O-7, r. 5 - Code of ethics of optometrists

Section 52 Disposition versions

2012-09-01

52. In addition to the acts mentioned in sections 57 and 58 of the Professional Code (chapter C-26) and in section 24 of the Optometry Act (chapter O-7), the following acts are derogatory to the dignity of the profession:

(1)  unduly urging someone to use his professional services;

(2)  failing to report to the Order that he has reason to believe that an optometrist is incompetent or does not act in compliance with professional ethics;

(3)  failing to refer his patient to a physician where he suspects or ascertains the presence of symptoms or signs of ocular pathology;

(4)  falsifying a patient’s record in respect of information gathered at the time of an examination or treatment;

(5)  issuing to anyone, for any reason whatever, a false certificate or attestation or any other document containing false or unchecked information;

(6)  refusing to provide his professional services to a patient for the sole reason that the patient has had or intends to have his prescription filled by a third party;

(7)  practising optometry without identifying himself by his name and profession;

(8)  communicating with a plaintiff without prior written permission of the syndic or his assistant, where the optometrist has been informed of an inquiry into his conduct or professional competence or into the conduct or competence of a person with whom he practises, where he has been served a complaint concerning himself or where he has been informed that a complaint has been served on a person with whom he practises;

(9)  failing to promptly notify the secretary of the Order where, pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), an optometrist or the partnership or joint-stock company within which he carries on his 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;

(10)  carrying on his professional activities within, or having an interest in, a partnership or joint-stock company whose name compromises the dignity of the optometrist profession or with a person who, to the optometrist’s knowledge, acts in a manner that compromises the dignity of the optometrist profession;

(11)  carrying on his professional activities within, or having an interest in a partnership or joint-stock company, where a partner, shareholder, director, manager, officer or employee of the partnership or joint-stock company, has been suspended for more than 3 months or whose professional permit has been revoked, unless the partner, shareholder, director, manager, officer or employee:

(a)  ceases to occupy the position of director, officer or manager within the partnership or joint-stock company within 15 days of the date on which his suspension or the revocation of his permit takes effect;

(b)  ceases to attend shareholder meetings and to exercise his voting right within 15 days of the date on which his suspension or the revocation of his permit takes effect;

(c)  disposes of his voting shares or transfers them to a trustee within 15 days of the date on which his suspension or the revocation of his permit takes effect.

O.C. 643-91, s. 52; O.C. 363-2008, s. 15.

The words “suspects or” in paragraph 3 were declared ultra vires by the Superior Court on 19 March 1992 (No 500-05-008547-919).