O. Reg. 315/12: PROFESSIONAL MISCONDUCT

Link to law: http://www.ontario.ca/laws/regulation/r12315
Published: 2012-10-19

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ONTARIO REGULATION 315/12

made under the

HOMEOPATHY ACT, 2007

Made: August 7, 2012
Approved: October 17, 2012
Filed: October 19, 2012
Published on e-Laws: October 22, 2012
Printed in The Ontario Gazette: November 3, 2012


PROFESSIONAL MISCONDUCT

Acts of misconduct

1. The following are acts of professional misconduct for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code:

1. Contravening, by act or omission, a standard of practice of the profession or failing to maintain the standard of practice of the profession.

2. Abusing a patient or a patient’s representative verbally, physically, psychologically or emotionally.

3. Doing anything to a patient for a therapeutic, preventative, palliative, diagnostic or other health-related purpose except,

i. with the informed consent of the patient or the patient’s authorized representative, or

ii. as required or authorized by law.

4. Failing to reply appropriately to a reasonable request by a patient or a patient’s authorized representative for information respecting a homeopathic assessment or treatment provided or recommended by the member.

5. Giving information about a patient to a person other than the patient or the patient’s authorized representative except with the consent of the patient or the authorized representative or as required or authorized by law.

6. Discontinuing professional services that are needed unless the discontinuation would reasonably be regarded by members as appropriate having regard to,

i. the member’s reasons for discontinuing the services,

ii. the condition of the patient,

iii. the availability of alternate services, and

iv. the opportunity given to the patient to arrange alternate services before the discontinuation.

7. Recommending or providing treatment that the member knows or ought to know is unnecessary or ineffective.

8. Attempting to treat a condition that the member knows or ought to know he or she does not have the knowledge, skills or judgment to treat.

9. Failing to advise a patient or the patient’s authorized representative to consult another member of a health profession within the meaning of the Regulated Health Professions Act, 1991, where the member knows or ought to know that the patient requires a service that the member does not have the knowledge, skills or judgment to offer or is beyond his or her scope of practice.

10. Performing a controlled act that the member is not authorized to perform.

11. Failing to supervise a person in accordance with the standards of practice of the profession.

12. Permitting, counselling or assisting a person who is not a member to hold himself or herself out as a member of the profession.

13. Permitting, counselling or assisting a person to perform a controlled act, when the person is not authorized to perform a controlled act.

14. Failing to advise a patient, a patient’s authorized representative or a member of the public, when requested, of his or her right to file a complaint with the College.

15. Failing to provide a patient, a patient’s authorized representative or a member of the public, when requested, with the address and telephone number of the College.

16. Acting or being in a conflict of interest in one’s professional capacity.

17. Issuing an invoice, bill or receipt for services that the member knows or ought to know is false or misleading.

18. Charging a fee for a homeopathic treatment or service that is not provided or for a homeopathic treatment or service that is not performed. This provision does not apply to a fee for an appointment that was cancelled without reasonable notice.

19. Failing to advise a patient or a patient’s authorized representative, prior to providing a service, of the fee to be charged for the service or of any penalties that will be charged for late payment of the fee.

20. Charging a block fee.

21. Failing to itemize an account for professional goods or services provided to a client.

22. Breaching, without reasonable cause, an agreement with a patient or a patient’s authorized representative relating to professional services for the patient or fees for such services.

23. Failing to keep records in accordance with the standards of the profession.

24. Signing or issuing, in his or her professional capacity, a document that the member knows or ought to know contains a false or misleading statement.

25. Falsifying a record relating to the member’s practice.

26. Making a claim about a homeopathic treatment, other than a claim that can be supported as reasonable professional opinion.

27. Using or permitting the use of a testimonial from a patient, former patient or other person in the advertising of the member or his or her practice.

28. Permitting the advertising of the member or his or her practice in a manner that is false or misleading.

29. Influencing a patient or the patient’s authorized representative to change the patient’s will or other testamentary instrument.

30. Using a term, title or designation in respect of the member’s practice that is not authorized by the College.

31. Failing to use the title designated by the College while acting in a professional capacity.

32. Using any term, title or designation indicating or implying specialization in an area or areas of practice of the profession unless the term, title or designation is authorized by the College.

33. Practising the profession or offering to provide homeopathic services using a name other than the member’s name as entered in the register.

34. Failing, without reasonable cause, to provide a report or certificate relating to a treatment performed by the member within a reasonable time to a patient or the patient’s authorized representative after the patient or his or her authorized representative has requested such a report or certificate.

35. If the member intends to close his or her practice, failing to take reasonable steps to give appropriate notice of the intended closure to each patient for whom the member has primary responsibility or failing to,

i. ensure that each patient’s records are transferred to the member’s successor or to another member, if the patient so requests, or

ii. ensure that each patient’s records are retained or disposed of in a secure manner.

36. Failing to promptly report to the College an incident of unsafe practice by another member.

37. Practising the profession while the member’s ability to do so is impaired or adversely affected by any condition or dysfunction which the member knows or ought to know impairs or adversely affects his or her ability to practice.

38. Contravening, by act or omission, a provision of the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts.

39. Contravening, by act or omission, a law if,

i. the purpose of the law is to protect or promote public health, or

ii. the contravention is relevant to the member’s suitability to practise.

40. Contravening, by act or omission, a term, condition or limitation on the member’s certificate of registration.

41. Practising the profession while the member’s certificate of registration has been suspended.

42. Directly or indirectly benefiting from the practice of the profession while the member’s certificate of registration is suspended unless full disclosure is made by the member to the College of the nature of the benefit to be obtained and prior approval is obtained from the Executive Committee.

43. Failing to comply with an order of a panel of the College.

44. Failing to appear before a panel of the Inquiries, Complaints and Reports Committee to be cautioned.

45. Failing to carry out or abide by an undertaking given to the College or breaching an agreement with the College.

46. Failing to reply appropriately and within 30 days to a written inquiry or request from the College.

47. Selling or assigning any debt owed to the member for professional services. This does not include the use of credit cards to pay for professional services.

48. Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

49. Engaging in conduct that would reasonably be regarded by members as conduct unbecoming a member of the profession.

50. Failing to make reasonable attempts to collaborate with the patient’s other relevant health care providers on the care of the patient where such collaboration is necessary for the patient’s health, unless the patient refuses to consent to the collaboration.

Commencement

2. This Regulation comes into force on the later of the day section 3 of the Act comes into force and the day this Regulation is filed.

Made by:
Pris par :

Transitional Council of the College of Homeopaths of Ontario:
Conseil transitoire de l’Ordre des homéopathes de l’Ontario :

Le président,

Jim Dunsdon

President

Le registrateur,

Basil Ziv

Registrar

Date made: August 7, 2012.
Pris le : 7 août 2012.