37. (1) For the purposes of Part II of the Act, “professional misconduct” means, 1. the contravention of any provision of Part II of the Act or of the regulations or of the Health Insurance Act, 2. failure by a member to abide by the terms, conditions or limitations of his or her licence, 3. engaging or holding oneself out as engaging in the practice of dentistry using any name other than the name of the member that is permitted to be entered in a register under subsection 32 (1), 4. failure to maintain the standards of practice of the profession, 5. charging fees that are excessive or unreasonable in relation to the services performed, 6. charging fees for services not performed, 7. failure to fulfil the terms of an agreement with a patient respecting professional charges, 8. failure to itemize accounts in cases where a commercial laboratory fee is involved, 9. failure to itemize an account at the request of a patient or of an agency making payments for professional services, 10. directly or indirectly receiving, making or conferring a rebate, credit or other benefit by reason of the referral of a patient from or to any other person, 11. directly or indirectly receiving, making or conferring a rebate, credit or other benefit in respect of drugs, dental appliances, dental material or dental equipment, including those intended to be dispensed to patients, 12. the entering into any agreement, including a lease of premises pursuant to which the amount payable by or to a member directly or indirectly is related to the amount of fees charged by the member or by a person licensed or registered under any Act regulating a health discipline, 13. the selling or supplying of a drug, medical product or biological preparation by a member to a patient at a profit, except where the drug is necessary, i. for the immediate treatment of the patient, ii. in an emergency, or iii. where the services of a pharmacist are not reasonably readily available, 14. failure to maintain the records that are required by this Regulation to be kept in respect of a member’s patients or practice, 15. falsifying a record regarding the examination or treatment of a patient, 16. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient, 17. selling a professional account to a third party, 18. performing a dental procedure, for fee or otherwise, in any public place or in any vehicle or other moveable contrivance, without the approval of the Council or of the Minister, 19. using in any way with respect to a member’s practice, the name of another member whose practice the member has acquired after a period of one year from the date of the acquisition, 20. announcing or holding out to the public that the member is a specialist or is specially qualified in a branch of dentistry or that the member limits his or her practice to any branch of dentistry where the member is not qualified as a specialist and does not hold a specialist certificate in the branch of dentistry, 21. engage in the practice of dentistry under employment by or in partnership with any person or corporation other than, i. with a member who is engaged in the practice of dentistry, ii. as an employee or agent of a municipal or other government, agency of a municipal or other government, a university or hospital, 22. using terms, titles or designations other than those authorized, or using terms, titles or designations that are prohibited by this Regulation, 23. signing or issuing a certificate, report or similar document that contains a statement that a member knows or ought to know is false, misleading or otherwise improper, 24. conviction of an offence that affects the fitness of a member to engage in the practice of dentistry, 25. improper use of the authority to prescribe, sell or dispense a drug, or falsifying a record in respect of a prescription or the sale of a drug, 26. engaging in the practice of dentistry while the ability to perform any professional service usually performed by a dentist or dental surgeon is impaired by alcohol or a drug, 27. permitting, counselling or assisting any person who is not licensed under Part II of the Act to engage in the practice of dentistry except as provided for in the Act or this Regulation, 28. making a misrepresentation respecting a remedy treatment or device, 29. 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 dentistry for the purpose of an inspection and examination of the office records and equipment of the member in connection with his or her practice, 30. giving information concerning a patient’s dental condition or any professional services performed for a patient to any person other than the patient without the consent of the patient unless required to do so by law, 31. failure to provide within a reasonable time and without cause any report or certificate requested by a patient or his or her authorized agent in respect of an examination or treatment performed by the member, 32. failing to continue to provide professional services to a patient until the services are no longer required or until the patient had a reasonable opportunity to arrange for the services of another member, 33. using in respect of the practice of dentistry by a member the designation “clinic” or “dental centre” or any other designation indicative of the practice of dentistry by a group except where, i. not less than three members are engaged as a group in the full-time practice of dentistry, ii. none of them is engaged in the practice of dentistry in any other group or in any other private practice, and iii. the Council or the Executive Committee thereof has given its prior written approval to the name of such “clinic” or “dental centre”, 34. using in respect of the practice of dentistry, the designation “dental emergency service”, “dental emergency clinic”, or any other designation indicative of the rendering of dental emergency care by a member or group of members, except where it is a service that is, i. operated under the sponsorship of a component society of the Ontario Dental Association, or ii. performed in an office established and maintained exclusively for the purpose of rendering dental emergency care, which office has received prior approval of the Council and which has a member or members present therein for not less than sixteen hours each and every day and an emergency telephone number available for the remaining time, 35. accepting a credit card to obtain payment for a dental service, i. that is prescribed as an insured service under Regulation 552 of the Revised Regulations of Ontario, 1990, or ii. prior to rendering the dental service, 36. accepting a credit card other than one defined in subsection (3) to obtain payment for a dental service, 37. sexual impropriety with a patient, 38. abusing a patient verbally or physically, 39. contravening while engaged in the practice of dentistry any federal, provincial or municipal law, regulation or rule or a by-law of a hospital passed for the purpose of regulating the provision of dental care to the public, 40. publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of dentistry by a member, or a member associating with or being employed by any person, other than, i. professional cards that contain only the name of the member, a vocational designation, the member’s address, academic degrees, telephone number and office hours, ii. an announcement upon commencing practice or changing the geographical location of a member’s practice that, A. does not exceed two standard newspaper columns in width and five centimetres in depth including the margins, B. does not contain references to qualifications, procedures or equipment, and C. does not appear more than three times in a newspaper or periodical in respect of the commencement of the practice or of a change in the geographical location of the practice, 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 the member, a change of location or a new association in practice, vi. not more than two exterior signs stating a member’s name and the vocational designation, on the premises where the member practises but, A. only one sign may be a suspended sign, B. only one sign may be illuminated and shall not be of an intermittent or neon type, C. the letters used in a sign shall not exceed ten centimetres in height, D. words designating office hours may be added to an entrance sign in unilluminated letters not more than five centimetres in height, E. where an entrance is difficult to find, the words “Entrance on” may be added to the sign, vii. door plates and listings on building directories on the premises where the member is engaged in the practice of dentistry in letters not exceeding 2.5 centimetres in height, viii. a telephone directory listing, A. in the white pages that, 1. is of dark or light type, 2. where a member is a certified specialist, may indicate the specialty designation, 3. does not list office hours, and 4. is only an alphabetical listing according to the member’s surname, and B. in the yellow pages that, 1. is only of light type, 2. where the member is a certified specialist, may indicate the specialty designation, 3. does not list office hours, and 4. is listed only in the telephone listing for the geographical area in which the member is engaged in the practice of dentistry, and 41. conduct or an act relevant to the practice of dentistry that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  R.R.O. 1990, Reg. 547, s. 37 (1). (2) Subparagraph ii of paragraph 35 of subsection (1) does not apply with respect to payment for a laboratory fee to be incurred by a member in connection with a dental service or services to be rendered.  R.R.O. 1990, Reg. 547, s. 37 (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 solely upon the provider’s contract with the credit card holder or credit card sales slip to enforce payment of money owed and not upon a member’s patient records.  R.R.O. 1990, Reg. 547, s. 37 (3).