D-4, r. 6 - Code of Ethics of the Ordre des denturologistes du Québec

À jour au 24 septembre 2020

Ce document a valeur officielle.

chapter D-4, r. 6

Code of Ethics of the Ordre des denturologistes du Québec

Denturologists Act

(chapter D-4, s. 3).

Professional Code

(chapter C-26, s. 87).

CHAPTER I GENERAL

O.C. 1011-85, c. I; O.C. 686-2008, s. 1.

1. This Code determines, pursuant to section 87 of the Professional Code (chapter C-26), the duties and obligations to be discharged by every member of the Ordre des denturologistes du Québec.

O.C. 1011-85, s. 1; O.C. 686-2008, s. 2.

1.1. A member of the Order shall take reasonable measures to ensure that persons who collaborate or cooperate with the member in his practice and any partnership or joint-stock company within which the member practises comply with the Denturologists Act (chapter D-4), the Professional Code (chapter C-26) and their regulations.

O.C. 686-2008, s. 2.

1.2. No member may permit other persons to carry out acts on the member’s behalf that would, were the member to carry them out himself, place the member in violation of the Denturologists Act (chapter D-4), the Professional Code (chapter C-26) or their regulations.

O.C. 686-2008, s. 2.

1.3. The duties and obligations under the Denturologists Act (chapter D-4), the Professional Code (chapter C-26) and their regulations are not modified or reduced in any manner owing to the fact that a member practises within a partnership or joint-stock company.

O.C. 686-2008, s. 2.

1.4. A member shall ensure that the obligations towards the partnership or joint-stock company of which the member is a director or officer are not incompatible with the obligations towards the member’s patient or employer.

O.C. 686-2008, s. 2.

CHAPTER II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

2. A denturologist shall promote improvement of the quality and availability of professional services in his field of practice.

A member shall act with dignity and avoid any method or attitude that is likely to damage the profession’s good reputation.

O.C. 1011-85, s. 2; O.C. 686-2008, s. 3.

3. In the practice of his profession, a denturologist shall bear in mind the general effect his research and work may have on the public.

O.C. 1011-85, s. 3; O.C. 686-2008, s. 4.

4. A denturologist shall practise in compliance with the proven and recognized principles of denturology, namely by observing the generally accepted rules of hygiene and asepsis.

O.C. 1011-85, s. 4; O.C. 648-97, s. 1.

4.1. A denturologist shall keep his theoretical and clinical knowledge up-to-date in accordance with the evolution of the art and science of dentistry.

O.C. 648-97, s. 1.

5. A denturologist 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. 1011-85, s. 5; O.C. 1381-91, s. 1.

5.1. In a statement or advertisement concerning a discount, special price or rebate, a denturologist shall mention the duration of the discount, special price or rebate.

O.C. 1381-91, s. 1.

5.2. A denturologist may not, in a statement or advertisement, by any means whatever, lay more stress on a discount, special price or rebate than on the product or service offered.

O.C. 1381-91, s. 1.

5.3. In a statement or advertisement concerning fees or prices, a denturologist shall specify the services covered by those fees or prices.

O.C. 1381-91, s. 1.

5.4. A denturologist may not, in a statement or advertisement, by any means whatever, 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. 1381-91, s. 1.

5.5. A denturologist may not, in a statement or advertisement, by any means whatever, lay less stress on the fees or prices charged for a set of products or services than on the fees or prices charged for any of the products or services forming part of that set.

O.C. 1381-91, s. 1.

5.6. A denturologist may not, in a statement or advertisement, by any means whatever, disclose the amount of the instalments to be paid to acquire a product or receive a service without also disclosing the total price or fees charged for the product or service and without laying greater stress on the total price or fees.

O.C. 1381-91, s. 1.

5.7. A denturologist may not, by any means whatever, make a statement or advertisement concerning a product or a service of which he has an insufficient quantity to meet public demand unless mention is made in his statement or advertisement that only a limited quantity of the product or service is available and unless that quantity is indicated.

O.C. 1381-91, s. 1.

5.8. Subject to section 11 of the Act, a denturologist shall, in any statement or advertisement, indicate his name and his title of denturologist.

He may include therein the name of any business related to the practice of his profession of which he holds full ownership or all the financial interests therein or in which he holds those solely with other denturologists.

