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

À jour au 1^er septembre 2012

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chapter A-33, r. 3

Code of ethics of hearing-aid acousticians

Hearing-aid Acousticians Act

(chapter A-33, s. 3).

Professional Code

(chapter C-26, s. 87).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des audioprothésistes du Québec;

(b)  “hearing-aid acoustician” means whoever is entered on the roll of the Order.

R.R.Q., 1981, c. A-33, r. 2, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. A-33, r. 2, s. 1.02.

1.03. A hearing-aid acoustician must adequately supervise a student, trainee, employee or person for whom he is immediately responsible.

O.C. 549-2010, s. 1.

1.04. A hearing-aid acoustician must take reasonable measures to ensure that persons who collaborate with him in the carrying on of professional activities comply with the Hearing-aid Acousticians Act (chapter A-33), the Professional Code (chapter C-26) and their regulations.

O.C. 549-2010, s. 1.

1.05. A hearing-aid acoustician who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that the partnership or company complies with the Hearing-aid Acousticians Act (chapter A-33), the Professional Code (chapter C-26) and their regulations.

The duties and obligations under the Hearing-aid Acousticians Act, the Professional Code and their regulations are not changed or reduced by the fact that a hearing-aid acoustician carries on professional activities within a partnership or joint-stock company.

O.C. 549-2010, s. 1.

DIVISION II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2.01. Unless he has sound reasons to the contrary, a hearing-aid acoustician must support every measure likely to improve the quality and availability of professional services in the field in which he practises.

R.R.Q., 1981, c. A-33, r. 2, s. 2.01.

2.02. In the practice of his profession, a hearing-aid acoustician must bear in mind the general effect his research and work may have on society.

R.R.Q., 1981, c. A-33, r. 2, s. 2.02.

2.03. A hearing-aid acoustician must promote measures of education and information in the field in which he practises. In the practice of his profession, he must also, unless he has sound reasons to the contrary, do what is required to ensure such education and information.

R.R.Q., 1981, c. A-33, r. 2, s. 2.03.

DIVISION III DUTIES AND OBLIGATIONS TOWARDS PATIENTS

§ 1 . — General provisions

3.01.01. Before rendering any professional service, a hearing-aid acoustician must bear in mind the extent of his proficiency, knowledge and the means at his disposal. He must not, in particular, undertake work for which he is not sufficiently prepared without obtaining the necessary assistance.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.01.

3.01.02. A hearing-aid acoustician must at all times acknowledge his patient’s right to consult another hearing-aid acoustician, a member of another professional order or any other competent person.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.02.

3.01.03. A hearing-aid acoustician must not practise under conditions or in situations likely to impair the quality of his services.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.03.

3.01.04. Except for research work carried out in a reputable scientific milieu, a hearing-aid acoustician must practise his profession following the generally accepted principles of audioprosthology. He must never use an insufficiently proven technique for fitting a hearing-aid.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.04; O.C. 549-2010, s. 2.

3.01.05. A hearing acoustician must seek to establish a relationship of mutual trust between himself and his patient. He must, therefore:

(a)  refrain from practising his profession in an impersonal manner;

(b)  conduct his interviews so as to respect the scale of values and the personal convictions of his patient, where made aware of them by the latter.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.05.

3.01.06. A hearing-aid acoustician must not interfere in the personal affairs of his patient in matters that do not fall within the generally recognized competence of the profession so as not to unduly restrict his patient’s autonomy.

R.R.Q., 1981, c. A-33, r. 2, s. 3.01.06.

§ 2 . — Integrity

3.02.01. A hearing-aid acoustician must discharge his professional duties towards his patient with integrity.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.01.

3.02.02. A hearing-aid acoustician must avoid any misrepresentation with respect to his level of competence or the efficiency of his own services and of those generally provided by the members of his profession. Similarly, a hearing-aid acoustician must avoid any misrepresentation with respect to the competency or efficiency of the services generally provided by the persons with whom he carries on professional activities within the same partnership or joint-stock company. If the good of the patient so requires he must, with the latter’s authorization, consult another hearing-aid acoustician, a member of another professional order or another competent person, or refer him to one of these persons.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.02; O.C. 549-2010, s. 3.

3.02.03. A hearing-aid acoustician must set out in a complete and objective manner to his patient the nature and scope of the problem as he sees it on the basis of the facts brought to his knowledge.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.03.

