27. (1) For the purposes of Part V of the Act, “professional misconduct” means: 1. Failure by a member to abide by the terms, conditions or limitations of his or her licence. 2. Failure to maintain the standard of practice of the profession. 3. Failure to maintain the records that are required to be kept in respect of a member’s patients or practice. 4. Exceeding the lawful scope of practice. 5. Using or having in the member’s place of practice drugs other than those prescribed or using drugs for purposes other than those specified in this Regulation. 6. Having a conflict of interest. 7. Using terms, titles or designations other than those authorized, or using terms, titles or designations that are prohibited by this Regulation. 8. Treating or attempting to treat a vision problem which the member recognizes or should have recognized as being beyond his or her experience or competence. 9. Failure of a member to refer a patient to a legally qualified medical practitioner when the member recognizes or should have recognized a condition of the eye or adnexa that appears to require medical examination. 10. Permitting, counselling or assisting any person who is not licensed under Part V of the Act to engage in the practice of optometry except as provided for in the Act or this Regulation. 11. Using in any way with respect to the member’s office the name of another member whose practice the member has acquired after a period of three years from the date of the acquisition. 12. Practising or holding out that the member is engaged in the practice of optometry or is associated in the practice of optometry in more than three offices or locations unless the Council has approved so doing. 13. Changing fees that are in excess of the schedule of fees of the Ontario Association of Optometrists without prior notification to the patient as to the excess amount of the fee. 14. Charging fees that are excessive in relation to the services performed. 15. Charging a fee for a service that is not performed. 16. Accepting a credit card to obtain payment for an optometrical service, i. that is prescribed as an insured service under Regulation 552 of the Revised Regulations of Ontario, 1990 (General), or ii. prior to rendering the optometrical service. 17. Accepting a credit card other than one defined in subsection (3) to obtain payment for an optometrical service. 18. Requesting payment for a service that is insured under the Health Insurance Act before providing a completed claim card for submission under that Act or before providing an itemized account of the service where a request is made for an itemized account by the patient or a representative of the patient. 19. Publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of optometry by a member other than, i. professional cards that contain only the name of the member, the vocational designation, the member’s address, academic degrees, telephone number and office hours, ii. a professional card in a newspaper or a weekly or monthly periodical where the professional card, A. does not exceed one standard newspaper column in width and five centimetres in depth including the margins, B. is not part of an advertisement containing a reference to ophthalmic appliances, and C. does not appear more than twice in any one issue of the newspaper or periodical, iii. appointment cards that do not contain more than the information contained in a professional card and the time and date of the appointment or appointments, iv. reminder notices to patients, v. announcement cards that do not state more than the information contained in a professional card and an announcement of the commencement of the practice of optometry, a change of location or a new association in practice, vi. one sign on the premises where the member is engaged in the practice of optometry, stating the name of the member and his or her vocational designation with lettering on the sign that does not exceed twenty centimetres in diagonal measurement, vii. door plates and listings on building directories on the premises where the member is engaged in the practice of optometry. 20. Associating with or being employed by any person who published, displays, distributes or uses any advertisement related to the practice of optometry by the member other than that which is provided for by paragraph 19. 21. Signing or issuing a certificate, report or similar document that contains a statement the member knows or ought to know is false, misleading or otherwise improper. 22. Signing or issuing a certificate, report or similar document that withholds statements or information the member knows or ought to know should be disclosed to the person to whom the member knows or ought to know the document will be delivered or to whom its contents will be made known. 23. Giving information concerning a patient’s vision to any person other than the patient without the consent of the patient unless required to do so by law. 24. Failing to provide within a reasonable time any report or certificate requested by a patient in respect of an examination or treatment provided by the member. 25. Knowingly submitting a false or misleading account or false or misleading charges for services tendered to a patient. 26. Falsifying a record in respect of observation or treatment of a patient. 27. Making a misrepresentation with respect to a remedy, treatment or device. 28. Failure to carry out the terms of an agreement with a patient. 29. Failure to continue to provide professional service to a patient until the services are no longer required or until the patient has had a reasonable opportunity to arrange for the services of another member. 30. Failure to make arrangements with a patient for access to or for transfer of the records of the patient when the member changes office location or retires from practice. 31. Refusal to allow an authorized representative of the Council to enter at a reasonable time the office in which the member is engaged in the practice of optometry for the purpose of inspecting the member’s professional records and equipment. 32. Conviction of an offence that affects the fitness of a member to engage in the practice of optometry. 33. Engaging in the practice of optometry while the ability to perform any professional act is impaired by alcohol or a drug. 34. Sexual impropriety with a patient. 35. Failure to make available to a patient a written prescription for an ophthalmic appliance for the patient containing all necessary and relevant clinical and ophthalmic specifications. 36. Providing other than a new contact lens to a patient. 37. Displaying or permitting the display of ophthalmic appliances that can be seen from the exterior of the premises in which a member is engaged in the practice of optometry. 38. The contravention of any provision of Part V of the Act or of the regulations or the Health Insurance Act. 39. Conduct or an act relevant to the practice of optometry that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. R.R.O. 1990, Reg. 550, s. 27 (1). (2) Subparagraph ii of paragraph 16 of subsection (1) does not apply to the payment of a laboratory fee that is incurred by a member in connection with an optometrical service or services that may be rendered. R.R.O. 1990, Reg. 550, s. 27 (2). (3) For the purposes of subsection (1), “credit card” means a credit card that is accepted by a member pursuant to a standard form of agreement that requires the provider of the credit card to rely upon the provider’s contract with the card holder or card sales slip to enforce payment of money owed and not upon a member’s patient records. R.R.O. 1990, Reg. 550, s. 27 (3).