D-3, r. 4 - Code of ethics of dentists

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter D-3, r. 4

Code of ethics of dentists

Dental Act

(chapter D-3, 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 dentistes du Québec;

(b)  “dentist” means a person who is entered on the roll of the Order.

R.R.Q., 1981, c. D-3, r. 4, s. 1.01.

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

R.R.Q., 1981, c. D-3, r. 4, s. 1.02.

1.03. The dentist must take reasonable measures to ensure that each person, employee, shareholder or partner involved with him in the practice of his profession complies with the Dental Act (chapter D-3), the Professional Code (chapter 26) and the regulations thereunder.

A dentist who practises his profession within a limited liability partnership or joint-stock company shall ensure the foregoing entity complies with the Dental Act, the Professional Code and the regulations thereunder.

O.C. 499-2008, s. 1.

1.04. The dentist’s duties and obligations under the Dental Act (chapter D-3), the Professional Code (chapter 26) and the regulations thereunder are in no way changed or reduced by the fact that he practises the profession within a limited liability partnership or joint-stock company.

O.C. 499-2008, s. 1.

DIVISION II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2.01. A dentist shall, unless he has sound reasons to the contrary, support every measure likely to improve the quality and availability of professional services in the field in which he practises and shall participate in the improvement of public health.

R.R.Q., 1981, c. D-3, r. 4, s. 2.01.

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

R.R.Q., 1981, c. D-3, r. 4, s. 2.02.

2.03. A dentist shall 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, do what is required to ensure such education and information.

R.R.Q., 1981, c. D-3, r. 4, s. 2.03.

2.04. A dentist must keep his theoretical and clinical knowledge up-to-date in accordance with the evolution of the art and science of dentistry.

R.R.Q., 1981, c. D-3, r. 4, s. 2.04.

2.05. A dentist may not refuse to provide professional services to a patient for reasons related to the nature of the disease or handicap affecting that patient.

O.C. 673-96, s. 1.

DIVISION III DUTIES AND OBLIGATIONS TOWARDS PATIENTS

§ 1 . — General provisions

3.01.01. Before accepting a mandate, a dentist 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. D-3, r. 4, s. 3.01.01.

3.01.02. A dentist shall at all times recognize the right of a patient to consult a colleague, a member of another professional order or another competent person.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.02.

3.01.03. A dentist shall practise his profession in accordance with scientific standards generally recognized in dentistry.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.03.

3.01.04. A dentist must provide a service or give prescriptions only when these are necessary from a dental point of view.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.04.

3.01.05. A dentist shall avoid performing or multiplying professional acts in the practice of his profession without sufficient reason and shall refrain from performing an act which is not suitable or proportionate to the need of his patient.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.05.

3.01.06. A dentist shall observe the generally accepted rules of hygiene and asepsis.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.06.

3.01.07. A dentist shall endeavor to establish a relationship of mutual trust between the patient and himself particularly by acting in an amiable and correct manner.

He must not interfere in the personal affairs of his patient on subjects not relevant to the practice of his profession.

R.R.Q., 1981, c. D-3, r. 4, s. 3.01.07.

3.01.08. A dentist shall examine the patient and establish a treatment plan before a denturologist performs, under his supervision, an act for the purpose of fitting, inserting, adapting or replacing a prosthesis that attaches indirectly to the osteointegrated implants.

He shall see the patient again following the denturologist’s intervention in order to verify the carrying out of the treatment plan, and shall ensure, where required, that the necessary alterations or adjustments are made.

O.C. 1360-94, s. 1.

3.01.09. The dentist must adequately supervise his employees.

O.C. 499-2008, s. 2.

§ 2 . — Integrity

3.02.01. A dentist shall discharge his professional duties with integrity.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.01.

3.02.02. A dentist shall avoid any misrepresentation with respect to his level of competence or the efficacy of his own services and of those generally provided by the members of his profession. If the good of the patient so requires, he must, with the latter’s authorization, consult a colleague, a member of another professional order or another competent person, or refer him to one of these persons.

Similarly, he must avoid false representation with respect to the competence or efficacy of the services generally provided by the individuals exercising their professional activities within that same company.

The attending dentist must then, with the patient’s authorization and at the patient’s expense, provide the person consulted, or to whom he has sent the patient, with all pertinent information and copies of any documents considered useful by that person.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.02; O.C. 499-2008, s. 3.

