O-6, r. 3 - Code of ethics of dispensing opticians

Full text
chapter O-6, r. 3
Code of ethics of dispensing opticians
DISPENSING OPTICIANS — CODE OF ETHICS
Dispensing Opticians Act
(chapter O-6, s. 3).
O-6
Professional Code
(chapter C-26, s. 87).
C-26
September 1 2012
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “Order” means the Ordre des opticiens d’ordonnances du Québec;
(b)  “dispensing optician” means any person whose name is entered on the roll of the Order;
(c)  “ophthalmic orthesis” means an ophthalmic lens alone or a frame with a corrective lens.
Decision 83-02-09, s. 1.01.
1.01.01. A dispensing optician must take reasonable measures to ensure compliance with the Dispensing Opticians Act (chapter O-6), the Professional Code (chapter C-26) and their regulations by any person other than a dispensing optician who collaborates with him in the carrying on of professional activities and any partnership or joint-stock company within which the dispensing optician carries on professional activities.
O.C. 1103-2009, s. 1.
1.01.02. A dispensing optician who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that the Dispensing Opticians Act (chapter O-6), the Professional Code (chapter C-26) and their regulations are complied with by the partnership or joint-stock company.
The duties and obligations under the Dispensing Opticians Act, the Professional Code and their regulations are not changed or reduced by the fact that a member practises within a partnership or joint-stock company.
O.C. 1103-2009, s. 1.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
Decision 83-02-09, s. 1.02.
DIVISION II
DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC
2.01. Unless he has sound reasons to the contrary, a dispensing optician should support every measure likely to improve the quality and availability of professional services in the field in which he practises.
Decision 83-02-09, s. 2.01.
2.02. In the practice of his profession, a dispensing optician should bear in mind the general effect his research and work may have on society.
Decision 83-02-09, s. 2.02.
2.03. A dispensing optician should promote measures of education and information in the field in which he practises. In the practice of his profession, he should also, unless he has sound reasons to the contrary, do what is required to ensure such education and information.
Decision 83-02-09, s. 2.03.
DIVISION III
DUTIES AND OBLIGATIONS TOWARDS CLIENTS
§ 1.  — General provisions
3.01.01. Before accepting a mandate, a dispensing optician must bear in mind the extent of his proficiency and knowledge and the means at his disposal.
Decision 83-02-09, s. 3.01.01.
3.01.02. A dispensing optician must at all times acknowledge his client’s right to consult another dispensing optician, a member of another professional order or any other competent person.
Decision 83-02-09, s. 3.01.02.
3.01.03. A dispensing optician must refer a client to another dispensing optician, an optometrist or any other competent person, especially an ophthalmologist, or consult one of those persons where required for the good of the client.
Decision 83-02-09, s. 3.01.03.
3.01.04. A dispensing optician must not practise under conditions or in situations likely to impair the quality of his services.
Decision 83-02-09, s. 3.01.04.
3.01.05. A dispensing optician should seek to establish a relationship of mutual trust with his client.
Decision 83-02-09, s. 3.01.05.
3.01.06. A dispensing optician should refrain from making omissions or performing acts contrary to current professional standards or to present scientific data.
Decision 83-02-09, s. 3.01.06.
§ 2.  — Integrity
3.02.01. A dispensing optician should discharge his professional duties with integrity.
Decision 83-02-09, s. 3.02.01.
3.02.02. A dispensing optician must avoid any misrepresentation with respect to his level of competence or the effectiveness of his own services and of those generally provided by the members of his profession.
Similarly, a dispensing optician must avoid any misrepresentation with respect to the competency or effectiveness of the services generally provided by the persons with whom he carries on professional activities within the same partnership or joint-stock company.
Decision 83-02-09, s. 3.02.02; O.C. 1103-2009, s. 2.
3.02.03. A dispensing optician must inform his client as early as possible of the cost and nature of the professional services required and of the manner of performing them. In particular, he must inform the client of the type and quality of the ophthalmic orthesis required, and he must obtain his consent thereto.
Decision 83-02-09, s. 3.02.03.
3.02.04. A dispensing optician should refrain from expressing an opinion or giving advice that is contradictory or incomplete. To this end, he must endeavour to have full knowledge of the facts before expressing an opinion or giving advice.
Decision 83-02-09, s. 3.02.04.
3.02.05. The dispensing optician must inform his client, as soon as possible, of any error, complication or problem arising while providing him professional services.
Decision 83-02-09, s. 3.02.05.
3.02.06. The dispensing optician should take reasonable care of the ophthalmic orthesis entrusted to him by the client.
Decision 83-02-09, s. 3.02.06.
3.02.07. The dispensing optician should refrain from performing any act that is inappropriate for or disproportionate to the needs of his client.
Decision 83-02-09, s. 3.02.07.
3.02.08. If the dispensing optician provides his client with a product which he knows has been discontinued or taken off the market, the dispensing optician should inform the client thereof.
