) requiring the member to answer, orally or in writing, questions that relate to practising optometry;
(b) requiring the member to answer, orally or in writing, questions that arise from a review of real or simulated patient charts;
(c) requiring the member to examine persons or clinical simulations exhibiting problems that relate to practising optometry; and
(d) requiring the member to demonstrate the application of optometric techniques. O. Reg. 250/99, s. 2.
(3) The person or persons shall prepare a written report and submit it to the Committee. O. Reg. 250/99, s. 2.
(4) After receiving the report, the Committee shall provide a copy of the report to the member and notify the member in writing of the right to make written submissions provided under subsection (5). O. Reg. 250/99, s. 2.
(5) A member who receives a report under subsection (4) may make written submissions to the Committee within 14 days after receiving the report. O. Reg. 250/99, s. 2.
(6) After considering the evaluation report, the assessment report, other information the Committee considers relevant to the evaluation and the member’s written submissions, if any, the Committee may decide,
(a) that the deficiencies in the member’s practice were not the result of deficient clinical ability; or
(b) that the member has deficient clinical ability. O. Reg. 250/99, s. 2.
(7) If the Committee decides that the deficiencies in the member’s practice are not the result of deficient clinical ability, it may,
(a) make written recommendations to the member on ways to correct the deficiencies in the member’s practice and give the member an opportunity to correct them; or
(b) subject to section 29, require the member to successfully complete within the time specified by the Committee continuing education activities approved by the Committee to assist in the correction of deficiencies in the member’s practice. O. Reg. 250/99, s. 2.
(8) If the Committee decides that the member has deficient clinical ability, it may,
(a) make written recommendations to the member on ways to correct the deficiencies and give him or her an opportunity to correct them; or
(b) subject to section 29, require the member to complete a remedial program approved by the Committee, within the time specified by the Committee; or
(c) subject to section 29 and subsection 30 (1), direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months. O. Reg. 250/99, s. 2.
(9) If the Committee acts under clause (7) (a) or (8) (a) and the member has had an opportunity to correct the deficiencies, the Committee may require the member to undergo a reassessment of the practice, and subsections 27 (2), (3), (4), (5), (6) and (7) apply to the reassessment. O. Reg. 250/99, s. 2.
(10) At such time as it determines after the member has completed the continuing education activities required under clause (7) (b) or the remedial program required under clause (8) (b), the Committee may require the member to undergo a reassessment of the practice, and subsections 27 (2), (3), (4), (5), (6) and (7) apply to the reassessment. O. Reg. 250/99, s. 2.
(11) If the Committee takes action under subsection (8) and the member has had an opportunity to correct the deficiencies, completed or had the opportunity to complete a remedial program or had terms, conditions or limitations placed on his or her certificate of registration under this section, the Committee may require the member to undergo a re-evaluation, and the provisions of this section apply with necessary modifications to such a re-evaluation. O. Reg. 250/99, s. 2.
(12) The Committee may not require more than two reassessments under each of subsections (9) and (10) and more than one re-evaluation under subsection (11). O. Reg. 250/99, s. 2.
29. (1) The Committee shall not take action under clause 27 (7) (b) or (c), clause 28 (7) (b) or clause 28 (8) (b) or (c) unless it gives the member,
(a) written notice that, in the Committee’s opinion, there are deficiencies in the member’s practice or that the member has deficient clinical ability;
(b) a copy of all reports and other documents that the Committee considered in forming its opinion;
(c) at least 14 days after receiving the notice to make written submissions to the Committee; and
(d) if the member so requests in writing within 14 days after receiving the notice, an opportunity to confer with the Committee. O. Reg. 250/99, s. 2.
(2) After considering any submissions, whether written or oral, the Committee shall decide what action to take and, if it decides to take action under the provisions referred to in subsection (1), shall forward its written decision, with reasons, to the member. O. Reg. 250/99, s. 2.
