C-26, r. 258 - Code of ethics of professional technologists

Section 73 Disposition versions

2012-09-01

73. In addition to the derogatory acts referred to in sections 59 and 59.1 of the Professional Code (chapter C-26) or that may be determined pursuant to section 59.2 and subparagraph 1 of the second paragraph of section 152 of the Code, the following acts of professional technologists are derogatory to the dignity of the profession:

(1)  affixing their signature to the original or a copy of a plan, estimate, technical report, study, specification, monitoring report, evaluation report or intervention plan, or other technical document they have not personally prepared or that has not been prepared under their responsibility;

(2)  affixing their seal to the original and copies of a plan or estimate they have not personally prepared or that has not been prepared under their responsibility;

(3)  carrying out or participating in the carrying out of technical work, or selling, offering for sale, leasing, offering for lease or otherwise marketing any material, equipment or accessory in disregard of generally accepted professional methods, standards and procedures;

(4)  taking advantage of a permanent salaried position to offer their professional services to persons with whom their employer does business;

(5)  deliberately delaying the performance of a professional service;

(6)  inducing a person through urgent insistence or repetition to use their professional services or recommending to a person to buy or lease directly or indirectly from them any material, equipment or accessory not required for the condition, treatment or needs of the client;

(7)  taking advantage of the inexperience, ignorance, naivety or state of health of a client;

(8)  guaranteeing, directly or indirectly, a physiological capacity or the restoration of a specific function by using services or goods provided;

(9)  performing their professional activities in a condition or in a state that may compromise the quality of their services or the dignity of the profession;

(10)  providing or issuing a report, a certificate, a declaration or any other document known to be false relating to a client’s health, or to services or goods provided to the client;

(11)  altering notes entered in the client’s record or replacing any part thereof with the intention of falsifying them;

(12)  disregarding or modifying a prescription signed by a professional authorized by law and preventing a client from examining the prescription or obtaining a copy of the prescription;

(13)  failing to recommend a client consult a physician or failing to refer the client to another professional when a condition requiring a medical examination has been identified;

(14)  making, modifying or allowing the making or modification of an orthosis or a prosthesis without a written prescription from a professional authorized by law, except where orthoses or prostheses are adjusted or repaired with a view to adapt the apparatus or prolong its utilization when the physical condition of the person has not changed and where the adjustments or repairs do not change the original prescription;

(15)  being verbally or physically violent or using disrespectful oral or written comments towards a client;

(16)  ceasing to provide professional services to a client without giving the client reasonable notice and without taking the necessary measures so that the withdrawal of such services does not cause prejudice to the client;

(17)  allowing their name to be used by a person to recommend or promote the sale, distribution or use of material, equipment or accessories used in the practice of the profession;

(18)  failing to ensure that the person consulted or assisting them is qualified;

(19)  claiming fees for professional services not provided or falsely described or for goods that were not provided;

(20)  claiming fees or remuneration from a client for payment in whole or in part of a professional service or goods the cost of which is assumed by a third party, unless an explicit, prior written agreement to the contrary has been reached between the interested persons;

(21)  failing to inform the Order that they have reason to believe that a professional technologist is incompetent, dishonest or in breach of the Professional Code or a regulation under the Code;

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

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

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

(23)  refusing or neglecting to appear at the office of a syndic or to hand over any documentation, when the syndic so requests; and

(24)  failing to notify the Order at once if they believe a person is illegally using a title reserved to the members of the Order.

O.C. 110-2006, s. 73.