C-26, r. 226 - Code of ethics of the members of the Ordre professionnel des technologues en prothèses et appareils dentaires du Québec

À jour au 24 septembre 2020

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chapter C-26, r. 226

Code of ethics of the members of the Ordre professionnel des technologues en prothèses et appareils dentaires du Québec

Professional Code

(chapter C-26, s. 87).

R.R.Q., 1981, c. C-26, r. 157; O.C. 991-97, s. 1; S.Q. 2020, c. 15, s. 71.

DIVISION I GENERAL PROVISIONS

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

(a)  “Order” means the Ordre professionnel des technologues en prothèses et appareils dentaires du Québec;

(b)  (paragraph revoked);

(c)  “client” means a dentist, denturologist or physician who signs a prescription for the fabrication or repair or a dental prosthesis.

R.R.Q., 1981, c. C-26, r. 157, s. 1.01; S.Q. 2020, c. 15, s. 63.

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

R.R.Q., 1981, c. C-26, r. 157, s. 1.02.

DIVISION II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2.01. A dental prosthesis and appliance technologist must, unless he has sound reasons to the contrary, support every measure likely to improve the quality and availability of professional services in the field of the fabrication and repair of dental prosthesis.

R.R.Q., 1981, c. C-26, r. 157, s. 2.01; S.Q. 2020, c. 15, s. 64.

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

R.R.Q., 1981, c. C-26, r. 157, s. 2.02.

2.03. A technologist must promote measures of education and information in the field in which he practises. Unless he has sound reasons to the contrary, he must also, in the practice of his profession, perform the necessary acts to ensure such education and information.

R.R.Q., 1981, c. C-26, r. 157, s. 2.03.

DIVISION III DUTIES AND OBLIGATIONS TOWARDS CLIENTS

§ 1 . — General provisions

3.01.01. Before agreeing to render a professional service to a client, a technologist must bear in mind the extent of his proficiency, knowledge and the means at his disposal. More specifically, he must not undertake work for which the means of his disposal are insufficient or for which he is insufficiently prepared without obtaining the necessary assistance.

R.R.Q., 1981, c. C-26, r. 157, s. 3.01.01.

3.01.02. A technologist must all times recognize his client’s right to consult a colleague, a member of another professional order, or any other competent, qualified person.

R.R.Q., 1981, c. C-26, r. 157, s. 3.01.02.

3.01.03. A technologist must not practise under conditions or circumstances that could impair the quality of his services.

In particular, a technologist who is the director of a laboratory must ensure that the laboratory under his direction, or whose services he retains, conforms to the laws and regulations in force and contains the installations and equipment necessary to the rendering of those professional services that correspond to the mandates he accepts.

R.R.Q., 1981, c. C-26, r. 157, s. 3.01.03.

3.01.04. A technologist must try to establish a relationship of mutual trust between the client and himself. He must, therefore, practise his profession in such manner as to ensure the client all the professional services to which the latter is entitled in accordance with the prescription he fills. In the practice of his profession, he must not give an opinion on subjects unrelated to dental technology.

R.R.Q., 1981, c. C-26, r. 157, s. 3.01.04.

3.01.05. A technologist must not do anything, whether by commission or omission, which contravenes current professional standards or scientific knowledge.

R.R.Q., 1981, c. C-26, r. 157, s. 3.01.05.

§ 2 . — Integrity

3.02.01. A technologist must discharge his professional duties with integrity.

R.R.Q., 1981, c. C-26, r. 157, s. 3.02.01.

3.02.02. A technologist must avoid any false representation with respect to his level of competence, the efficiency of his own services and those generally provided by the members of his profession and the scope of the services he is able to provide with the means at his disposal. If the quality of the services requested of him so requires he must consult a colleague, a member of another professional order or another competent, qualified person, or send his client to one of these persons.

R.R.Q., 1981, c. C-26, r. 157, s. 3.02.02.

3.02.03. A technologist must take reasonable care of any property entrusted to him by a client and he may not lend it or use it for purposes other than those for which it was entrusted to him.

R.R.Q., 1981, c. C-26, r. 157, s. 3.02.03.

3.02.04. A technologist must inform his client of any illegal act likely to benefit that client and of which he has become aware while carrying out his mandate. He must further inform his client that he refuses to perform an illegal act of any kind and particularly one which is likely to benefit that client.

R.R.Q., 1981, c. C-26, r. 157, s. 3.02.04.

§ 3 . — Availability and diligence

3.03.01. A technologist must display reasonable availability and diligence in the practice of his profession.

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.01.

3.03.02. In addition to such opinion and advice as he is qualified to give his client, a technologist must provide that client, if the latter so requests, with any explanation necessary to the understanding and evaluation of the composition, properties and quality of the dental prosthesis provided and the professional services rendered to that client.

