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

Section 33 Disposition versions

2012-09-01

33. An optometrist is in a conflict of interest if, in particular, he:

(1)  shares his professional income, in any form whatsoever, with a person, trust or undertaking, except for:

(a)  a person who is a member of the Ordre des optométristes du Québec;

(b)  a person, trust or undertaking contemplated in subparagraph 1 of section 2 or subparagraph 1 of section 3 of the Regulation respecting the practice of the profession of optometry within a partnership or a joint-stock company (chapter O-7, r. 8);

(c)  a joint-stock company in which he carries on his professional activities;

(2)  grants any commission, rebate, advantage or other consideration of a similar nature relating to the practice of optometry;

(3)  receives, in addition to the remuneration to which he is entitled, any commission, rebate, discount, advantage or other consideration of a similar nature from anyone, including a seller or manufacturer of ophthalmic lenses, frames, medication or other products linked to the practice of optometry, except for customary tokens of appreciation and gifts of small value;

(4)  receives a line of credit from a seller or manufacturer of ophthalmic lenses, frames, medication or other products linked to the practice of optometry, unless he has a written agreement including a declaration that the resulting conditions comply with the provisions of this Code and a clause that authorizes such agreement to be submitted to the Order upon request;

(5)  leases or uses the premises, equipment or other resources of anyone, including a seller or a manufacturer of ophthalmic lenses, frames, medication or other products linked to the practice of optometry, unless he has a written agreement with a declaration that the resulting conditions comply with the provisions of this Code and a clause that authorizes such agreement to be submitted to the Order upon request;

(6)  practices optometry jointly, in a partnership or for a person or within a joint-stock company, unless the partnership, person or joint-stock company is:

(a)  an optometrist;

(b)  a government, governmental or municipal organization, a university or an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5);

(c)  an undertaking retaining his services for the sole purpose of providing optometrical advice or services to its employees;

(d)  a retailer that operates an optical department contemplated by subparagraph a in the sixth paragraph of section 25 of the Optometry Act (chapter O-7) when he is responsible for administration;

(e)  a partnership or joint-stock company contemplated by the Regulation respecting the practice of the profession of optometrist in a partnership or a joint-stock company.

O.C. 643-91, s. 33; O.C. 363-2008, s. 7.