O.C. 1381-91, s. 1; O.C. 648-97, s. 2.

5.8.1. A denturologist may not, in a statement or advertisement, promote items and products for dental hygiene, or for the maintenance of dental prostheses and dental materials, except where he participated in the discovery and development of the products or materials.

O.C. 648-97, s. 2.

5.9. A denturologist shall keep an exact duplicate of any statement or advertisement in its original form for one year following the date on which it was last published or broadcast. Upon a request by the syndic, he shall hand over that duplicate to the syndic.

O.C. 1381-91, s. 1.

5.10. A denturologist may not, in a statement or advertisement, use or allow the use of an endorsement or testimonial concerning him, namely by citing an honour, award or honorary title.

O.C. 1381-91, s. 1; O.C. 648-97, s. 3.

5.10.1. A denturologist may not engage in, or allow the use of, by any means whatsoever, advertising that is false or misleading, that plays upon the public’s emotions or that is likely to mislead.

O.C. 648-97, s. 4.

5.10.2. All denturologists who are partners or work together in the practice of their profession shall be jointly responsible for complying with the rules respecting advertising, unless the advertising clearly indicates the name of the denturologist who is responsible for it or unless the other denturologists establish that the advertising was done without their knowledge and consent and in spite of measures taken to ensure compliance with those rules.

O.C. 648-97, s. 4.

5.11. The Order is represented by a graphic symbol corresponding to the original held by the secretary of the Order and composed of the letters “O.D.Q.” joined inside a rectangle.

A denturologist who reproduces the Order’s graphic symbol in a statement or advertisement shall ensure that it corresponds to the original held by the secretary of the Order.

O.C. 1381-91, s. 1.

5.11.1. A denturologist using the graphic symbol of the Order in advertising may not suggest that the advertising emanates from the Order.

O.C. 686-2008, s. 5.

CHAPTER III DUTIES AND OBLIGATIONS TOWARDS PATIENTS

DIVISION 1 GENERAL

6. Before agreeing to provide professional services to a patient, a denturologist shall bear in mind the extent of his ability and knowledge, and the means at his disposal. He shall not, in particular, undertake work for which he is insufficiently prepared without having obtained the necessary assistance.

O.C. 1011-85, s. 6.

7. A denturologist shall consult a colleague or a member of another professional order, or refer his patient to such a person, where the interests of his patient so require and if the latter agrees.

O.C. 1011-85, s. 7.

8. A denturologist shall at all times respect his patient’s right to consult another denturologist, a member of another professional order or any other competent person of the patient’s choice.

O.C. 1011-85, s. 8; O.C. 648-97, s. 5.

8.1. If a denturologist determines that the services for which the patient is retaining the denturologist may be provided in whole or in part in their essential aspects by another person, the denturologist shall so inform the patient.

O.C. 686-2008, s. 6.

9. A denturologist shall refrain from practising while in a condition or state that could compromise the quality of his services. In particular, he shall not practise his profession while under the influence of alcoholic beverages, narcotics, hallucinogens, anaesthetics, or any other substance that could cause intoxication, weakness or impairment of his faculties, or loss of consciousness.

O.C. 1011-85, s. 9.

10. A denturologist shall provide all of his professional services at his consulting room, unless a patient’s health requires another more suitable place.

O.C. 1011-85, s. 10.

11. A denturologist shall ensure his patient all the professional services necessary and appropriate in the circumstances.

O.C. 1011-85, s. 11.

12. A denturologist shall seek to establish a relationship of mutual trust between himself and his patient, and in particular, refrain from practising his profession in an impersonal manner.

O.C. 1011-85, s. 12.

13. A denturologist shall refrain from interfering in the personal affairs of his patient in matters not related to the generally recognized scope of the profession.

O.C. 1011-85, s. 13; O.C. 648-97, s. 6.

DIVISION 2 INTEGRITY

14. A denturologist shall discharge his professional duties and obligations with integrity.

O.C. 1011-85, s. 14.

15. A denturologist shall avoid any misrepresentation with respect to the denturologist’s level of competence or the effectiveness of professional services or, if applicable, the competence or the effectiveness of the services provided by persons who carry on their activities within the same partnership or joint-stock company.

O.C. 1011-85, s. 15; O.C. 686-2008, s. 7.

16. Before expressing an opinion or giving advice or performing any act, a denturologist shall endeavour to have full knowledge of the facts.

