A-33, r. 3 - Code of ethics of hearing-aid acousticians

Section 4.02.01 Disposition versions

2012-09-01

4.02.01. In addition to those referred to in sections 57, 58, 59.1, 59.2 and those that may be determined pursuant to the second paragraph of section 152 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession of hearing-aid acoustician:

(a)  pressing or repeated inducement to have recourse to his professional services;

(b)  communicating with the plaintiff without the written and prior permission of the syndic or his assistant where he is informed that an investigation into his conduct or professional competence is to be made, or where the service of a complaint has been made against him;

(c)  abusing his patient’s inexperience, ignorance, naïveté or poor health in the practice of his profession;

(d)  failing or refusing, without valid reason, to answer a patient’s telephone calls;

(e)  forming a partnership with or being employed by a person who is not a member of the Order for the purpose of practising audioprosthology, except with a person, trust or enterprise referred to in the Regulation respecting the practice of the profession of hearing-aid acoustician within a partnership or a joint-stock company (chapter A-33, r. 6.1) with which the hearing-aid acoustician is authorized to carry on professional activities within a partnership or joint-stock company;

(f)  having an interest in a laboratory, a clinic or any business other than his consulting-room that offers hearing-aid repair services directly to the public;

(g)  participating in or contributing to the commission of a violation of the Professional Code or the Hearing-aid Acousticians Act (chapter A-33) or knowingly profiting from such a violation, especially where such involves the illegal practice of the profession or the misuse of the title;

(h)  leading people to believe that he is the exclusive supplier to the public of a particular brand of hearing-aid, or of equipment for the trial, fitting, adjustment, manufacture or repair of hearing-aids;

(i)  offering a patient a used or rebuilt hearing-aid without informing him of this fact;

(j)  giving, either directly or indirectly, gifts, bonuses, gift stamps or other gratuities;

(k)  coming to any sort of agreement with any person to obtain clients and, in particular, paying, remunerating or otherwise compensating agents, canvassers or any other persons to contact persons likely to require his professional services;

(l)  using stationery belonging to a patient or a supplier, or allowing a patient or a supplier to use his stationery;

(m)  allowing a student serving a professional training period and for whom he is responsible as tutor to perform the professional acts prescribed in section 7 of the Hearing-aid Acousticians Act, without having a hearing-aid acoustician immediately supervising the acts thus performed;

(n)  failing to promptly notify the secretary of the Order where, pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), a hearing-aid acoustician or the partnership or company within which he carries on professional activities has made an assignment of property for the benefit of his creditors, is the subject of a receiving order, or has made a proposal that has been rejected by his creditors or dismissed or annulled by the court;

(o)  carrying on professional activities within, or having an interest in, a partnership or company whose name compromises the dignity of the profession of hearing-aid acoustician or with a person who, to the hearing-aid acoustician’s knowledge, acts in a manner that compromises the dignity of the profession of hearing-aid acoustician;

(p)  carrying on professional activities within, or having an interest in, a partnership or company, where a partner, shareholder, director or officer of the partnership or company has been struck off the roll for more than 3 months or has had his professional permit revoked, unless the partner, shareholder, director or officer

i.  ceases to hold a position of director or officer within the partnership or company within 15 days of the date on which the mandatory striking off or revocation of permit has become effective;

ii.  ceases, if applicable, to attend any shareholder meetings and to exercise his right to vote within 15 days of the date on which the mandatory striking off or revocation of permit has become effective; or

iii.  disposes of his voting shares or turns them over to a trustee within 15 days of the date on which the mandatory striking off or revocation of permit has become effective; and

(q)  intimidating a person or taking reprisals or threatening to take reprisals against any person who

i.  has reported derogatory conduct or behaviour or intends to do so; or

ii.  has taken part or cooperated in an inquiry into derogatory conduct or behaviour or intends to do so.

R.R.Q., 1981, c. A-33, r. 2, s. 4.02.01; O.C. 167-90, s. 1; O.C. 549-2010, s. 18.