CONSOLIDATED NEWFOUNDLAND REGULATION 1127/96

Short title

1. These regulations may be cited as the Optometry Professional Misconduct Regulations.

297/85 s1

Professional misconduct defined

2. For the purpose of the Optometry Act, "professional misconduct" means

(a) failure by a practitioner to abide by the terms, conditions or limitations of his or her licence;

(b) failure to maintain the standard of practice of the profession;

(d) exceeding the lawful scope of practice;

(e) using or having in the practitioner's place of practice drugs other than those prescribed in the Act or using drugs for purposes other than those specified in the Act and regulations;

(f) having a conflict of interest;

(g) using terms, titles or designations other than those authorized, or using terms, titles or designations that are prohibited by these regulations or the Act;

(h) treating or attempting to treat an eye problem which is beyond the experience or competence of the practitioner;

(i) failure of a practitioner to refer a patient to a legally qualified medical practitioner when a practitioner recognizes or should have recognized a condition of the eye or adnexa that appears to require medical examination;

(j) permitting, counselling or assisting a person who is not licensed under the Act to engage in the practice of optometry except as provided for in the Act or regulations;

(k) using in any way with respect to the practitioner's office the name of another practitioner whose practice the practitioner has acquired after a period of 3 years from the date of the acquisition;

(l) making false statements on claims to the Newfoundland Medical Care Commission or to other programs;

(m) charging fees that, in the opinion of the board, are excessive in relation to the services performed;

(n) publishing, displaying, distributing or using or permitting, directly or indirectly, the publishing, display, distribution or use of an advertisement related to the practice of optometry by a practitioner other than

(i) professional cards that contain only the name of the practitioner, the vocational designation, the practitioner's address, academic degrees, telephone number and office hours,

(ii) appointment cards that do not contain more than the information contained in a professional card and the time and date of the appointment,

(iii) reminder notices to patients,

(iv) announcement cards that do not state more than the information contained in a professional card and an announcement of the commencement of the practice of optometry, a change of location or a new association in practice, to be run twice weekly, for one month only,

(v) a sign on the premises where the practitioner is engaged in the practice of optometry, stating the name of the practitioner and his or her vocational designation with lettering on the sign that does not exceed 20 centimetres in diagonal measurement, and

(vi) door plates and listings on building directories on the premises where the practitioner is engaged in the practice of optometry;

(o) associating with or being employed by a person who publishes, displays, distributes or uses an advertisement related to the practice of optometry by the practitioner other than that which is provided for by paragraph (n);

(p) signing or issuing a certificate, report or similar document that contains a statement the practitioner knows or ought to know is false, misleading or otherwise improper;

(q) signing or issuing a certificate, report or similar document that withholds statements or information the practitioner knows or ought to know should be disclosed to the person to whom the practitioner knows or ought to know the document will be delivered or to whom its contents will be made known;

(r) giving information concerning a patient's vision to a person other than the patient without the consent of the patient unless required to do so by law;

(s) knowingly submitting a false or misleading account or false or misleading charges for the services rendered to a patient;

(t) falsifying a record in respect of observation or treatment of a patient;

(u) failure to carry out the terms of an agreement with a patient;

(v) failure to continue to provide professional service to a patient until the services are no longer required or until the patient has had a reasonable opportunity to arrange for the services of another practitioner;

(w) refusal to allow an authorized representative of the board to enter at a reasonable time the office in which the practitioner is engaged in the practice of optometry for the purpose of inspecting the practitioner's professional records and equipment;

(x) conviction of an offence that affects the fitness of a practitioner to engage in the practice of optometry;

(y) engaging in the practice of optometry while the ability of the practitioner to perform a professional act is impaired by alcohol or a drug;

(z) failure to make available to a patient, on request, a written spectacle prescription for an ophthalmic appliance for the patient containing all necessary and relevant clinical and ophthalmic specifications;

(aa) displaying or permitting the display of ophthalmic appliances that can be seen from the exterior of the premises in which a practitioner is engaged in the practice of optometry; or

(bb) conducting an act relevant to the practice of optometry that, having regard to all the circumstances, would reasonably be regarded by practitioners as disgraceful, dishonourable, unprofessional or otherwise unbecoming a practitioner.

297/85 s3

Repeal

3. The Optometry (Professional Misconduct) Regulations, Newfoundland Regulation 297/85, are repealed.