New professional misconduct and conflict of interest regulations
for optometrists came into effect earlier this year.
Professional misconduct and conflict of interest provisions
contained in Regulation 859/93 (Professional Misconduct) under the
Optometry Act and Regulation 550 (Optometry) under
the Drug and Pharmacies Regulation Act, respectively, were
revoked and replaced on April 15, 2014 by new provisions in
Regulation 119/94 under the Optometry Act (the
Acts of professional misconduct for optometrists have been
revised, added and removed in the Regulation. Optometrists are
strongly encouraged to review Part I (Professional Misconduct) and
Part II (Conflict of Interest) of the Regulation to ensure they are
not engaging in any acts that may amount to a finding of
professional misconduct under the Health Professionals
Procedural Code, including engaging in the practice of the
profession while in a conflict of interest.
Revisions made to the conflict of interest provisions now permit
optometrists to practise in association with corporations,
opticians or other persons where he or she engages in the practice
of optometry as an independent contractor, and
enters into a written agreement with the other person (i.e.
corporation, optician, etc.) that includes the following
the optometrist shall control the professional services
provided to a patient;
the optometrist shall control who he or she may accept as a
the optometrist shall provide every patient or his or her
authorized representative with a copy of his or her
the optometrist shall set the fee charged or collected in
respect of any professional service;
the optometrist shall control the maintenance, custody and
access to the records required to be kept in respect of the
practice of the profession;
the optometrist shall have access, along with his or her staff,
to the premises where the member practises and to the books and
records related to his or her practice, at any time of the day or
the optometrist shall ensure that any advertising relating to
the professional services provided by the member meets the
requirements set out in regulations made under the
Not only are written agreements mandatory in some circumstances,
but are also recommended as a best practice whenever an optometrist
enters into a business relationship, in order to ensure that the
terms of the relationship, including the custody and control of
personal health information, are clear from the outset.
Miller Thomson's Health Industry Group has significant
experience working with health care professionals, including
optometrists, to put these written agreements in place and
structuring records management systems to ensure that conflict of
interest and privacy obligations are met.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Effective September 1, 2016, the Disposition of Surplus Real Property Regulation to the Ontario Education Act was amended with the intention to reduce barriers to the formation of health and community hubs in Ontario.
This appeal relates to two generic drug submissions for two different products: exemestane and infliximab. Both submissions cross-referenced the submission of another generic company that had received a Notice of Compliance.
Two recent decisions from the Supreme Court of Canada directly affect Quebec's farm businesses by confirming La Financière Agricole du Québec's discretion in the administration of the farm income stabilization program...
On October 6, 2016, the Ontario Legislature reintroduced the Patients First Act, 2016 as Bill 41. Bill 41 is very similar to its predecessor, Bill 210, which was introduced in June 2016, but makes some important changes to the previous bill.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).