3.02.03. A dentist must set out in a simple, and easily understandable objective manner to his patient or to a person legally responsible for him the nature and scope of the problem which, in his opinion, arises from the patient’s condition.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.03.

3.02.04. Before undertaking any treatment, a dentist must inform his patient or a person legally responsible for him of the extent and terms and conditions of the treatment the patient’s condition warrants and the cost involved, and obtain his agreement thereto.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.04.

3.02.05. A dentist shall refrain from performing an act or making a diagnosis without sufficient knowledge of the facts justifying them.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.05.

3.02.06. A dentist must inform his patient as soon as possible of any complication or other difficulty occurring during the treatment necessitated by his condition as well as the possible financial implications thereof.

R.R.Q., 1981, c. D-3, r. 4, s. 3.02.06.

§ 3 . — Availability and diligence

3.03.01. In the practice of his profession, a dentist must display reasonable availability and diligence and provide the care the patient’s condition requires.

R.R.Q., 1981, c. D-3, r. 4, s. 3.03.01.

3.03.02. A dentist must be objective and honest when a person likely to become a patient asks him for information.

R.R.Q., 1981, c. D-3, r. 4, s. 3.03.02.

3.03.03. A dentist may not cease treating a patient unless he has sound and reasonable grounds for doing so.

R.R.Q., 1981, c. D-3, r. 4, s. 3.03.03.

3.03.04. Before ceasing the treatment of a patient, a dentist must advise him of his intention and ensure that such termination of service is not detrimental to the patient’s health.

R.R.Q., 1981, c. D-3, r. 4, s. 3.03.04.

§ 4 . — Liability

3.04.01. A dentist must, in the practice of his profession, fully commit his personal civil liability. He is thus prohibited from inserting in a contract for professional services a clause excluding such liability, directly or indirectly, in whole or in part.

R.R.Q., 1981, c. D-3, r. 4, s. 3.04.01.

§ 5 . — Independence and impartiality

3.05.01. The dentist shall subordinate his personal interest as well as that of the limited liability partnership or joint-stock company in which he exercises his professional activities or in which he has an interest, to that of his patient.

R.R.Q., 1981, c. D-3, r. 4, s. 3.05.01; O.C. 499-2008, s. 4.

3.05.02. A dentist 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. D-3, r. 4, s. 3.05.02.

3.05.03. A dentist must safeguard his professional independence and avoid any situation which could put him in conflict of interest. A dentist is in conflict of interest, in particular, when he is in a situation where his judgement might be unfavourably affected to the detriment of his patient or his professional independence could be questioned.

R.R.Q., 1981, c. D-3, r. 4, s. 3.05.03.

3.05.04. As soon as he ascertains that he is in a situation of conflict of interest, a dentist must either cease treatment or notify his patient thereof and ask for his authorization to continue the treatment.

R.R.Q., 1981, c. D-3, r. 4, s. 3.05.04.

3.05.05. The dentist shall refrain from:

(1)  unduly seeking or obtaining profit from the prescribing of apparatuses, examinations, medications or treatments;

(2)  granting, in the practice of his profession, any advantage, commission or rebate to any person whomsoever;

(3)  accepting, in his capacity as a dentist or by using his title of dentist, any commission, rebate or material advantage other than customary tokens of appreciation and gifts of modest value.

R.R.Q., 1981, c. D-3, r. 4, s. 3.05.05; O.C. 499-2008, s. 5.

3.05.06. Where a partner, shareholder, director, officer or employee of a limited liability partnership or a joint-stock company in which the dentist exercises his professional activities or has interests, is in a conflict of interest, upon becoming aware thereof, the dentist shall take appropriate measures to ensure that any information or documents pertaining to professional secrecy shall not be disclosed to such partner, shareholder, director, officer or employee.

To determine the effectiveness of such measures, the following factors shall be taken into account:

(1)  the size of the limited liability partnership or joint-stock company;

(2)  the precautionary measures taken to prevent access to the dentist’s records by the person in a conflict of interest;

(3)  the instructions given regarding the protection of the confidential information or documents related to this conflict of interest;

(4)  the relative isolation of the person in the conflict of interest.

O.C. 499-2008, s. 5.