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.02.

3.03.03. A technologist must give an accounting to his client when so requested by the latter.

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.03.

3.03.04. A technologist must be objective and impartial when a dentist, denturologist or physician who is not his client asks him for information.

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.04.

3.03.05. Unless he has sound and reasonable grounds to the contrary, a technologist may not cease to act for the account of a client in regard to a mandate he has already accepted. The following shall, in particular, constitute sound and reasonable grounds:

(a)  loss of the client’s confidence;

(b)  the fact that the technologist is in a situation of conflict of interest or in a context where his professional independence or his integrity could be questioned;

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

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.05.

3.03.06. When a technologist ceases to act for the account of a client with respect to a specific mandate, he must immediately give that client notice thereof in writing.

R.R.Q., 1981, c. C-26, r. 157, s. 3.03.06.

§ 4 . — Liability

3.04.01. A technologist must, in the practice of his profession, completely bind his personal civil liability with respect to his client. He is thus prohibited from entering in a contract of professional services with a client a clause directly or indirectly excluding, in whole or in part, the said liability.

R.R.Q., 1981, c. C-26, r. 157, s. 3.04.01.

§ 5 . — Independence and impartiality

3.05.01. A technologist must subordinate his personal interest to that of his client.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.01.

3.05.02. A technologist must ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his client.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.02.

3.05.03. A technologist must at all times safeguard his professional independence and avoid any situation in which he would be in conflict of interest. Without restricting the generality of the foregoing, a technologist:

(a)  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 client or where his judgment and loyalty towards the latter might be unfavourably affected;

(b)  is not an objective adviser if he derives a direct or indirect, real or possible, personal benefit from any given act.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.03.

3.05.04. As soon as he ascertains that he is in a situation of conflict of interest, a technologist must notify his client thereof and ask him for authorization to continue his mandate.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.04.

3.05.05. A technologist may share his fees with another person only to the extent that such sharing corresponds to a distribution of services and responsibility.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.05.

3.05.06. A technologist shall not receive, other than the remuneration to which he is entitled, any benefit, allowance or commission relative to the practice of his profession.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.06.

3.05.07. For a given service, a technologist must only accept fees from one source, unless explicitly agreed upon otherwise by all the parties concerned. He shall accept the payment of these fees only from his client or the latter’s representative.

R.R.Q., 1981, c. C-26, r. 157, s. 3.05.07.

§ 6 . — Professional secrecy

3.06.01. A technologist must respect the secrecy of all confidential information obtained in the practice of his profession.

R.R.Q., 1981, c. C-26, r. 157, s. 3.06.01.

§ 6.1 . — Lifting of professional secrecy to protect individuals

O.C. 834-2003, s. 1.

3.06.01.01. In addition to the cases provided for in section 3.06.02, a technologist may communicate information that is protected by professional secrecy to prevent an act of violence, including a suicide, where the technologist 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 technologist may only communicate the information to a person exposed to the danger, to that person’s representative or to the persons who can come to that person’s aid.

The technologist may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

O.C. 834-2003, s. 1.

3.06.01.02. A technologist who, pursuant to section 3.06.01.01, communicates information protected by professional secrecy to prevent an act of violence must

(1)  communicate the information immediately; and

(2)  enter the following particulars in the client’s record as soon as possible:

(a)  the date and time of the communication;

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

(c)  the subject of the communication, the mode of communication, and the name of the person to whom the information was given.

O.C. 834-2003, s. 1.

3.06.02. A technologist may be released from professional secrecy only upon the authorization of his client or when so ordered by law.

R.R.Q., 1981, c. C-26, r. 157, s. 3.06.02.

3.06.03. When a technologist asks a client to give him confidential information or when he allows such information to be given to him, he must ensure that the client 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. C-26, r. 157, s. 3.06.03.

3.06.04. A technologist must avoid indiscreet conversations concerning a client and the services rendered to him.

R.R.Q., 1981, c. C-26, r. 157, s. 3.06.04.

3.06.05. A technologist must not make use of confidential information which could be prejudicial to a client or with a view to obtaining a direct or indirect benefit for himself or for another.

R.R.Q., 1981, c. C-26, r. 157, s. 3.06.05.

§ 7 . — Terms and conditions governing the exercise of the rights of access and correction provided for in sections 60.5 and 60.6 of the Professional Code as well as the obligation for technologists to release documents to a client

R.R.Q., 1981, c. C-26, r. 157; O.C. 187-2003, s. 1.

3.07.01. A technologist may require that a request contemplated in section 3.07.02, 3.07.05 or 3.07.08 be made at the workplace of the technologist during regular business hours.

R.R.Q., 1981, c. C-26, r. 157, s. 3.07.01; O.C. 187-2003, s. 1.

