O-6, r. 3 - Code of ethics of dispensing opticians

Section 4.02.01 Disposition versions

2012-09-01

4.02.01. In addition to the derogatory acts referred to in sections 57 and 58 of the Professional Code (chapter C-26), it is derogatory to the dignity of the profession for a dispensing optician:

(a)  to solicit or prompt a person in pressing or repeated terms to resort to his professional services;

(b)  to directly or indirectly hinder the client’s freedom to choose another dispensing optician;

(c)  to abuse, in the practice of his profession, his client’s inexperience, ignorance, naïvety or poor health;

(d)  not to advise a client to consult a physician where he identifies that the condition of the eye or the surrounding area appears to necessitate a medical examination;

(e)  to practice his profession jointly or in partnership with or on behalf of a natural person or legal person in a manner not provided for by law and regulation; in particular, to form a partnership with a person who is not a member of the Order for the purpose of practising the profession, or being employed by such person for the same purpose;

(f)  (paragraph revoked);

(g)  to participate in or contribute to the commission of a violation of the Professional Code or the Dispensing Opticians Act (chapter O-6) or knowingly profit from such violation, especially where such action involves the illegal practice of the profession or the misuse of the title;

(h)  to enter incorrectly in a record information obtained upon examination or treatment or to falsify a record in regard of such information;

(i)  not to allow a client to examine the prescription which concerns him in any record regarding his case or not to allow him to obtain a copy of such prescription;

(j)  to give information on the condition of a client’s eyesight to a third person unless authorized by the client or ordered by law;

(k)  to communicate with the plaintiff without prior written permission from 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;

(l)  to use the stationery of a client, a supplier, a physician or an optometrist or allow a client, a supplier, a physician or an optometrist to use his stationery;

(m)  (paragraph revoked);

(n)  to fail to promptly notify the secretary of the Order where, pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), a dispensing optician 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)  to carry on professional activities within, or to have an interest in, a partnership or joint-stock company whose name compromises the dignity of the profession of dispensing optician or with a person who, to the optician’s knowledge, acts in a manner that compromises the dignity of the profession of dispensing optician;

(p)  to carry on professional activities within, or to have an interest in, a partnership or company, where a partner, shareholder, director, manager, officer or employee 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, manager, officer or employee

i.  ceases to hold a position of director, officer or manager within the 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 meeting 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;

(q)  to fail to take reasonable measures to put an end to, or prevent the repeated performance of, an act derogatory to the dignity of the profession performed by another person carrying on professional activities within the partnership or company, and that was brought to the dispensing optician’s attention more than 30 days earlier; and

(r)  to intimidate a person or to take reprisals or threaten to take reprisals against a 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.

Decision 83-02-09, s. 4.02.01; Erratum, 1985 G.O. 2, 2090; O.C. 1198-88, s. 1; O.C. 1071-95, s. 3; O.C. 1103-2009, s. 16.