3.05.07. The dentist shall not share his fees with anyone other than a dentist or person, trust or enterprise named in paragraph 1 or 2 of section 3 of the Regulation respecting the practice of the dental profession within a limited liability partnership or a joint-stock company (chapter D-3. r. 9).

Where a dentist exercises his professional activities within a limited liability partnership or a joint-stock company, the income resulting from the professional services that he has rendered within the foregoing entity and on behalf thereof, then belongs to this limited liability partnership or joint-stock company, unless otherwise agreed upon.

O.C. 499-2008, s. 5.

3.05.08. The dentist shall not participate in any agreement whereby the nature and the extent of the professional expenditures may influence the quality of his practice.

Similarly, the dentist shall not participate in any agreement with another dental health care professional whereby the nature and the extent of the professional expenditures of the latter may influence the quality of his practice.

Any agreement concluded by a dentist, partnership or joint-stock company of which he is a partner or shareholder and that pertains to the use of a building or space in which to carry out his professional activities must be in writing and include a statement by the parties, attesting that the obligations stemming therefrom comply with the provisions of this Code, as well as a clause authorizing the Order to have access to this agreement on request.

O.C. 499-2008, s. 5.

§ 6 . — Professional secrecy

3.06.01. Every dentist must preserve the secrecy of all confidential information that becomes known to the dentist in the practice of the profession.

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.01; O.C. 580-2005, s. 1.

3.06.02. A dentist may be released from the obligation to preserve professional secrecy only with the patient’s authorization or where so ordered by law.

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.02; O.C. 580-2005, s. 1.

3.06.03. To preserve professional secrecy, a dentist shall

(1)  maintain the confidentiality of all information that becomes known to the dentist in the practice of the profession;

(2)  avoid holding or participating in indiscreet conversations concerning a patient and the services provided to the patient;

(3)  take reasonable measures to ensure that the persons working with the dentist or carrying out their activities within the same company where the dentist practises his profession preserve professional secrecy;

(4)  refrain from disclosing facts or confidences that become known to the dentist, except with the patient’s written authorization or where so ordered by law; and

(5)  refrain from disclosing the fact that a person has requested the dentist’s services where that fact is likely to cause harm to the person, unless the nature of the matter requires it.

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.03; O.C. 580-2005, s. 1; O.C. 499-2008, s. 6.

3.06.04. Where a dentist requests confidential information from a patient or becomes aware of confidential information, the dentist shall ensure that the patient is fully aware of the uses that may be made of the information.

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.04; O.C. 580-2005, s. 1.

3.06.05. A dentist shall report to the Director of Youth Protection any situation in respect of which the dentist has reasonable grounds to believe that the security or development of a child is or may be considered to be in danger within the meaning of sections 38 and 38.1 of the Youth Protection Act (chapter P-34.1); the dentist shall provide the director with any information the dentist considers relevant in order to protect the child.

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.05; O.C. 580-2005, s. 1.

3.06.06. In addition to the circumstances referred to in section 3.06.02, a dentist may communicate information that is protected by professional secrecy in order to prevent an act of violence, including a suicide, where the dentist 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, a dentist may only communicate the information to the person or persons exposed to the danger or the person’s representative and to the persons who can come to the person’s aid.

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

R.R.Q., 1981, c. D-3, r. 4, s. 3.06.06; O.C. 580-2005, s. 1.

3.06.07. A dentist who, pursuant to section 3.06.06, communicates information protected by professional secrecy to prevent an act of violence must:

(1)  communicate the information in timely fashion so that it is possible to prevent the events; and

(2)  enter the following particulars in the patient’s record:

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

(b)  the content of the communication, the mode of communication, the name and particulars of the person to whom the information was given, and the date and time of the communication.

O.C. 580-2005, s. 1.

§ 7 . — Accessibility and correction of records and release of documents

R.R.Q., 1981, c. D-3, r. 4, sd. 7; O.C. 922-2002, s. 1.

3.07.01. In addition to the special rules prescribed by law, a dentist must respond with diligence and not later than 30 days after receipt thereof to any request from a patient whose purpose is

(1)  to examine documents that concern that patient in any record established in respect of the patient; or

(2)  to obtain a copy of the documents that concern that patient in any record established in respect of the patient.