3.07.02. In addition to the special rules prescribed by law, a technologist shall respond promptly, and no later than within 30 days of its receipt, to any request made by a client:

(1)  to examine documents concerning the client in any record established in the client’s respect; and

(2)  to obtain a copy of documents concerning the client in any record established in the client’s respect.

O.C. 187-2003, s. 1.

3.07.03. A technologist who grants a request referred to in section 3.07.02 shall give the client access to the documents, free of charge. However, the technologist may, with respect to a request referred to in paragraph 2 of section 3.07.02, charge from the client reasonable fees not exceeding the cost for reproducing or transcribing the documents or the cost for transmitting a copy.

The technologist who charges such fees shall, before proceeding with the copying, transcribing or sending of the documents, inform the client of the approximate amount that must be paid.

O.C. 187-2003, s. 1.

3.07.04. A technologist who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), denies a client access to the information concerning such client contained in any record established in the client’s respect, shall notify the client in writing of the reasons for the refusal.

O.C. 187-2003, s. 1.

3.07.05. In addition to the special rules prescribed by law, a technologist shall respond promptly, and no later than within 30 days of its receipt, to any request made by a client:

(1)  to cause to be corrected, in any document concerning the client and included in a record established in the client’s respect, any information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected;

(2)  to cause to be deleted any information that is outdated or not justified by the object of the record established in the client’s respect; or

(3)  to file in the record established in the client’s respect the written comments made by the client.

O.C. 187-2003, s. 1.

3.07.06. A technologist who grants a request referred to in section 3.07.05 shall issue to the client, free of charge, a copy of the document or part of the document to allow the client to see for himself or herself that the information was corrected or deleted or, as the case may be, an attestation that the written comments of the client were filed in the record.

O.C. 187-2003, s. 1.

3.07.07. Upon request by a client, a technologist shall send a copy free of charge of the corrected information or an attestation that the information was deleted or, as the case may be, that the written comments were filed in the record to any person from whom the technologist received the information that was subject to the correction, deletion or comments and to any person to whom the information was provided.

O.C. 187-2003, s. 1.

3.07.08. A technologist shall respond promptly to any written request made by a client to retrieve a document given by the client.

The technologist shall indicate in the client’s record, where applicable, the reasons supporting the client’s request.

O.C. 187-2003, s. 1.

§ 8 . — Determination and payment of fees

3.08.01. A technologist must charge fair and reasonable fees. Fees are fair and reasonable if they are warranted by the circumstances and in proportion to the services rendered. A technologist must take the following specific 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;

(d)  the cost of the materials used and the extent of the means necessary to the provision of a specific professional service.

R.R.Q., 1981, c. C-26, r. 157, s. 3.08.01.

3.08.02. A technologist must provide his client with all the explanations necessary to the understanding of his statement of fees and the terms and conditions of payment.

R.R.Q., 1981, c. C-26, r. 157, s. 3.08.02.

3.08.03. A technologist must, if requested to do so, notify his client of the probable approximate cost of his services.

He may not demand advance payment of his fees, except in special cases where he has sound reason to do so and has reached an agreement to that effect with his client.

R.R.Q., 1981, c. C-26, r. 157, s. 3.08.03.

3.08.04. When a client entrusts a mandate to a technologist, such client must be informed of the rate of interest that will be charged if he neglects to pay the technologist’s fees within a reasonable, previously established, time period. The interest thus charged must be at a reasonable rate.

R.R.Q., 1981, c. C-26, r. 157, s. 3.08.04.

3.08.05. Before having recourse to legal proceedings, a technologist must have exhausted all other reasonable means at his disposal for obtaining payment of his fees.

R.R.Q., 1981, c. C-26, r. 157, s. 3.08.05.

3.08.06. Where a technologist 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. C-26, r. 157, s. 3.08.06.

DIVISION IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

§ 1 . — Incompatible professions and occupations

4.01.01. The professions of dentist, denturologist, physician and dental hygienist are incompatible with the practice of the profession of technologist.

R.R.Q., 1981, c. C-26, r. 157, s. 4.01.01.

§ 2 . — Derogatory acts

4.02.01. In addition to those referred to in sections 57 and 58 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession:

(a)  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;

(b)  not bringing to the attention of the Order that he has reason to believe that a technologist is incompetent or does not respect professional ethics;

(c)  fabricating, repairing or allowing that a dental prosthesis be fabricated or repaired without the written prescription of a dentist, denturologist or physician;

(d)  using in the fabrication or repair of a dental prosthesis materials other than those specified in the dentist’s, denturologist’s or physician’s prescription without having first given the dentist, denturologist or physician the technologist’s reasons for such substitution of materials. The use of a substance containing the same properties as the substance prescribed designated by a different brand name is not considered a substitution of materials within the meaning of this paragraph;

(e)  accepting to perform professional acts which come within the jurisdiction of dentists, denturologists, physicians and dental hygienists, subject to the acts described in paragraph l of section 37 of the Professional Code;

(f)  providing a receipt or other document for the purpose of falsely stating that his services have been rendered;

(g)  claiming fees for professional acts that he has not performed or of which he gives a false description;

(h)  billing a client for a professional service or part of a professional service the cost of which is assumed by a third party.