O.C. 1011-85, s. 16.

17. Before undertaking treatment, a denturologist shall inform his patient of the plan, extent and procedures of treatment, and specifically of the type and quality of the prosthesis, and obtain the patient’s consent thereto. He shall also obtain the patient’s consent to any changes in the plan.

O.C. 1011-85, s. 17.

18. A denturologist shall give his patient any explanations necessary for understanding and evaluating the services he provides.

O.C. 1011-85, s. 18.

19. A denturologist shall provide every professional service appearing in the treatment plan.

O.C. 1011-85, s. 19.

20. A denturologist shall correct any mistake made by him in providing a professional service and prejudicial to his patient.

O.C. 1011-85, s. 20.

21. When property is entrusted to a denturologist by a patient, the denturologist shall use it with care. The denturologist may not use it for purposes other than those for which it was entrusted to the denturologist.

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

O.C. 1011-85, s. 21; O.C. 686-2008, s. 8.

22. A denturologist shall avoid dispensing his professional services in an exaggerated manner, in particular by providing them more often than necessary.

O.C. 1011-85, s. 22.

22.1. A denturologist’s conduct shall be characterized by objectivity, moderation and dignity.

O.C. 1381-91, s. 2.

22.2. A denturologist shall avoid all methods and attitudes likely to give to his profession a profit-seeking or mercantile character.

O.C. 1381-91, s. 2.

DIVISION 3 AVAILABILITY AND CONSCIENTIOUSNESS

23. A denturologist shall be available and conscientious with respect to his patient.

O.C. 1011-85, s. 23.

24. A denturologist shall answer his patient’s questions regarding the progress of treatment frankly and conscientiously.

O.C. 1011-85, s. 24.

25. A denturologist shall avoid unwarranted delays in the treatment he gives his patient.

O.C. 1011-85, s. 25.

26. Except on just and reasonable grounds, a denturologist shall not cease to treat a patient. The following in particular are considered just and reasonable grounds:

(1)  loss of the patient’s confidence or lack of cooperation by the patient;

(2)  conflict of interest or a situation in which his professional independence might be called into question;

(3)  incitement by the patient to perform illegal, improper or fraudulent acts; and

(4)  refusal by the patient to pay his fees.

O.C. 1011-85, s. 26.

27. Before ceasing to treat a patient, a denturologist shall send him reasonable notice and take the necessary conservatory measures to spare the patient serious and foreseeable prejudice.

O.C. 1011-85, s. 27; O.C. 686-2008, s. 9.

DIVISION 4 LIABILITY

28. A denturologist shall assume civil liability in his practice. A denturologist may not include in a statement, advertisement or contract of professional services any clause that, directly or indirectly, fully or partially, excludes that liability. The denturologist may not invoke the liability of the partnership or joint-stock company as a ground for excluding or limiting his civil liability.

O.C. 1011-85, s. 28; O.C. 648-97, s. 7; O.C. 686-2008, s. 10.

DIVISION 5 INDEPENDENCE AND IMPARTIALITY

29. A denturologist shall be objective and impartial when persons likely to become his patients ask him for information.

O.C. 1011-85, s. 29.

30. A denturologist shall subordinate personal interests and the interests of the partnership or joint-stock company within which the denturologist carries on professional activities or has an interest to those of his patient.

O.C. 1011-85, s. 30; O.C. 686-2008, s. 11.

31. A denturologist shall safeguard his professional independence and disregard any intervention by a third party that might adversely affect the performance of his professional duties to his patient’s detriment.

O.C. 1011-85, s. 31.

32. A denturologist shall avoid any situation in which the denturologist would be in a conflict of interest, in particular where the interests are such that the denturologist might tend to favour certain of them over the patient’s interests, or where the denturologist’s judgment and loyalty towards the patient could be affected.

In all cases in which a denturologist carries on professional activities within a partnership or joint-stock company, conflict of interest situations shall be assessed with regard to all the patients or clients of persons with whom the denturologist carries on professional activities within the partnership or joint-stock company.

O.C. 1011-85, s. 32; O.C. 648-97, s. 8; O.C. 686-2008, s. 12.

33. Where a denturologist carrying on professional activities within a partnership or joint-stock company is in a conflict of interest, the other denturologists shall, to avoid being considered in a conflict of interest themselves, take such reasonable measures as are required to ensure that confidential information or documents pertaining to the file are not disclosed.