3.02.04. A hearing-aid acoustician must inform his patient as early as possible of the nature of the professional services required and the procedure to be followed and obtain his consent thereto.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.04.

3.02.05. A hearing-aid acoustician must refrain from expressing an opinion or giving advice that is contradictory or incomplete. To this end, he must endeavour to have full knowledge of the facts before expressing an opinion or giving notice.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.05.

3.02.06. A hearing-aid acoustician must take reasonable care of a hearing-aid entrusted to him by a patient and he may not lend it or use it for purposes other than those for which it was entrusted to him.

A hearing-aid acoustician who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that the partnership or company complies with the requirements of the first paragraph when a hearing aid is entrusted to the partnership or company in connection with the professional activities.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.06; O.C. 549-2010, s. 4.

3.02.07. A hearing-aid acoustician must inform a patient of any illegal act likely to benefit that patient of which he has become aware while rendering a professional service.

R.R.Q., 1981, c. A-33, r. 2, s. 3.02.07.

§ 3 . — Availability and diligence

3.03.01. A hearing-aid acoustician must display reasonable availability and diligence in the practice of his profession.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.01.

3.03.02. In addition to opinion and counsel, a hearing-aid acoustician must provide his patient with any explanation necessary to the understanding and evaluation of the services rendered to him, and, where applicable, he must give a true description of the characteristics of any hearing-aid he supplies.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.02.

3.03.03. A hearing-aid acoustician must give an account of his patient’s file when so requested by the latter.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.03.

3.03.04. A hearing-aid acoustician must be objective and impartial when persons other than his patients ask him for information.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.04.

3.03.05. Unless he has sound and reasonable grounds to the contrary, a hearing-aid acoustician may not cease to act for the account of a patient. The following shall, in particular, constitute sound and reasonable grounds:

(a)  loss of the patient’s confidence;

(b)  the fact that the hearing-aid acoustician is in a situation of conflict of interest or in a context whereby his professional independence could be called into question;

(c)  the fact of being incited by the patient to perform illegal, unfair or fraudulent acts.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.05.

3.03.06. Before he ceases to exercise his functions for the account of a patient, a hearing-aid acoustician must forward an advance notice of withdrawal within a reasonable time and ensure, as far as possible, that such termination of service is not prejudicial to his patient.

R.R.Q., 1981, c. A-33, r. 2, s. 3.03.06.

§ 4 . — Liability

3.04.01. A hearing-aid acoustician must, in the practice of his profession, completely bind his personal civil liability. He is thus prohibited from entering in a contract of professional services a clause directly or indirectly excluding, in whole or in part, the said liability. A hearing-aid acoustician may not invoke the liability of the partnership or joint-stock company within which he carries on professional activities or the liability of another person also carrying on activities within the same partnership or company as a ground for excluding or limiting his personal civil liability.

R.R.Q., 1981, c. A-33, r. 2, s. 3.04.01; O.C. 549-2010, s. 5.

§ 5 . — Independence and impartiality

3.05.01. A hearing-aid acoustician must subordinate his personal interest to that of his patient.

Similarly, the interest of the partnership or joint-stock company in which the hearing-aid acoustician carries on professional activities or has an interest must be subordinated to that of his patient.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.01; O.C. 549-2010, s. 6.

3.05.01.01. A hearing-aid acoustician may not be party to an agreement in which the nature and extent of professional expenses may influence the quality of his practice.

Any agreement entered into by a hearing-aid acoustician or a partnership or joint-stock company of which he is a partner or shareholder regarding the enjoyment of a building or space to carry on his professional activities must be entirely recorded in writing and include a statement by the parties that the obligations arising from the agreement comply with the provisions of this Code and a clause authorizing release of the agreement to the Order on request.

O.C. 549-2010, s. 7.

3.05.02. A hearing-aid acoustician must ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his patient.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.02.

3.05.03. A hearing-aid acoustician must safeguard his professional independence at all times and avoid any situation in which he would be in conflict of interest. Without restricting the generality of the foregoing, a hearing-aid acoustician is in conflict of interest when the interests in question are such that he might tend to favour certain of them over those of his patient or whereby his judgment and loyalty towards the latter may be unfavourably affected.

Despite the first paragraph, a hearing-aid acoustician does not put himself in a conflict of interest situation in establishing a system of appointment reminders for his patients to avoid their wearing hearing-aids that have become inadequate or incorrectly adjusted.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.03.