R.R.Q., 1981, c. D-3, r. 4, s. 3.07.01; O.C. 922-2002, s. 1.

3.07.02. A dentist who grants a request referred to in section 3.07.01 shall allow a patient access to documents free of charge. However, a dentist who receives a request referred to in paragraph 2 of section 3.07.01 may charge the patient reasonable fees not exceeding the cost for reproducing or transcribing documents or for transmitting a copy of documents.

The dentist shall notify the patient of the approximate cost before reproducing, transcribing or transmitting the requested information or copies.

O.C. 922-2002, s. 1.

3.07.03. A dentist who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to allow a patient access to the information contained in a record established in respect of that patient shall inform the patient in writing of the reason for the refusal where the disclosure would be likely to cause serious harm to the patient or to a third person.

O.C. 922-2002, s. 1.

3.07.04. In addition to the special rules prescribed by law, a dentist must respond with diligence and not later than 30 days after receipt thereof to any request from a patient whose purpose is

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

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

(3)  to file the patient’s written comments in the record established in respect of the patient.

O.C. 922-2002, s. 1.

3.07.05. A dentist who grants a request referred to in section 3.07.04 shall issue to the patient, free of charge, a copy of the document or part of the document so that the patient may see that the information was corrected or deleted or, as the case may be, an attestation that the patient’s written comments were filed in the record.

Upon a patient’s written request, a dentist shall forward free of charge a copy of that information or, as the case may be, of that attestation to any person from whom the dentist received the information and to any person to whom the information was provided.

O.C. 922-2002, s. 1.

3.07.06. A dentist must respond with diligence to any written request from a patient to take back a document entrusted to that dentist.

A dentist shall indicate in the patient’s file, where applicable, the reasons that support the patient’s request.

O.C. 922-2002, s. 1.

3.07.07. A dentist may require that a request referred to in section 3.07.01, 3.07.04 or 3.07.06 be made at the dentist’s professional domicile during regular office hours.

O.C. 922-2002, s. 1.

§ 8 . — Determination and payment of fees

3.08.01. A dentist shall establish and charge fair and reasonable fees.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.01.

3.08.02. The fees are fair and reasonable if they correspond to the services rendered and are warranted by the circumstances. In determining his fees, the dentist must in particular take the following factors into account:

(a)  the time given to the carrying out of the professional service;

(b)  the complexity and extent of the service;

(c)  the performance of unusual services or services requiring exceptional competence or speed;

(d)  the amount of any disbursements and expenses incurred by him.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.02.

3.08.03. A dentist shall provide his patient with the explanations necessary to the understanding of his fees and of the terms and conditions of payment and, upon request, a detailed statement of his fees.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.03.

3.08.04. A dentist shall notify his patient of the approximate cost of his services before beginning the treatment and shall refrain from demanding full advance payment for his services.

If projected treatment on which agreement has been reached must be changed, the dentist shall inform the patient without delay of the additional fees that this change will entail.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.04.

3.08.05. A dentist may collect interest on outstanding accounts only after having duly notified his patient. The interest thus charged must be at a reasonable rate.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.05.

3.08.06. A dentist must refrain from selling his outstanding accounts.

R.R.Q., 1981, c. D-3, r. 4, s. 3.08.06.

§ 9 . — Conditions, obligations and prohibitions respecting advertising

O.C. 279-93, s. 1.

3.09.01. A dentist’s advertising shall contain only information that will help the public to make an enlightened choice and that will facilitate the public’s access to useful or necessary dental services.

The information shall be such that it informs persons having no particular knowledge of dentistry.

O.C. 279-93, s. 1.

3.09.02. A dentist may not engage in, or allow the use of, by any means whatsoever, advertising that is false, misleading, incomplete or liable to mislead.

A dentist may not claim to possess specific qualities or skills, particularly in respect of his level of competence or the range or effectiveness of his services, unless he can substantiate such claim on request.

O.C. 279-93, s. 1.

3.09.03. A dentist shall refrain from using comparative advertising.

O.C. 279-93, s. 1.

3.09.04. Only a dentist recognized by the Order in accordance with a regulation made pursuant to paragraph e of section 94 of the Professional Code (chapter C-26) may advertise a specialty.

A dentist who has been issued a restricted permit may advertise only the services that he is able to provide.

O.C. 279-93, s. 1.