Where professional activities are carried on within a partnership or joint-stock company, a denturologist who is in a conflict of interest and the other denturologists shall see that the measures apply to the persons who are not denturologists.

In assessing the effectiveness of the measures, the following factors in particular are taken into account:

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

(2)  the precautions taken to prevent access to the file by the denturologist who is in a conflict of interest;

(3)  the instructions given for the protection of the confidential information or documents involved in the conflict of interest; and

(4)  the isolation of the denturologist in a conflict of interest with respect to the person in charge of the file.

O.C. 1011-85, s. 33; O.C. 686-2008, s. 12.

34. A denturologist may share fees only with

(1)  a member of the Ordre des denturologistes du Québec; or

(2)  a partnership or joint-stock company within which the denturologist is authorized to carry on professional activities.

O.C. 1011-85, s. 34; O.C. 648-97, s. 9; O.C. 686-2008, s. 12.

34.1. A denturologist may not be party to an agreement in which the nature and extent of professional expenses can influence the quality of his practice.

Likewise, a denturologist may not be party to an agreement with another dental health professional in which the nature and extent of the professional expenses of the latter can influence the quality of his practice.

Any agreement entered into by the denturologist or a partnership or corporation of which he is a partner or shareholder regarding the enjoyment of a building or a space to carry on his professional activities must be entirely recorded in writing and include a statement that the obligations arising from the agreement comply with the provisions of the Code and a clause authorizing release of the agreement to the Ordre des denturologistes du Québec upon its request.

O.C. 686-2008, s. 12.

35. (Revoked).

O.C. 1011-85, s. 35; O.C. 686-2008, s. 13.

36. (Revoked).

O.C. 1011-85, s. 36; O.C. 648-97, s. 10; O.C. 686-2008, s. 13.

37. (Revoked).

O.C. 1011-85, s. 37; O.C. 648-97, s. 11.

38. Except for the remuneration to which a denturologist is entitled, a denturologist may not receive, solicit or acquire any rebate, commission or other benefit relating to his practice. He may, however, accept customary tokens of appreciation and gifts of small value.

In addition, the denturologist may not pay, offer to pay or agree to pay any rebate, commission or other benefit relating to his practice.

O.C. 1011-85, s. 38; O.C. 648-97, s. 12; O.C. 686-2008, s. 14.

39. (Revoked).

O.C. 1011-85, s. 39; O.C. 1381-91, s. 3.

DIVISION 6 DUTY OF PROFESSIONAL SECRECY

40. A denturologist shall be bound by the duty of professional secrecy.

O.C. 1011-85, s. 40.

40.1. A denturologist shall take reasonable measures to ensure that any person who cooperates or collaborates with the denturologist or carries on activities within the partnership or joint-stock company in which the denturologist carries on professional activities preserves the secrecy of all confidential information that becomes known to the denturologist in his practice.

O.C. 686-2008, s. 15.

41. A denturologist may be released from the duty of professional secrecy by the written authorization of his patient or when so ordered by law.

O.C. 1011-85, s. 41.

41.1. In addition to the cases provided for in section 41, a denturologist may communicate information that is protected by professional secrecy to prevent an act of violence, pursuant to the third paragraph of section 60.4 of the Professional Code (chapter C-26). A denturologist who communicates such information shall

(1)  warn without delay the person exposed to the danger, that person’s representative or the persons who can come to that person’s aid;

(2)  send as soon as possible to the syndic a written notice of the communication containing the following information:

(a)  the date and time of the communication

(b)  the nature of the information communicated;

(c)  the identity of the person who communicated the information; and

(d)  the identity of the person or persons to whom the information was communicated; and

(3)  enter the information forwarded to the syndic in the patient’s record, including the date on which the information was forwarded.

O.C. 838-2003, s. 1.

42. Where a denturologist asks a patient to reveal confidential information to him or allows such information to be revealed to him, he must ensure that the patient is fully aware of the purpose of the interview and of the various uses that might be made of such information.

O.C. 1011-85, s. 42.

43. A denturologist shall not disclose the name of any person who requests his services unless the nature of the case so requires.

O.C. 1011-85, s. 43.

44. A denturologist shall avoid indiscreet conversations regarding any patient and the services provided him.

O.C. 1011-85, s. 44.