3.05.04. As soon as he ascertains that he is in a conflict of interest situation, a hearing-aid acoustician must notify his patient thereof and cease to carry on his professional activities, unless the patient, after being informed of the nature of the conflict of interest and the facts relating thereto, authorizes the hearing-aid acoustician in writing to continue his professional activities.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.04; O.C. 549-2010, s. 8.

3.05.04.01. A hearing-aid acoustician must take the necessary measures to ensure that information and documents relevant to professional secrecy are not disclosed to a partner, shareholder, director, officer or employee of a partnership or joint-stock company within which the hearing-aid acoustician carries on professional activities or in which he has an interest, where he becomes aware that the partner, shareholder, director, officer or employee has a conflict of interest.

The following factors must be considered in assessing the effectiveness of such measures:

(1)  size of the partnership or company;

(2)  precautions taken to prevent access to the hearing-aid acoustician’s file by the person having a conflict of interest;

(3)  instructions given to protect confidential information or documents related to the conflict of interest; and

(4)  isolation, from the hearing-aid acoustician, of the person having a conflict of interest.

O.C. 549-2010, s. 9.

3.05.05. A hearing-aid acoustician must refrain from sharing his income, profits or fees with any person who is not a member of the Order or who is not 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), or from giving them to such person.

Where a hearing-aid acoustician carries on professional activities within a partnership or joint-stock company, the income resulting from the professional services rendered within and on behalf of the partnership or company belongs to the partnership or company, unless agreed otherwise.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.05; O.C. 549-2010, s. 10.

3.05.06. In the practice of his profession, or in anticipation of that practice, a hearing-aid acoustician may not enter into a contract with a manufacturer, distributor or wholesaler of hearing-aids to pay a debt with a sum of money calculated on a percentage or any other basis of the whole or a part of his gross revenue, net revenue, profits or fees.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.06.

3.05.07. In the practice of his profession, or in anticipation of that practice, a hearing-aid acoustician may not enter into a contract that would limit or control the manner in which he runs his consulting-room or practises his profession. Thus he must never contract to:

(a)  limit or control his office hours;

(b)  use a form of advertising contrary to the Professional Code (chapter C-26), the Hearing-aid Acousticians Act (chapter A-33) or any regulation pursuant thereto;

(c)  exclude certain types or brands of hearing-aid from those he offers to the public;

(d)  limit his freedom to buy and sell;

(e)  determine or restrict the professional services he may offer the public.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.07.

3.05.08. A hearing-aid acoustician may share his fees with another hearing-aid acoustician only to the extent that such sharing corresponds to a distribution of services and responsibilities.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.08.

3.05.09. Despite sections 3.05.05 and 3.05.06, a hearing-aid acoustician may pay another hearing-aid acoustician or a trainee hearing-aid acoustician on the basis of a percentage of the whole or a part of his gross revenue, net revenue, profits or fees.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.09.

3.05.10. A hearing-aid acoustician must not receive, other than the remuneration to which he is entitled, any benefit, allowance or commission relative to the practice of his profession. Nor shall he pay, offer to pay or undertake to pay such benefit, allowance or commission.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.10.

3.05.11. For a given service, a hearing-aid acoustician must only accept fees from one source, unless explicitly agreed otherwise by all the parties concerned. He shall accept payment of these fees only from his patient or the latter’s representative.

R.R.Q., 1981, c. A-33, r. 2, s. 3.05.11.

§ 6 . — Professional secrecy

3.06.01. A hearing-aid acoustician must respect the secrecy of all confidential information acquired in the practice of his profession.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.01.

3.06.02. A hearing-aid acoustician may be released from professional secrecy only upon the authorization of his patient or when so ordered by law.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.02.

3.06.03. When a hearing-aid acoustician asks a patient to give him confidential information or when he allows such information to be given to him, he must ensure that the patient is fully aware of the purpose of the interview and of the various uses which might be made of such information.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.03.

3.06.04. A hearing-aid acoustician must not disclose the fact that his services have been required by a person if such disclosure could cause prejudice to that person.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.04.

3.06.05. A hearing-aid acoustician must avoid indiscreet conversations concerning a patient and the services rendered him.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.05.

3.06.06. A hearing-aid acoustician must not make use of confidential information which could be prejudicial to a patient or with a view to obtaining a direct or indirect benefit for himself or for another.

