1. (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. 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. alternative services are arranged, or iii. the patient is given a reasonable opportunity to arrange alternative services. A member may discontinue services pending payment of an outstanding account for services already provided, unless the needed services are of an emergency nature. 7. Discontinuing professional services contrary to the terms of an agreement between the member and a hospital within the meaning of the Public Hospitals Act. 8. Practising the profession while the member is in a conflict of interest. 9. Breaching an agreement with a patient relating to professional services for the patient or fees for such services. 10. Failing to reveal the exact nature of a secret remedy or treatment used by the member following a patient’s request to do so. 11. Making a misrepresentation with respect to a remedy, treatment or device. 12. 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. 13. Failing to refer a patient to a regulated health professional when the member recognizes or should recognize a condition of the eye or vision system that appears to require such referral and examination. 14. Failing to make available to a patient who requests one a written, signed and dated prescription for a subnormal vision device, contact lenses or eyeglasses. 15. Dispensing to a patient a contact lens, other than for diagnostic or emergency purposes, that the member knows or should know is not new. 16. Recommending or providing unnecessary diagnostic or treatment services. 17. Failing to maintain the standards of practice of the profession. 18. Delegating a controlled act in contravention of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts. 19. Performing a controlled act which has not been delegated to the member in accordance with the regulations. 20. Ordering a person who is under the supervision of a member to perform an act, or supervising an act, in the practice of optometry that is not consistent with the regulations. 21. Permitting, counselling or assisting any person who is not a member to perform an act which should be performed by a member. Representations about Members and their Qualifications 22. Using a title, term or designation in respect of the member’s practice in contravention of section 2. 23. Using in any way with respect to the member’s practice the name of another member whose practice the member acquired, after a period of three years from the date of the acquisition. 24. Engaging in the practice of optometry by employment, association, partnership or otherwise in more than three locations or holding out that the member is doing so, without the approval of the Council. 25. Causing or permitting, directly or indirectly, a publication through any medium of communications that has a relation to or a bearing on a member’s practice that, i. is not relevant to the public’s ability to make an informed choice, ii. is false or deceptive by reason of inclusion or omission of information including any suggestion that the member is a specialist unless the member holds a specialist certificate recognized by the College, iii. refers to any services that the member does not provide, iv. contains comparative or superlative statements or testimonials by patients, former patients, friends or relatives of patients or former patients, v. contains an endorsement by any person or organization, vi. refers to a particular drug or particular brand of product or equipment used to provide optometric service, vii. contains statements that are persuasive or create expectations of favourable results or appeals to the fears of the persons to whom the statements are directed, viii. is not factual, verifiable and readily comprehensible to the persons to whom it is directed; ix. is part of any communication, advertisement, listing, promotion or offering of any product or service by a non-member, or x. could be regarded by the profession as demeaning the integrity or dignity of the profession or being likely to bring the profession into disrepute. 25.1 Appearing in, or permitting the use of a member’s name in, an advertisement or communication that implies, or could be reasonably interpreted to imply, that the professional expertise of the member is relevant to the subject matter of the advertisement or communication. Record Keeping and Reports 26. Giving information concerning the condition of a patient or any services rendered to 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 by law. 27. Failing to make and maintain records as required by the regulations. 28. Falsifying a record relating to a member’s practice, including records of observations, clinical findings or treatment of patients. 29. Signing or issuing, in the member’s professional capacity, a certificate, report or similar document that contains a statement the member knows or should know is false, misleading or otherwise improper, or that withholds statements or information that the member knows or ought to know should be disclosed. 30. Failing, without reasonable cause, to provide within a reasonable time any report or certificate requested by a patient or his or her authorized representative in respect of an examination or treatment provided by the member. 31. Failing to make arrangements with a patient for access to or for transfer of the records of the patient to another member when requested to do so by the patient, or when the member closes an office location or retires from practice. Business Practices 32. Submitting an account for services rendered to a patient that the member knows or should know is false or misleading. 33. Charging fees that are excessive or unreasonable in relation to the services performed. 34. Charging a fee for a service that exceeds the fee set out in the schedule of fees published by the Ontario Association of Optometrists at the time the service was rendered without informing the patient, before the service is performed, of the excess amount that will be charged. 34.1 Charging a block fee, which is a fee charged for services that are not insured services as defined in section 1 of the Health Insurance Act and is a set fee regardless of how many services are rendered, unless the fee is for, or related to, i. spectacle treatment, ii. binocular vision treatment, iii. contact lens treatment, or iv. subnormal vision treatment. 34.2 Charging a fee for an undertaking not to charge for a service or class of services. 34.3 Charging a fee for an undertaking to be available to provide services to a patient. 35. Failing to issue a statement or receipt to a patient or to a third party responsible for the payment of the account of a patient. 36. Issuing a statement or receipt which does not, i. itemize the services provided and the fees charged, ii. describe the ophthalmic appliances utilized by the member in the performance of the services, or iii. set out the commercial laboratory cost incurred by the member in the provision of the services. 37. Charging or receiving payment for contact lenses, a subnormal vision device or eyeglasses in excess of the commercial laboratory cost incurred by the member in the provision of the service. 38. Charging or receiving more than the amount payable to an insured person under the Ontario Health Insurance Plan for the insured service. 39. 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. 40. Accepting payment before performing an optometric service that is not an insured service within the meaning of the Health Insurance Act, unless the patient is informed of his or her right to refuse to make payment before the service is performed, and the patient consents to make the payment in advance. This does not apply to the payment of a commercial laboratory fee to be incurred by a member in connection with the service. 41. Accepting a credit card to obtain payment for an optometric service unless the provider of the credit card agrees to rely solely on the provider’s agreement with the credit card holder or on the credit card sales slip, and not on the member’s patient records, to enforce payment. 42. Requesting payment for a service that is an insured service within the meaning of the Health Insurance Act before performing the service. 43. Displaying or permitting the display of ophthalmic appliances that may be seen from the exterior of the premises in which a member is engaged in the practice of optometry. 44. Contacting or communicating personally with, or causing or permitting any person to contact or communicate personally with, potential patients for the purpose of soliciting patients. Miscellaneous Matters 45. Refusing to allow an authorized representative of the College to enter at a reasonable time the office or offices where the member practises optometry for the purposes of inspecting or removing the member’s records and equipment. 46. Failing to co-operate with the Quality Assurance Committee or its assessors. 47. Failing to comply with an order of the Complaints Committee requiring the member to appear before the committee to be cautioned or admonished. 48. Failing to abide by a written undertaking given by the member to the College or its committees, or to carry out an agreement entered into with the College or its committees. 49. Being convicted of an offence that affects the fitness of a member to practise optometry. 50. Contravening the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts. 51. Failing to co-operate with a representative of another College on production of an appointment under section 76 of the 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. 52. Failing to provide to a patient who requests them the practice address and telephone number of a member who formerly practised in association or in partnership with the member when the member knows or ought to know this information. 53. 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. 54. Influencing a patient to change his or her will or other testamentary instrument. 55. Selling any debt owed to the member for professional fees or charges. This does not include the assignment of any debt owed or the use of credit cards to pay for professional fees or charges. O. Reg. 859/93, s. 1; O. Reg. 860/93, s. 1 (1); O. Reg. 120/94, s. 1. (2) Paragraphs 34.1, 34.2 and 34.3 of subsection (1) do not apply in a case where a member charges a fee to a third party for a third party service under the Health Insurance Act. O. Reg. 860/93, s. 1 (2).