45. A denturologist shall not make use of confidential information to the prejudice of a patient or with a view to obtaining a direct or indirect benefit for himself or for another.

O.C. 1011-85, s. 45.

46. A denturologist shall ensure that his employees or those of the partnership or joint-stock company within which the denturologist carries on professional activities do not disclose to any other person the confidential information they may acquire in performing their duties.

O.C. 1011-85, s. 46; O.C. 686-2008, s. 16.

DIVISION 7 ACCESSIBILITY AND CORRECTIONS TO RECORDS AND RELEASE OF DOCUMENTS

O.C. 1011-85, Div. 7; O.C. 838-2003, s. 2.

47. In addition to the special rules prescribed by law, a denturologist shall promptly follow up, no later than 30 days after its receipt, on any request made by a patient

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

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

O.C. 1011-85, s. 47; O.C. 648-97, s. 13; O.C. 838-2003, s. 3.

47.1. A denturologist who grants a request referred to in section 47 shall give the patient access to documents, free of charge. However, a denturologist who receives a request referred to in paragraph 2 of section 47 may charge reasonable fees not exceeding the cost for reproducing or transcribing documents or the cost for forwarding a copy.

A denturologist charging such fees shall, before proceeding with the reproduction, transcription or forwarding of the information, inform the patient of the approximate amount payable.

O.C. 838-2003, s. 3.

47.2. A denturologist who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to give the patient access to the information contained in a record shall specify to the patient, in writing, the reasons for the refusal, which must be linked to the serious harm that the disclosure would cause to the patient or a third person.

O.C. 838-2003, s. 3.

47.3. In addition to the special rules prescribed by law, a denturologist shall promptly follow up, no later than 30 days after its receipt, on any request made by a patient

(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 his or her respect;

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

(3)  to file the patient’s comments in the record established in his or her respect.

O.C. 838-2003, s. 3.

47.4. A denturologist who grants a request referred to in section 47.3 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 written comments prepared by the patient were filed in the record.

Upon written request from a patient, a denturologist 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 denturologist received the information and to any person to whom the information was communicated.

O.C. 838-2003, s. 3.

47.5. A denturologist shall promptly follow up on any written request made by a patient to retrieve a document entrusted to the denturologist by the patient.

A denturologist shall indicate in the patient’s record, where applicable, the reasons in support of the patient’s request.

O.C. 838-2003, s. 3.

47.6. A denturologist may require that a request referred to in section 47, 47.3 or 47.5 be made at the denturologist’s professional domicile during regular office hours.

O.C. 838-2003, s. 3.

DIVISION 8 DETERMINATION AND PAYMENT OF FEES

48. A denturologist shall charge and accept fair and reasonable fees.

O.C. 1011-85, s. 48.

49. Fees are fair and reasonable if they are warranted by the circumstances and proportionate to the services provided. A denturologist should take the following factors into account when determining his fees:

(1)  the time spent in providing the professional service;

(2)  the complexity and extent of the service;

(3)  the performance of unusual services or of services requiring exceptional competence or dispatch; and

(4)  the cost to the denturologist of the products or materials necessary for providing his professional services.

O.C. 1011-85, s. 49.

50. (Revoked).

O.C. 1011-85, s. 50; O.C. 648-97, s. 13.

51. A denturologist shall accept fees from a single source only for services provided, unless there is explicit agreement between the patient and himself.

O.C. 1011-85, s. 51.

52. A denturologist shall give his patient all the explanations necessary for understanding his statement of fees and the procedures for payment.

O.C. 1011-85, s. 52.

52.1. A denturologist may not refuse to provide a statement of account or a receipt for fees paid.

O.C. 648-97, s. 14.

52.2. Where a denturologist carries on professional activities within a joint-stock company constituted for the purpose of the activities, the fees belong to the joint-stock company, unless it is agreed otherwise.

The determination, billing and payment of fees is subject to the conditions set out in sections 48 to 57 and the member is personally responsible for seeing to their application.

O.C. 686-2008, s. 17.

53. A denturologist shall give the patient an estimate of the cost of the professional services before beginning the treatment. The denturologist shall refrain from receiving or requesting from his patient, patient’s creditor or a third party, full advance payment of professional fees for services not provided. The denturologist may, however, receive or request reasonable advance fees for professional services.