R.R.Q., 1981, c. A-33, r. 2, s. 3.06.06.

3.06.07. A hearing-aid acoustician must take reasonable measures to ensure that anyone with whom he carries on his professional activities does not communicate to a third party the confidential information of which he may have taken cognizance.

O.C. 549-2010, s. 12.

§ 6.1 . — Lifting of professional secrecy to protect individuals

O.C. 549-2010, s. 12.

3.06.07.01. A hearing-aid acoustician may communicate information that is protected by professional secrecy to prevent an act of violence, including a suicide, where the hearing-aid acoustician has reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

However, the hearing-aid acoustician may only communicate the information to a person exposed to the danger, or that person’s representative, and to the persons who can come to that person’s aid. The hearing-aid acoustician may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

If the hearing-aid acoustician is unsure about the nature or degree of imminence of the danger or about the appropriate course of action, the hearing-aid acoustician is to consult another member of the Order, a member of another professional order, or the syndic of the Order, provided the consultation will not prejudicially delay the communication of the information.

O.C. 549-2010, s. 12.

3.06.07.02. A hearing-aid acoustician who communicates information protected by professional secrecy pursuant to section 3.06.07.01 must, for each communication, enter in the patient’s record as soon as possible

(1)  the name of the person or group of persons exposed to a danger;

(2)  the reasons supporting the decision to communicate the information; and

(3)  the subject of the communication, the mode of communication, the name of the person to whom the information was given and the date and time it was communicated.

The hearing-aid acoustician must send that information to the syndic as soon as possible.

O.C. 549-2010, s. 12.

§ 7 . — Accessibility and correction of records

R.R.Q., 1981, c. A-33, r. 2, Div. III, Sd. 7; O.C. 549-2010, s. 13.

3.07.01. A hearing-aid acoustician must respect the right of his patient to consult the documents that concern him in any record made in his regard and to obtain a copy of such documents.

Hearing-aid acousticians must refuse to release to a patient personal information concerning the patient if its disclosure would likely reveal personal information concerning a third person or the existence of such information, and the disclosure could seriously harm that third person, unless the latter consents to the communication of the information or in the case of an emergency that threatens the life, health or safety of the person concerned.

R.R.Q., 1981, c. A-33, r. 2, s. 3.07.01; O.C. 549-2010, s. 14.

3.07.02. A hearing-aid acoustician must allow his patient to cause to be corrected the information concerning the patient that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected. He must also allow his patient to cause to be deleted any information that is outdated, not justified by the object of the record or the collection of which is not authorized by law, or to prepare written comments and file them in the record.

O.C. 549-2010, s. 15.

3.07.03. A hearing-aid acoustician holding a record that is the subject of a request for access or correction by the patient concerned must respond to that request with diligence and not later than 20 days from the date on which the request is received.

O.C. 549-2010, s. 15.

3.07.04. A hearing-aid acoustician who charges fees for the reproduction, transcription or transmission of the documents requested must first inform the patient of the approximate amount to be paid

O.C. 549-2010, s. 15.

3.07.05. A hearing-aid acoustician who grants a request for correction must issue free of charge to the person who made the request a copy of any information modified or added or, as the case may be, an attestation that information has been deleted.

The hearing-aid acoustician sends a copy of the information or the attestation, as the case may be, to the person from whom such information was obtained or to any person to whom such information was given.

O.C. 549-2010, s. 15.

3.07.06. A hearing-aid acoustician may refuse to grant a patient’s request for access or correction only if, in the opinion of a health care professional, consultation of the record would result in serious harm to the patient’s health. The hearing-aid acoustician must notify the patient in writing of the reason for the refusal, enter the reason in the patient’s record and inform the patient of his or her recourses.

O.C. 549-2010, s. 15.

3.07.07. A hearing-aid acoustician holding information that is the subject of a request for access or correction must, if he does not grant the request, retain the information for such time as is necessary to allow the person concerned to exhaust the recourses provided by law.

O.C. 549-2010, s. 15.

§ 8 . — Determination and payment of fees

3.08.01. A hearing-aid acoustician must charge fair and reasonable fees.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.01.

3.08.02. Fees are fair and reasonable if they are warranted by the circumstances and in proportion to the services rendered. A hearing-aid acoustician must, in particular, take the following factors into account when determining his fees:

(a)  the time spent in carrying out the professional service;

(b)  the complexity and extent of the service;

(c)  the performance of unusual services or services requiring exceptional competence or celerity.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.02.