Imposition of Terms, Conditions or Limitations on a Member’s Certificate of Registration
30. (1) Subject to subsection (4), the Committee may direct the Registrar to impose terms, conditions or limitations on the member’s certificate of registration for a specified period not exceeding six months if,
(a) the Committee decides that the member has deficient clinical ability; or
(b) the member has failed to successfully complete a remedial program within the period of time specified by the Committee. O. Reg. 250/99, s. 2.
(2) If the Committee has given a direction under subsection (1), it may give another direction for a second specified period not exceeding six months but it may not give a third direction for a further period of time. O. Reg. 250/99, s. 2.
(3) The Committee may direct the Registrar to remove any of the terms, conditions or limitations that have been imposed before the end of the period if it is satisfied that the member’s knowledge, skills and judgment are satisfactory. O. Reg. 250/99, s. 2.
(4) The Committee shall not direct the Registrar under subsection (1) unless the member has been given,
(a) notice of the Committee’s intention to direct the Registrar and of the reasons it believes the direction should be given;
(b) a copy of all reports and other documents that have been considered by the Committee in connection with the matter;
(c) at least 30 days after receiving the notice under clause (a) to make written submissions to the Committee; and
(d) if the member makes such a request in writing within 30 days after receiving the notice, an opportunity to confer with the Committee. O. Reg. 250/99, s. 2.
Applicants for Registration
31. (1) If a person is applying for registration, the Committee shall, on the request of the Registration Committee or the Registrar, review the applicant’s patient records and any other records the Committee considers appropriate in order to assess the applicant’s ability to practise in accordance with the standards of practice in Ontario. O. Reg. 250/99, s. 2.
(2) An assessor appointed by the Committee may assist it with the review. O. Reg. 250/99, s. 2.
(3) The Committee shall provide a written report of the results of its review to the Registrar, or to the Registration Committee if the latter requested the review. O. Reg. 250/99, s. 2.
(4) The Registrar shall provide a copy of the report to the applicant. O. Reg. 250/99, s. 2.
32. (1) If a person is applying for registration to practise, the Committee shall, on the request of the Registration Committee or the Registrar, ensure that an evaluation of the applicant’s clinical ability is carried out. O. Reg. 250/99, s. 2.
(2) The Committee shall appoint a person or persons to carry out the evaluation. O. Reg. 250/99, s. 2.
(3) The evaluation may include,
(a) requiring the applicant to answer, orally or in writing, questions that relate to practising optometry;
(b) requiring the applicant to answer, orally or in writing, questions that arise from the review of real or simulated patient charts;
(c) requiring the applicant to examine persons or clinical simulations exhibiting problems that relate to practising optometry; and
(d) requiring the applicant to demonstrate the application of optometric techniques. O. Reg. 250/99, s. 2.
(4) The person or persons shall prepare a written report and submit it to the Committee. O. Reg. 250/99, s. 2.
(5) The Committee shall provide a written evaluation of the results of its review to the Registrar, or to the Registration Committee if the latter requested the review. O. Reg. 250/99, s. 2.
(6) The Registrar shall provide a copy of the evaluation to the applicant. O. Reg. 250/99, s. 2.
Measures Following Alleged Behaviour or Remarks of a Sexual Nature
33. (1) The Committee may require a member to undergo a psychological assessment or other assessment specified by the Committee if a matter respecting the member is referred to the Committee,
(a) by a panel of the Complaints Committee acting under paragraph 4 of subsection 26 (2) of the Health Professions Procedural Code with respect to clause (c) of the definition of “sexual abuse” in subsection 1 (3) of the Code; or
(b) by the Executive Committee, the Complaints Committee or the Board under section 79.1 of the Code. O. Reg. 250/99, s. 2.
(2) The Committee may require a member to undertake and complete within a specified time a measure specified by the Committee, such as education, therapy or counselling, if,
(a) the Committee has received a report of an assessment of a member required by the Committee under subsection (1); and
(b) the Committee is satisfied that the member suffers from an emotional or personality condition that may adversely affect his or her professional behaviour. O. Reg. 250/99, s. 2.