A denturologist who practises within a partnership or joint-stock company shall ensure that the fees are always indicated separately on every invoice or statement of fees sent by the partnership or joint-stock company to the client.

If a treatment plan agreed upon must be modified, the denturologist shall without delay inform the patient of the additional fees that the modification will entail.

O.C. 1011-85, s. 53; O.C. 648-97, s. 15; O.C. 686-2008, s. 18.

54. A denturologist may collect interest on outstanding accounts only after having duly notified his client. Interest thus charged must be at a reasonable rate.

O.C. 1011-85, s. 54.

55. A denturologist shall exhaust all other means at his disposal to obtain payment of his fees before taking legal action.

O.C. 1011-85, s. 55.

56. (Revoked).

O.C. 1011-85, s. 56; O.C. 648-97, s. 16; O.C. 686-2008, s. 19.

57. Where a denturologist entrusts another person with the collection of his fees, he shall, as far as possible, ensure that the latter acts with tact and moderation.

O.C. 1011-85, s. 57.

CHAPTER IV DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION

DIVISION 0.1 GENERAL OBLIGATION

O.C. 686-2008, s. 20.

57.1. A denturologist shall ensure that none of the activities in which he engages in connection with an office or within an enterprise, and which do not constitute the practice of the profession of denturologist, compromise compliance with the rules of professional conduct prescribed by this Code, including honour, dignity and integrity of the profession.

O.C. 686-2008, s. 20.

DIVISION 1 INCOMPATIBLE DUTIES AND RESPONSIBILITIES

58. (Revoked).

O.C. 1011-85, s. 58; O.C. 648-97, s. 17.

59. Acting as a manufacturer, wholesaler, vendor or representative of products associated with the practice of denturology other than for teaching, training, research or development purposes is incompatible with the practice of the profession of denturology.

O.C. 1011-85, s. 59; O.C. 686-2008, s. 21.

60. A denturologist who holds any interest whatever or takes part in any business, directly or indirectly, by means of a natural or legal person, a partnership, a group or an association that performs, claims to perform or allows to be performed, other than in compliance with the law and the regulations governing the practice of denturology, any of the acts described in section 1 of this Regulation, acts in a manner which is incompatible with the practice of the profession.

O.C. 1011-85, s. 60; O.C. 648-97, s. 18.

DIVISION 2 DEROGATORY ACTS

61. In addition to the derogatory acts described in sections 57, 58, 59.1 and 59.2 of the Professional Code (chapter C-26), the following are derogatory to the honour and dignity of the profession:

(1)  insistently and repeatedly urging someone, whether personnally, or though a natural or legal person, a partnership, a group or an association, to use one’s professional services;

(2)  using a patient’s or supplier’s letterhead or allowing a patient or supplier to use his letterhead;

(3)  coming to terms tacitly or explicitly, in any manner whatever, directly or indirectly, with a natural or legal person, a partnership, a group or an association in order to acquire patients;

(4)  taking advantage in the practice of his profession of his patient’s inexperience, ignorance, naïveté or poor health;

(5)  participating in or contributing to the illegal practice of the profession, in particular by entrusting denturological acts to a person who is not legally authorized to perform them;

(6)  manufacturing a removable dental prosthesis without the written prescription of the physician, dentist or denturologist who took the impressions and occlusions, unless he took the impressions and occlusions himself;

(7)  guaranteeing or presenting removable dental prostheses as unbreakable or ascribing to them characteristics they do not possess;

(8)  leading anyone to believe or understand that he is the only manufacturer of a specific category of removable dental prostheses;

(9)  using materials of a quality inferior to those promised the patient;

(10)  publicly endorsing or lending his name or the name of his business to a technique, product or material used in the manufacture or maintenance of a removable dental prosthesis, unless he participated in the discovery and development of such technique, product or material;

(11)  intimidating, harassing or threatening directly or indirectly a person who has applied or who intends to apply to the syndic for an inquiry into his professional conduct or competence, or communicating with that person without the prior written permission of the syndic or the syndic’s assistant;

(12)  not informing the Order that he has reason to believe that a denturologist is incompetent or is violating professional ethics;

(13)  providing a receipt or other document falsely stating that his services were provided;

(14)  claiming fees for professional acts he did not perform or that are falsely described;