3.08.03. A hearing-aid acoustician must provide his patient with all the explanations necessary to the understanding of his statement of fees and of the terms and conditions of payment. His statement of fees must include:

(a)  his name, the address and telephone number of his consulting-room and the date of the statement;

(b)  the brand name, model, type and serial number of the hearing-aid, the number of the battery, the type of earmold;

(c)  the nature of the services rendered, a description of the guarantee for the hearing-aid, the total amount of the statement including the cost of the hearing-aid and the method of payment.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.03; O.C. 549-2010, s. 16.

3.08.04. A hearing-aid acoustician must notify his patient of the approximate cost of his services.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.04.

3.08.05. A hearing-aid acoustician must never insist on advance payment of his professional fees. He may however insist on an advance to cover expenses essential to the carrying out of the professional services required.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.05.

3.08.06. A hearing-aid acoustician may collect interest on outstanding accounts only after having notified his patient. The interest thus charged must be at a reasonable rate.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.06.

3.08.07. Before having recourse to legal proceedings, a hearing-aid acoustician must have exhausted all other means at his disposal for obtaining payment of his fees.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.07.

3.08.08. Where a hearing-aid acoustician entrusts the collection of his fees to another person, he must, as far as possible, ensure that the latter will act with tact and moderation.

R.R.Q., 1981, c. A-33, r. 2, s. 3.08.08.

DIVISION IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

§ 1 . — Incompatible professions and occupations

4.01.01. The following are incompatible with the practice of the profession:

(a)  the professions of physician, speech therapist and audiologist;

(b)  the occupations of remedial teacher and audiometry technician.

R.R.Q., 1981, c. A-33, r. 2, s. 4.01.01.

4.01.02. A hearing-aid acoustician who has an interest in a business engaged in the manufacture or wholesale of hearing-aids or who carries on professional activities with a person who has an interest in such a business may not sell the brand of hearing-aids manufactured or sold by that business.

R.R.Q., 1981, c. A-33, r. 2, s. 4.01.02; O.C. 549-2010, s. 17.

§ 2 . — Derogatory acts

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.

§ 3 . — Relations with the Order and colleagues

4.03.01. A hearing-aid acoustician whose participation on a council for the arbitration of accounts, a disciplinary council or a professional inspection committee, is requested by the Order, must accept that duty unless he has exceptional reasons for refusing it.

R.R.Q., 1981, c. A-33, r. 2, s. 4.03.01.

4.03.02. A hearing-aid acoustician must answer promptly all correspondence addressed to him by the syndic of the Order, investigators or members of the professional inspection committee.

R.R.Q., 1981, c. A-33, r. 2, s. 4.03.02.

4.03.03. A hearing-aid acoustician shall not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards him. He shall not, in particular, take credit for work done by a colleague.

R.R.Q., 1981, c. A-33, r. 2, s. 4.03.03.

4.03.04. A hearing-aid acoustician who is consulted by a colleague must give the latter his opinion and recommendations as promptly as possible.

R.R.Q., 1981, c. A-33, r. 2, s. 4.03.04.

4.03.05. A hearing-aid acoustician who is called upon to collaborate with a colleague must maintain his professional independence. He may ask to be excused from doing any task of him that is contrary to his conscience or his principles.

R.R.Q., 1981, c. A-33, r. 2, s. 4.03.05.

§ 4 . — Contribution to the advancement of the profession

4.04.01. A hearing-aid acoustician must, as far as he is able, contribute to the development of his profession through the exchange of his knowledge and experience with his colleagues and students and by his participation in courses and continuing training periods.

R.R.Q., 1981, c. A-33, r. 2, s. 4.04.01.

DIVISION V RESTRICTIONS AND OBLIGATIONS RELATING TO ADVERTISING

O.C. 549-2010, s. 19.

5.01. A hearing-aid acoustician may, in a statement or advertisement, inform the public of any aspect of the practice of his profession, subject to the conditions set out in this Code and to the laws and regulations governing the practice of his profession.

O.C. 549-2010, s. 19.

5.02. No hearing-aid acoustician may, by any means whatsoever, engage in or allow advertising that is false, deceitful, incomplete or likely to be misleading.

O.C. 549-2010, s. 19.