3.09.05. A dentist who is not recognized as a specialist by the Order may not advertise any service whatsoever, unless the words “General Dentist” and the abbreviations for those of his university degrees that have been recognized by the Order are clearly stated after his name.

A dentist may not advertise himself under titles other than those recognized by the Order, that is, “dentist” or “dental surgeon” and, if he holds a specialist’s certificate, his specialist’s titles. In addition, he may have his name followed only by university titles or other titles that are recognized by the Order.

O.C. 279-93, s. 1; O.C. 673-96, s. 2.

3.09.06. A dentist referred to in section 3.09.05 may advertise the services offered using only a clear, precise formulation containing the word “service”, as in the formulations “endodontic service” and “crown and bridge service”.

O.C. 279-93, s. 1.

3.09.07. Where a dentist advertises a price, he shall state only the following information in addition to his business name, address and telephone number:

(1)  the regular price that he charges for the item or service announced in the advertisement and, where applicable, the exceptional price that he has set for such item or service, including the date on which the exceptional price will end;

(2)  the kind of item or service that is offered for the price;

(3)  the kind of materials that are used in rendering the service advertised;

(4)  any laboratory or other services included in the service advertised; and

(5)  any additional services required but not included.

Where a dentist sets an exceptional price, the information provided for in subparagraph 1 of the first paragraph shall be expressed only as “regular price”, “exceptional price” and “exceptional price ends”.

In the case of a visual advertisement showing the regular price and the exceptional price, characters of the same size shall be used for both prices.

O.C. 279-93, s. 1.

3.09.08. Any regular price advertised shall remain in force for not less than 90 days following the date on which it last appears.

O.C. 279-93, s. 1.

3.09.09. A dentist may not use, or allow to be used, by any means whatsoever, advertising that targets persons who may be physically or emotionally vulnerable because of age or the occurrence of a specific event.

O.C. 279-93, s. 1.

3.09.10. A dentist, where advertising or when speaking or appearing in public, may not use or allow the use of an endorsement or of a statement of gratitude concerning him.

O.C. 279-93, s. 1.

3.09.11. A dentist shall retain a complete copy of every advertisement for a period of 5 years following the date on which it last appears. The copy shall be remitted to the syndic on request.

O.C. 279-93, s. 1.

§ 10 . — Graphic symbol of the Order and dentistry

O.C. 279-93, s. 1.

3.10.01. The Order shall be represented by a graphic symbol that conforms to the original held by the secretary of the Order.

O.C. 279-93, s. 1.

3.10.02. Where a dentist reproduces the graphic symbol of the Order for advertising purposes, he shall ensure that the symbol conforms to the original held by the secretary of the Order.

O.C. 279-93, s. 1.

3.10.03. Where a dentist uses the graphic symbol of dentistry, he shall ensure that the symbol conforms to the copy held by the secretary of the Order.

O.C. 279-93, s. 1.

3.10.04. Where the dentist uses the logo of the Order for advertising purposes, he shall ensure that such advertising is not interpreted as advertising for the Order, and that it does not bind the Order in any way.

O.C. 499-2008, s. 7.

DIVISION IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

§ 1 . — Incompatible office and function

4.01.01. The sale of dental hygiene equipment in consulting rooms is incompatible with the practice of dentistry.

R.R.Q., 1981, c. D-3, r. 4, s. 4.01.01.

§ 2 . — Derogatory acts

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

(a)  pressing or repeated inducement to make use of his professional services;

(b)  communicating with the plaintiff without the prior written permission of the syndic or his assistant where he is informed of an inquiry into his professional conduct or competence or whenever a complaint has been served on him;

(c)  neglecting to inform the Order if he has reason to believe that a dentist is incompetent or departing from the professional code of ethics;

(d)  providing a receipt or any other document falsely indicating that services were rendered;

(e)  claiming fees for professional acts not performed or falsely described;

(f)  claiming a sum of money from a patient for a professional service or part of a professional service whose cost is assumed by a third party;

(g)  contributing to the illegal practice of dentistry or collaborating with a person so engaged;

(h)  giving any person for any reason a false certificate of ill health or any other document containing untrue or unverified information;

(i)  dispensing or claiming to dispense secret remedies or treatments;

(j)  directly or indirectly guaranteeing the effectiveness of a treatment;