(15)  seeking or receiving remuneration from a patient for a professional service or part of a professional service whose cost was fully assumed by a third party;

(16)  altering notes previously entered in a patient’s record or replacing any part thereof with the intention of falsifying them;

(17)  not complying with the mandate received from his patient;

(18)  increasing the fees usually charged and established according to the factors described in section 49, knowing that the patient may obtain a reimbursement of the cost of the professional services of the denturologist by a third party in accordance with a contract or agreement;

(19)  practising with other persons within a partnership or joint-stock company when the denturologist knows that one of the conditions, terms or restrictions pursuant to which the denturologist is authorized to so practise is not being met;

(20)  practising within a partnership or joint-stock company under a name that is misleading, deceptive or contrary to the honour or dignity of the profession or that is a number name.

O.C. 1011-85, s. 61; O.C. 648-97, s. 19; O.C. 838-2003, s. 4; O.C. 686-2008, s. 22.

61.0.1. It is also derogatory to the dignity of the profession of denturology for a denturologist who carries on professional activities within a partnership or joint-stock company to

(1)  fail to take reasonable measures to put an end to or prevent the repeated performance of an act derogatory to the dignity of the profession of denturology performed by another person who carries on professional activities within the partnership or joint-stock company and that was brought to the denturologist’s attention at least 30 days previously;

(2)  continue to carry on the activities within the partnership or joint-stock company if the representative of the partnership or joint-stock company for the Order or a director, officer or employee is still performing duties more than 10 days after being struck off the roll for more than 3 months or has had his permit revoked; or

(3)  continue to carry on the activities within the partnership or joint-stock company if a shareholder or a partner has been struck off the roll for more than 3 months or has had his permit revoked, if

(a)  the partner or shareholder still directly or indirectly exercises a voting right within the partnership or joint-stock company more than 10 days after the effective date of the striking off the roll or permit revocation; or

(b)  the partner or shareholder has not divested himself of his shares or partnership units 180 days after the effective date of the striking off the roll or permit revocation.

O.C. 686-2008, s. 23.

61.1. A denturologist may not, by any means whatever, falsely claim that a product or a service is required in order to replace a dental prosthesis or make a repair.

O.C. 1381-91, s. 4.

DIVISION 3 RELATIONS WITH THE ORDER AND COLLEAGUES

62. A denturologist requested by the Order to participate in a conciliation and arbitration of accounts or to serve on a disciplinary council or a professional inspection committee shall accept this duty unless he has exceptional grounds for refusing.

O.C. 1011-85, s. 62.

63. A denturologist shall answer within the requested time all correspondence addressed to him by the trustee of the Order, the secretary general, investigators or members of the professional inspection committee.

O.C. 1011-85, s. 63.

64. A denturologist shall not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards him, in particular by any manoeuvre designed to supplant him in relation to a patient or to influence the latter’s free choice.

O.C. 1011-85, s. 64.

65. A denturologist consulted by a colleague shall give his opinion and recommendations as soon as possible.

O.C. 1011-85, s. 65.

66. A denturologist shall inform the secretary of the Order in writing of the full address of his main consulting room and all the secondary consulting rooms where he practises denturology, and of any changes thereto within 30 days.

O.C. 1011-85, s. 66.

DIVISION 4 CONTRIBUTION TO ADVANCEMENT OF THE PROFESSION

67. A denturologist shall promote measures to provide education and information about denturology. In particular, he shall help the development of his profession by the exchange of his knowledge and experience with his colleagues and students and by his participation in courses and in-service training.

O.C. 1011-85, s. 67.

68. A denturologist shall promote cooperation with other professionals, in particular, with dentists, physicians, dental hygienists and dental prosthesis and appliance technologists, in the best interests of the patient, the public and his profession.

O.C. 1011-85, s. 68.

CHAPTER V FINAL

69. (Omitted).

O.C. 1011-85, s. 69.

70. (Omitted).

O.C. 1011-85, s. 70.

REFERENCES

O.C. 1011-85, 1985 G.O. 2, 1976

O.C. 1381-91, 1991 G.O. 2, 4053

O.C. 648-97, 1997 G.O. 2, 2244

O.C. 838-2003, 2003 G.O. 2, 2717

O.C. 686-2008, 2008 G.O. 2, 2904

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

S.Q. 2020, c. 15, s. 71