5.03. No hearing-aid acoustician may claim specific qualities or skills, in particular as to his level of competence or the scope or effectiveness of his professional services, unless they can be substantiated.

O.C. 549-2010, s. 19.

5.04. No hearing-aid acoustician may use or allow to be used in advertising any endorsement or statement of gratitude in the hearing-aid acoustician’s regard.

O.C. 549-2010, s. 19.

5.05. No hearing-aid acoustician may use advertising practices likely to denigrate or discredit the competence, knowledge or services of a colleague or of another professional.

O.C. 549-2010, s. 19.

5.06. A hearing-aid acoustician must avoid, in advertising, all methods and attitudes likely to give a profit-seeking or commercialistic character to the profession.

O.C. 549-2010, s. 19.

5.07. A hearing-aid acoustician must keep an integral copy of every advertisement in its original form for a period of 12 months following the date on which it was last published or broadcast. On request, the copy must be given to the syndic.

O.C. 549-2010, s. 19.

5.08. A hearing-aid acoustician may use a picture of a hearing aid in his advertising.

He must then include in his advertising a precautionary mention that an assessment by a hearing-aid acoustician is required in order to determine if the hearing aid is suitable for the patient’s needs.

However, no hearing-aid acoustician may, by any means whatsoever, engage in or allow advertising for a brand or model, or advertising that mentions a price, rebate, discount or free hearing aids.

O.C. 549-2010, s. 19.

5.09. In a statement or advertisement mentioning a price, rebate, discount or free products or services other than hearing aids, a hearing-aid acoustician must mention the period of validity of the price, rebate, discount or free products or services, if any.

O.C. 549-2010, s. 19.

5.10. No hearing-aid acoustician may, in a statement or advertisement, by any means whatsoever, give more importance to a price, rebate, discount or free products or services than to the product or service offered.

O.C. 549-2010, s. 19.

5.11. In a statement or advertisement concerning fees or prices, a hearing-aid acoustician must specify the services covered by those fees or prices.

O.C. 549-2010, s. 19.

5.12. No hearing-aid acoustician may, in a statement or advertisement, by any means whatsoever, indicate the price of any of the products or services forming part of a set without indicating the total price of that set of products or services.

O.C. 549-2010, s. 19.

5.13. No hearing-aid acoustician may, in a statement or advertisement, by any means whatsoever, give less importance to the fees or prices of a set of products or services than to the fees or prices of any of the products or services forming part of that set.

O.C. 549-2010, s. 19.

5.14. No hearing-aid acoustician may, in a statement or advertisement, by any means whatsoever, disclose the amount of the instalments to be paid to acquire a product or receive a service without disclosing and also stressing in a more obvious manner the total price or fees for the product or service.

O.C. 549-2010, s. 19.

5.15. A hearing-aid acoustician must refrain from advertising trials or trial periods.

O.C. 549-2010, s. 19.

5.16. A hearing-aid acoustician must indicate on his business card, stationery and in a statement or advertisement, his name, title, the address and telephone number of his professional domicile and, if applicable, the name of the partnership or joint-stock company within which he carries on professional activities.

O.C. 549-2010, s. 19.

5.17. All hearing-aid acousticians who carry on professional activities within a partnership or joint-stock company are solidarily responsible for complying with the rules respecting advertising, unless the advertising clearly indicates the name of the hearing-aid acoustician who is responsible for it or unless the other hearing-aid acousticians establish that the advertising was done without their knowledge and consent and despite the measures taken to ensure compliance with those rules.

O.C. 549-2010, s. 19.

5.18. A hearing-aid acoustician who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that advertising by the partnership or company or by any other person carrying on activities within the partnership or company complies with the rules set out in this Division.

O.C. 549-2010, s. 19.

DIVISION VI GRAPHIC SYMBOL OF THE ORDER

O.C. 549-2010, s. 19.

6.01. The Order is represented by a graphic symbol that conforms to the original held by the secretary of the Order.

O.C. 549-2010, s. 19.

6.02. The use of the graphic symbol of the Order must conform to the original held by the secretary of the Order.

O.C. 549-2010, s. 19.

REFERENCES

R.R.Q., 1981, c. A-33, r. 2

O.C. 167-90, 1990 G.O. 2, 546

S.Q. 2008, c. 11, s. 212

O.C. 549-2010, 2010 G.O. 2, 1900