29. For the purpose of Part III 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. contravention of any provision of Part III of the Act, the Health Insurance Act, or the regulations, 3. failure to maintain the records that are required to be kept respecting a member’s patients, 4. having a conflict of interest, 5. using a term, title or designation other than one authorized or using a term, title or designation that is prohibited by this Regulation, 6. engaging or holding oneself out as engaging in the practice of medicine using any name other than the name of the member that is entered in the register under section 24, 7. permitting, counselling or assisting any person who is not licensed under Part III of the Act to engage in the practice of medicine except as provided for in the Act or this Regulation, 8. charging a fee that is in excess of the fee in the schedule of fees of the Ontario Medical Association without prior notification to the patient as to the excess amount of the fee, 9. charging for a service that is an insured service under the Health Insurance Act, a fee that is in excess of the amount payable for such service under the Health Insurance Act, without prior notification to the patient as to the excess amount of the fee, 10. charging a fee that is excessive in relation to the services performed, 11. failure to carry out the terms of an agreement with a patient, 12. selling a professional account to a third party, 13. refusing to render a medically necessary service unless payment of the whole or part of the fee is received in advance of the service being rendered, 14. requiring payment for a service that is insured under the Health Insurance Act
as a condition to be met before completing a claim card for submission under that Act or, before providing an itemized account of the services where a request is made for an itemized account by the patient or a representative of the patient, 15. offering a reduction for prompt payment of an account, 16. charging a fee for services not performed, 17. falsifying a record in respect of the examination or treatment of a patient, 18. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient, 19. announcing or holding out to the public that the member is a specialist or is specially qualified in a branch of medicine where the member is not qualified as a specialist, 20. engaging in the practice of medicine while the ability to perform any professional service is impaired by alcohol or a drug, 21. contravening while engaged in the practice of medicine any federal, provincial or municipal law, regulation or rule or a by-law of a hospital designed to protect the public health, 22. failure to maintain the standard of practice of the profession, 23. giving information concerning a patient’s 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, 24. failing to continue to provide professional services 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, 25. making a misrepresentation respecting a remedy, treatment or device, 26. failing to reveal the exact nature of a secret remedy following a proper request for such information, 27. improper use of the authority to prescribe, sell or dispense a drug, including falsifying a record in respect of a prescription or the sale of a drug, 28. failing 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, 29. failing to carry out the terms of an agreement or contract with a hospital, 30. sexual impropriety with a patient, 31. sharing fees with any person who has referred a patient or receiving fees from any person to whom a member has referred a patient or requesting or accepting a rebate or commission for the referral of a patient, 32. publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of any advertisement related to the practice of medicine by a member other than, i. professional cards that contain only the name of the member, a vocational designation, academic degrees, the member’s address and telephone number, ii. an announcement upon commencing practice or changing the location of a member’s practice that, A. does not exceed two standard newspaper columns in width and ten centimetres in depth, B. does not contain references to qualifications, procedures or equipment but may contain academic degrees, and C. does not appear more than three times in a newspaper in respect of the commencement of the practice or of a change in the 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. a telephone directory listing in the white pages that, A. is of dark or light type, B. where a member is a certificated specialist, may indicate the specialty designation, C. where a member who is not a certificated specialist restricts his or her practice to one branch of medicine may insert after the member’s name “Practice limited to ……….”, D. does not list office hours, and E. where the practice of medicine is carried on as a partnership, clinic, medical centre or other form of medical group lists the name of the partnership, clinic, medical centre or other form of medical group and the names of the members with their designations thereunder, v. a telephone directory listing in the yellow pages that, A. is listed only in the section “Physicians and Surgeons”, B. is only of light type, C. where a member is a certificated specialist may indicate the specialty designation, D. where a member who is not a certificated specialist restricts his or her practice to a branch of medicine may insert after the member’s name “Practice limited to ……….”, E. does not list office hours, F. is listed only in the telephone listing for the geographical area in which the member is engaged in the practice of medicine, and G. where the practice of medicine is carried on as a partnership, clinic, medical centre or other form of medical group lists only the name of the partnership, clinic, medical centre or other form of medical group and lists the names of the members in their alphabetical order in the yellow page section, 33. conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.  R.R.O. 1990, Reg. 548, s. 29.