(3) The Committee shall not take action under subsection (2) unless it gives the member,
(a) a copy of the report of the assessment;
(b) written notice of the measure the Committee intends to require;
(c) at least 14 days after receiving the notice to make written submissions to the Committee; and
(d) if the member so requests in writing within 14 days after receiving the notice, an opportunity to confer with the Committee. O. Reg. 250/99, s. 2.
(4) Subject to subsection (5), the Committee may direct the Registrar to impose terms, conditions or limitations on a member’s certificate of registration for a specified period not exceeding six months if,
(a) the member refuses to undergo an assessment under subsection (1);
(b) the member refuses to undertake or complete the measure required by the Committee or complete it within the specified time; or
(c) the Committee has been advised that the condition is not likely to be remediable and is of the opinion that the member’s condition has exposed or is likely to expose the member’s patients to harm or injury. O. Reg. 250/99, s. 2.
(5) No direction shall be given to the Registrar under subsection (4) unless,
(a) the member has been given notice of the Committee’s intention to give the direction and of the reasons it believes the direction should be given;
(b) the member has been given a copy of all reports and other documents that have been considered by the Committee in connection with the matter;
(c) the member has been given at least 30 days after receiving the notice and documents under this subsection to make written submissions to the Committee; and
(d) if the member so requests in writing within 30 days after receiving the notice and documents under this subsection, the opportunity to confer with the Committee. O. Reg. 250/99, s. 2.
(6) The Committee may direct the Registrar to remove any of the terms, conditions or limitations imposed on a member’s certificate of registration under this section before the end of the specified period if the Committee is satisfied that they are no longer needed. O. Reg. 250/99, s. 2.
(7) The following shall not be used as evidence that the member has committed an act of professional misconduct:
1. Any admission by the member to the Committee or to a person conducting an assessment under subsection (1) of exhibiting behaviour or making remarks of a sexual nature.
2. The results of any assessment undergone by the member under subsection (1) or measures undertaken under subsection (2). O. Reg. 250/99, s. 2.
(8) If terms, conditions or limitations are imposed on a member’s certificate of registration under this section, the Committee shall report the matter to the Executive Committee. O. Reg. 250/99, s. 2.
Information
34. (1) At the Committee’s request, the Registrar shall forward to the members a request for information from members in order to assist the Committee in carrying out the objects of the quality assurance program. O. Reg. 250/99, s. 2.
(2) Members shall provide the Registrar with accurate information in response to the request within 30 days of receiving it. O. Reg. 250/99, s. 2.
PART X
NOTICE OF MEETINGS AND HEARINGS
35. (1) The Registrar shall ensure that notice is given in accordance with this Part with respect to each of the following that is required to be open to the public under the Act:
1. A meeting of the Council.
2. A hearing of the Discipline Committee respecting allegations of a member’s professional misconduct or incompetence. O. Reg. 7/08, s. 1.
(2) The notice must, where possible, be posted not less than 14 days before the date of the meeting or hearing on the website of the College. O. Reg. 7/08, s. 1.
(3) The notice must be published in English and in French. O. Reg. 7/08, s. 1.
(4) The notice must include,
(a) the date, time and location of the meeting or hearing;
(b) a statement of the purpose of the meeting or hearing including, in the case of a hearing, the name of the member against whom the allegations have been made and the member’s principal place of practice; and
(c) an address and telephone number at which further information about the meeting or hearing may be obtained. O. Reg. 7/08, s. 1.
(5) The Registrar shall give notice of a meeting or hearing that is open to the public to every person who requests it. O. Reg. 7/08, s. 1.
(6) No meeting or hearing is invalid simply because a person has not complied with a requirement of this Part. O. Reg. 7/08, s. 1.
36. Revoked: O. Reg. 7/08, s. 1.