1. In this Regulation, “professional misconduct” means, (a) contravention of any provision of the Act or the regulations, (b) failure to maintain a record for each client that contains, (i) the client’s name, address, telephone number, if any, and date of birth, (ii) the name of the person who referred the client, (iii) where the client receives or is likely to receive psychotherapy from the psychologist, the name, address and telephone number of a person to be contacted in an emergency, (iv) each date on which the psychologist sees the client or agent of the client and an indication of the length of each such contact, (v) particulars of each contact between the client or agent of the client and the psychologist and the results of each such contact, (vi) the advice given to the client or respecting the client and where the advice is given to a person other than the client, a record of the name and address of the person to whom the advice was given, (vii) a copy of each report that is prepared in respect of the client, (viii) each action taken or prescribed by the psychologist with respect to the client, and (ix) the fees and charges made with respect to the client, (c) using a term, title, listing or designation other than one authorized under the Act or the regulations, (d) charging a fee that is excessive in relation to the services performed, (e) failure to carry out the terms of an agreement with a client, (f) selling a professional account to a third party, (g) offering a reduction for prompt payment of an account, (h) charging a fee for services not performed, (i) providing an unnecessary service, (j) making a record or signing or issuing a certificate, report, account or similar document that the psychologist knows or ought to know is false, misleading or otherwise improper, (k) announcing or holding out that the psychologist has special qualifications that are not possessed by the psychologist, (l) engaging in the practice of psychology while the ability to perform any professional service is impaired by alcohol, a drug, illness or other dysfunction, (m) contravening, while engaged in the practice of psychology, any Act or regulation or rule made under any Act designed to protect the health of the public, (n) permitting, counselling or assisting any person who is not a psychologist to represent himself or herself as a psychologist, (o) failure to maintain the standards of practice of the profession, (p) giving information concerning a person or any professional services performed for a person to any other person without the consent of the person, unless required to do so by law, (q) failure to supervise a person who provides a service and who is under the professional responsibility of the psychologist, (r) failing to continue to provide professional services to a client, until the client has had a reasonable opportunity to arrange for the services of another psychologist, (s) making a misrepresentation about any treatment, service or testing procedure, (t) failure to provide within a reasonable time and without cause, any report requested by a client, or an authorized agent of the client, in respect of services performed, (u) sexual impropriety with a client, (v) conviction of an offence that affects the suitability of the psychologist to practise, upon proof of such conviction, (w) receiving or conferring a rebate, fee or other benefit by reason of the referral of a client from or to another person, (x) publishing, displaying, distributing, using or listing or permitting, directly or indirectly, the publication, display, distribution, use or listing of any advertisement related to the practise of psychology that, (i) is false or misleading to prospective clients, (ii) makes claims of uniqueness or special advantage that is not supported by scientific evidence, or (iii) discredits the profession of psychology, (y) failure to identify himself or herself as a psychologist in the course of employment or when providing a psychological service, (z) failure to reply within thirty days to any written communication from the Board or its members, officers, employees or agents, (za) conduct or an act relevant to the practice of psychology that, having regard to all the circumstances, would reasonably be regarded by psychologists as disgraceful, dishonourable or unprofessional; “registrar” means the person appointed by the Board to be registrar.  R.R.O. 1990, Reg. 955, s. 1.