(k)  seeking to obtain or obtaining either a commission or a direct or indirect rebate for the prescription of medication, examinations, tests, treatments or the manufacturing of dental equipment;

(l)  requiring, accepting or offering money or any other benefit for contributing or having contributed to the adoption of any proceeding or decision of the board of directors of the Order or one of its agencies or one of their members;

(m)  taking advantage, in the practice of his profession, of the inexperience, ignorance, naïveté or bad state of health of his patient;

(n)  refraining from completing an act of dental surgery and giving this responsibility, either immediately or at a later date, to a person other than a dentist;

(o)  refraining from advising a patient or a person legally responsible for him of an abnormality, deficiency or pathological condition he has discovered;

(p)  making abusive use of narcotics, controlled drugs, psychotropic substances including alcohol or any other product which may affect his faculties during the exercise of his functions;

(q)  giving or prescribing to a patient, without justification, narcotics, controlled drugs, psychotropic substances including alcohol or any other similar product;

(r)  advertising or allowing to advertise in his name the promotion or sale of products or services by any audio-visual means and written or verbal advertisements;

(s)  failing to take the necessary measures to ensure that his patients receive the required or urgent post-operative care;

(t)  practising in states liable to jeopardize the quality of his professional services and the dignity of the profession;

(u)  giving permission or allowing a person other than a dentist to perform acts which must only be performed by a dentist;

(v)  changing the fees generally charged by the dentist solely because the patient has an insurance plan;

(w)  refusing to provide a receipt to any patient requesting a receipt for fees paid;

(x)  exercising his professional activities within a limited liability partnership or a joint-stock company, or having interests in such an entity with a person who, to the dentist’s knowledge, performs acts that compromise the dignity of the dental profession;

(y)  exercising his professional activities within a limited liability partnership or a joint-stock company, or having interests in such an entity, when a partner, shareholder, director, officer, or employee of such limited liability partnership or joint-stock company has been stricken off the roll for more than 3 months or whose permit has been revoked, except insofar as the partner, shareholder, director, officer, or employee:

i.  ceases to act, in the performance of his duties, as a director or officer within the limited liability partnership or joint-stock company within 10 days of the date on which the mandatory striking off or revocation of permit has become effective;

ii.  ceases, if applicable, to attend any meeting of shareholders and to exercise his right to vote within 10 days of the date on which the mandatory striking off or revocation of permit has become effective;

iii.  disposes of his voting shares or turns them over to a trustee within 10 days of the date on which the mandatory striking off or revocation of permit has become effective.

R.R.Q., 1981, c. D-3, r. 4, s. 4.02.01; O.C. 1360-94, s. 2; O.C. 499-2008, s. 8.

§ 3 . — Relations with the Order and colleagues

4.03.01. A dentist must promptly answer all correspondence addressed to him by the syndic of the Order, investigators or members of the professional inspection committee.

R.R.Q., 1981, c. D-3, r. 4, s. 4.03.01.

4.03.02. A dentist must not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards him.

R.R.Q., 1981, c. D-3, r. 4, s. 4.03.02.

4.03.03. A dentist who is consulted by a colleague must give the latter his considered opinion and recommendations, confirmed in writing if requested, as soon as possible.

R.R.Q., 1981, c. D-3, r. 4, s. 4.03.03.

4.03.04. A dentist who is called upon to collaborate with a colleague must maintain his professional independence.

R.R.Q., 1981, c. D-3, r. 4, s. 4.03.04.

4.03.05. In an emergency, a dentist must assist a colleague who asks for his collaboration in treating a patient.

R.R.Q., 1981, c. D-3, r. 4, s. 4.03.05.

§ 4 . — Contribution to the advancement of his profession

4.04.01. A dentist shall, 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 his participation in courses and continuing training periods.

R.R.Q., 1981, c. D-3, r. 4, s. 4.04.01.

REFERENCES

R.R.Q., 1981, c. D-3, r. 4

O.C. 279-93, 1993 G.O. 2, 1875

O.C. 1360-94, 1994 G.O. 2, 4144

O.C. 673-96, 1996 G.O. 2, 2729

O.C. 922-2002, 2002 G.O. 2, 4567

O.C. 580-2005, 2005 G.O. 2, 2058

O.C. 499-2008, 2008 G.O. 2, 2050

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