R.R.Q., 1981, c. C-26, r. 157, s. 4.02.01; S.Q. 2020, c. 15, s. 65.

§ 3 . — Relations with the Order and colleagues

4.03.01. A technologist 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 sound reasons for refusing it.

R.R.Q., 1981, c. C-26, r. 157, s. 4.03.01.

4.03.02. A technologist 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. C-26, r. 157, s. 4.03.02.

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

R.R.Q., 1981, c. C-26, r. 157, s. 4.03.03.

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

R.R.Q., 1981, c. C-26, r. 157, s. 4.03.04.

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

R.R.Q., 1981, c. C-26, r. 157, s. 4.03.05.

§ 4 . — Contribution to the advancement of the profession

4.04.01. A technologist 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 with students, and by his participation in courses and continuing training periods.

R.R.Q., 1981, c. C-26, r. 157, s. 4.04.01.

DIVISION V RESTRICTIONS AND OBLIGATIONS RELATING TO ADVERTISING

O.C. 991-97, s. 2.

5.01.01. A technologist may not, in any way whatsoever, engage in advertising that is false, deceptive, incomplete or likely to mislead, nor may he allow any person to do so.

O.C. 991-97, s. 2.

5.01.02. A technologist must not claim to possess specific qualities or skills relating, in particular, to his level of competence or to the scope or effectiveness of his services, unless he can substantiate such claim.

O.C. 991-97, s. 2.

5.01.03. In his advertising, a technologist may not use an endorsement or statement of gratitude concerning himself, nor allow the use of such endorsement or statement, except for awards for excellence and other prizes in recognition of a contribution or an achievement which reflects honourably on the profession.

O.C. 991-97, s. 2.

5.01.04. A technologist may not engage in advertising that directly or indirectly depreciates services or goods provided by another technologist or a member of another professional order.

O.C. 991-97, s. 2.

5.01.05. A technologist who advertises fees must:

(1)  establish fixed prices;

(2)  specify the nature and the scope of the services included in those prices and the characteristics of the goods offered, except where all the goods on the premises are included;

(3)  indicate whether there are any required additional services or goods not included in those prices;

(4)  stress the services or goods offered more than the price.

Those specifications and indications shall be of such a nature as to be understood by persons having no particular knowledge of the goods or services offered by a technologist.

Any price must remain in force for a minimum period of 90 days after it was last published or broadcast. However, nothing shall prevent a technologist from agreeing with a client on a price lower than the one published or broadcast.

O.C. 991-97, s. 2.

5.01.06. A technologist may engage in advertising concerning goods only to the extent that he has or can obtain a sufficient quantity of those goods to meet the public’s demand, unless he mentions in his advertising that he has only a limited quantity and indicates that quantity.

O.C. 991-97, s. 2.

5.01.07. A technologist must indicate his name and title in any advertising.

O.C. 991-97, s. 2; S.Q. 2020, c. 15, s. 66.

5.01.08. A technologist must ensure that the persons working with him in any way whatsoever in the practice of his profession comply with the rules respecting advertising.

O.C. 991-97, s. 2.

5.01.09. All technologists who are partners in the practice of their profession are solidarily responsible for compliance with the rules respecting advertising, unless one of the technologists demonstrates that the advertising was done without his knowledge or consent and in disregard of the measures taken to ensure compliance with those rules.

O.C. 991-97, s. 2.

5.01.10. A technologist must keep a complete copy of every advertisement in its original form for a period of 3 years following the date on which it was last published or broadcast. The copy must be given to the syndic upon request.

O.C. 991-97, s. 2.

DIVISION VI GRAPHIC SYMBOL OF THE ORDER

O.C. 991-97, s. 2.

6.01.01. The Order is represented by a graphic symbol that is in conformity with the original held by the secretary of the Order.

O.C. 991-97, s. 2.

6.01.02. Where a technologist reproduces the graphic symbol of the Order in his advertising, he must ensure that the symbol is in conformity with the original held by the secretary of the Order.

O.C. 991-97, s. 2.

REFERENCES

R.R.Q., 1981, c. C-26, r. 157

O.C. 991-97, 1997 G.O. 2, 4327

O.C. 187-2003, 2003 G.O., 1099

O.C. 834-2003, 2003 G.O. 2, 2712

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

S.Q. 2020, c. 15, ss. 63 to 66 and 71