26. The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code: Advertising 1. Advertising or permitting advertising with respect to the member’s practice in contravention of the regulations under the Act. Records 2. Allowing any person to examine a client health record or giving any information, copy or thing from a client health record to any person except as required or allowed by law. 3. Failing to provide copies from a client health record for which the member has primary responsibility, as required by the regulations under the Act. 4. Failing to make arrangements with a client for the transfer of the client’s records in the care of the member, i. when the member retires from practice, ii. when the member changes office location and the client requests that the records be transferred, or iii. when requested to do so by the client. The Practice of the Profession and the Care of, and Relationship with, Clients 5. Contravening a term, condition or limitation imposed on the member’s certificate of registration. 6. Contravening a standard of practice of the profession or a published standard of the College, or failing to maintain the standard of practice of the profession. 7. Doing anything to a client 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 client, verbally or physically. 9. Practising 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 client requests the discontinuation, ii. alternative services are arranged, iii. the client is given a reasonable opportunity to arrange alternative services, or iv. the client is abusive, and the member has made all reasonable attempts to arrange alternative services. 11. Practising the profession while the member is in a conflict of interest. 12. Breaching an agreement with a client relating to professional services for the client or fees for such services. 13. Receiving any form of benefit from the practice of massage therapy while under suspension unless full disclosure is made by the member to the College of the nature of the benefit to be obtained and prior approval is obtained from the Executive Committee. 14. Employing or otherwise benefiting from a suspended member with respect to the practice of massage therapy unless full disclosure is made by the member to the College of the nature of the benefit to be obtained and prior approval is obtained from the Executive Committee. 15. Failing to maintain the member’s practice premises in a safe and sanitary manner. 16. Failing to reveal the exact nature of a secret remedy or treatment used by the member following a request to do so by a client, a client’s representative or the College. 17. Making a claim respecting the utility of a remedy, treatment, device or procedure other than a claim which can be supported as reasonable professional opinion. 18. Inappropriately using a term, title or designation in respect of the member’s practice. 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 massage therapy. 20. Failing to identify himself or herself, by name or certificate number, on the request of a client, a client’s representative or another health professional. 21. Failing to pay any money owing to the College. 22. Failing to take reasonable steps to ensure that any information provided by or on behalf of the member to the College is accurate. 23. Failing to reply appropriately or within a reasonable time to a written inquiry made by the College that requests a response. 24. Failing to attend an oral caution of the Complaints Committee or an oral reprimand of the Discipline Committee. 25. Failing to permit entry at a reasonable time or to co-operate with an authorized representative of the College conducting an inspection or examination of the member’s office, records, equipment or practice. Record Keeping 26. Failing to keep records as required. 27. Falsifying a record relating to the member’s practice. 28. 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 client or his or her authorized representative after a client or his or her authorized representative has requested such a report or certificate. 29. Signing or issuing, in the member’s professional capacity, a document that the member knows contains a false or misleading statement. Business Practices 30. Submitting an account or charge for services that the member knows is false or misleading. 31. Charging or accepting a fee or amount that is excessive or unreasonable in relation to the services performed. 32. Failing to post, in a location within the practice premises that is readily visible to members of the public, the fees for professional services provided by the member. 33. Charging a fee in excess of the posted fees, without the prior informed consent of the client. 34. Charging a fee less than the posted fees without noting the reduction and the reasons for it in the client’s financial record. 35. Charging or accepting a fee or amount under any agreement, if the fee or amount is excessive or unreasonable having regard to the services to be performed or that may be performed under the agreement. 36. Failing to advise, in advance of services being rendered, of the fees proposed to be charged for the services to be rendered. 37. 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. 38. Offering or giving a reduction for prompt payment of an account. 39. Failing to itemize an account for professional services, if requested to do so by the client or the person or agency who is to pay, in whole or in part, for the services. 40. Selling or assigning any debt owed to the member for professional services. This does not include the use of credit cards to pay for professional services. Miscellaneous Matters 41. Contravening the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts. 42. Failing to comply with section 27 respecting the use of a practice name. 43. 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. 44. Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. 45. Treating or attempting to treat a condition beyond the member’s competence. 46. Failing to refer a client to a qualified medical practitioner where the member recognizes or ought to have recognized a condition which requires medical examination. 47. With respect to the information return required under Ontario Regulation 864/93 (Registration) made under the Act on the renewal of a certificate of registration, making a false or misleading statement or declaration or failing to fully provide the information required. 48. Verbally or physically abusing an employee, agent, officer or other representative of the College. 49. Engaging in conduct that would reasonably be regarded by members as conduct unbecoming a massage therapist.  O. Reg. 748/94, s. 2; O. Reg. 208/07, s. 1.