Acts of professional misconduct
  2. (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. Failing to maintain a standard of practice of the profession. 3. Failing to advise a patient or the patient’s authorized representative to consult another member of a health profession within the meaning of the Regulated Health Professions Act, 1991, where the member knows or ought to know that the patient requires a service that the member does not have the knowledge, skill or judgment to offer or is beyond his or her scope of practice. 4. Performing a professional service that the member knows or ought to know he or she does not have the knowledge, skill or judgment to perform. 5. Abusing a patient emotionally, verbally or physically. 6. Practising the profession while the member’s ability to do so is impaired or adversely affected by any substance, condition, dysfunction, disorder or circumstance that the member knows or ought to know impairs or adversely affects his or her ability to practise. 7. Performing a controlled act that is otherwise authorized to the member where the performance of that act is for an improper purpose. 8. Discontinuing professional services that are needed unless the discontinuation would reasonably be regarded by members as appropriate having given consideration to, i. the member’s reasons for discontinuing the services, ii. the condition of the patient, iii. the availability of alternate services, and iv. the opportunity given to the patient to arrange alternate services before the discontinuation. 9. Practising the profession while the member is in a conflict of interest as described in Part II. 10. Breaching an agreement with a patient or a patient’s representative relating to professional services for the patient or fees for such services. 11. Failing to provide an appropriate level of supervision to a person whom the member is professionally obligated to supervise. Representations about Members 12. Inappropriately using a term, title or designation in respect of the member’s practice. 13. Inappropriately using a term, title or designation indicating or implying a specialization in the profession. 14. 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 15. Failing to keep records as required respecting the member’s patients or practice. 16. Falsifying a record relating to the member’s practice or a person’s health record. 17. 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. 18. Failing to keep confidential personal health information or other personal information concerning a patient, except with the consent of the patient or the patient’s authorized representative or as permitted or required by law. 19. Accessing a person’s health record without a professional reason to do so. Business Practices 20. Submitting an account or charge for services or products that the member knows or ought to know is false or misleading. 21. Charging a fee or amount that is excessive in relation to the service or product provided. 22. Entering into any agreement that restricts a person’s choice of a pharmacist without the consent of the person. Miscellaneous Matters 23. Contravening the Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts. 24. Permitting, consenting to or approving, either expressly or by implication, any act that contravenes Part V of Ontario Regulation 264/16 (General) made under the Drug and Pharmacies Regulation Act. 25. Soliciting or permitting the solicitation of an individual in person, by telephone, electronic communications or other means unless, i. the person who is the subject of the solicitation is advised, at the earliest possible time during the communication, that, A. the purpose of the communication is to solicit use of the member’s professional services, and B. the person may elect to have the member end the solicitation immediately or at any time during the solicitation if he or she wishes to do so, and ii. the solicitation ends immediately if the person who is the subject of the solicitation so elects. 26. Contravening any federal, provincial or territorial law or municipal by-law, i. with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or product, the administering of any substance, or the piercing of the dermis, ii. whose purpose is to protect or promote public health, or iii. that is otherwise relevant to the member’s suitability to practise. 27. Influencing a patient to change his or her will or other testamentary instrument. 28. Returning to stock or re-selling or re-dispensing a drug that was previously sold or dispensed. However, it will not be professional misconduct for a member to, i. return to stock or re-sell or re-dispense a drug that does not require refrigeration, that is listed on Schedule II or Schedule III and that is in its original, unopened packaging, or ii. accept the return of a drug from a patient for purposes of re-packaging and re-dispensing the drug to the same patient, as long as the drug is suitable for re-packaging. 29. Dispensing, selling or compounding a drug, or administering a substance, that the member knows or ought to know is not of good quality or does not meet the standards required by law or, in the case of a drug, does not contain a substance that the drug is meant to contain. 30. Knowingly permitting the premises in which a pharmacy is located to be used for unlawful purposes, where such purposes may reasonably be regarded by members as likely to demean the integrity or dignity of the profession or bring the profession into disrepute. 31. Permitting, consenting to, approving, counselling or assisting, whether expressly or by implication, the commission of an offence against any Act relating to the practice of pharmacy or the sale of drugs. 32. Permitting, counselling or assisting, whether expressly or by implication, any member to contravene, or to practise in a manner that is inconsistent with, a term, condition or limitation on that member’s certificate of registration. 33. Failing to co-operate with an inspector of the College appointed for purposes of the Drug and Pharmacies Regulation Act. 34. Failing to reply within a reasonable time to a written or electronic inquiry or request from the College. 35. Failing to comply with an order of a Committee or a panel of a Committee of the College. 36. Failing to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned. 37. Failing to carry out or abide by an undertaking given to the College or breaching an agreement with the College, a Committee of the College or the Registrar. 38. Practising the profession while the member’s certificate of registration is under suspension. 39. Engaging in conduct or performing an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. 40. Engaging in conduct that is unbecoming a member. (2) A member shall be deemed to have committed an act of professional misconduct if the governing body of a health profession in a jurisdiction other than Ontario has made a finding of incompetence or professional misconduct or a similar finding against the member, and the finding is based on facts which would, in the opinion of the College, be grounds for a finding of incompetence as defined in section 52 of the Health Professions Procedural Code or would be an act of professional misconduct as described in clause 51 (1) (a), (b.0.1), (b.1) or (c) of the Health Professions Procedural Code. (3) A member shall be deemed to have committed an act of professional misconduct if, (a) the governing body of a health profession in a jurisdiction other than Ontario has provided records to the College evidencing that an allegation of professional misconduct or incompetence or a similar allegation has been made against the member and he or she has entered into an agreement or compromise with the governing body in order to settle the matter without a finding of misconduct or incompetence or a similar finding being made; (b) the College is satisfied that the records are authentic, accurate and complete; and (c) the act or omission that is the subject of the allegation would, in the opinion of the College, be grounds for a finding of incompetence as defined in section 52 of the Health Professions Procedural Code or would be an act of professional misconduct as described in clause 51 (1) (a), (b.0.1), (b.1) or (c) of the Health Professions Procedural Code. Part II   Conflict of Interest