Decision 83-02-09, s. 3.02.08.
§ 3.  — Availability and care
3.03.01. A dispensing optician must display reasonable availability and care in the practice of his profession.
Decision 83-02-09, s. 3.03.01.
3.03.02. In addition to opinions and advice, a dispensing optician should provide his client with any explanation necessary for understanding and evaluating the services rendered him and, where applicable, with an accurate description of the nature of the ophthalmic orthesis furnished.
Decision 83-02-09, s. 3.03.02.
3.03.03. If his client requests an explanation, a dispensing optician should provide it conscientiously and honestly.
Decision 83-02-09, s. 3.03.03.
3.03.04. A dispensing optician should be objective and impartial where potential clients request information from him.
Decision 83-02-09, s. 3.03.04.
3.03.05. A dispensing optician may not cease to act on behalf of a client, except on legitimate and reasonable grounds, among which are the following, in particular:
(a)  loss of the client’s confidence;
(b)  the fact that the dispensing optician is in conflict of interest or in a situation such that his professional independence could be questioned;
(c)  the fact of being encouraged by the client to act illegally, unfairly of fraudulently.
Decision 83-02-09, s. 3.03.05.
3.03.06. Before terminating his services in regard of a client, the dispensing optician must send him advance notice within reasonable time and should ensure that the termination of services is without prejudice to his client.
Decision 83-02-09, s. 3.03.06.
§ 4.  — Responsibility
3.04.01. In the practice of his profession, a dispensing optician must fully bind his personal civil liability. He is thus prohibited from entering in a contract for professional services a clause directly or indirectly excluding, in whole or in part, the said liability.
A dispensing optician may not invoke the liability of the partnership or joint-stock company within which he carries on professional activities or the liability of another person also carrying on activities within the same partnership or company as a ground for excluding or limiting his personal civil liability.
Decision 83-02-09, s. 3.04.01; O.C. 1103-2009, s. 3.
§ 5.  — Independence and impartiality
3.05.01. A dispensing optician should subordinate his personal interest, the interest of the partnership or joint-stock company within which he carries on professional activities or in which he has an interest and the interest of any other person carrying on activities within the partnership or joint-stock company or not to that of his client.
Decision 83-02-09, s. 3.05.01; O.C. 1103-2009, s. 4.
3.05.01.01. A dispensing optician may not be a party to an agreement in which the nature and the extent of professional expenses may influence the quality of his practice.
An agreement entered into by a dispensing optician or a company of which he is a partner or shareholder regarding the enjoyment of a building or space to carry on his professional activities must be entirely recorded in writing and include a statement by the parties that the obligations arising from the agreement comply with the provisions of this Code, and a clause authorizing release of the agreement to the Order on request.
O.C. 1103-2009, s. 5.
3.05.02. A dispensing optician should disregard any intervention by a third party which could influence the performance of his professional duties to the detriment of his client.
Decision 83-02-09, s. 3.05.02.
3.05.03. The dispensing optician should avoid any situation that could directly or indirectly limit his professional independence to the detriment of his clientele.
Decision 83-02-09, s. 3.05.03.
3.05.04. The dispensing optician should safeguard his professional independence at all times and avoid any situation in which he would be in conflict of interest.
Without restricting the generality of the foregoing, a dispensing optician is in conflict of interest where the interests in question are such that he might tend to favour some of them over those of his client or where his judgement and loyalty towards the latter may be unfavourably affected.
Decision 83-02-09, s. 3.05.04.
3.05.05. In particular, the fact of practising the profession jointly or in association with a natural or legal person who is not a dispensing optician or optometrist constitutes a conflict of interest for a dispensing optician.
Carrying on professional activities within a partnership or joint-stock company referred to in the Regulation respecting the practice of the profession of dispensing optician within a partnership or a joint-stock company (chapter O-6, r. 8) does not constitute a conflict of interest for a dispensing optician.
Decision 83-02-09, s. 3.05.05; O.C. 1103-2009, s. 6.
3.05.05.01. A dispensing optician must take the necessary measures to ensure that information and documents relevant to professional secrecy are not disclosed to a partner, shareholder, director, manager, officer or employee of a partnership or joint-stock company within which the dispensing optician carries on professional activities or in which he has an interest, as soon as he becomes aware that the partner, shareholder, director, manager, officer or employee has a conflict of interest.
The following factors must be considered in assessing the effectiveness of such measures:
(1)  size of the partnership or company;
(2)  precautions taken to prevent access to the dispensing optician’s file by the person having a conflict of interest;
(3)  instructions given to protect confidential information or documents related to the conflict of interest; and
(4)  isolation, from the dispensing optician, of the person having a conflict of interest.
O.C. 1103-2009, s. 7.
3.05.06. As soon as he ascertains that he is in conflict of interest, the dispensing optician must advise his client thereof and cease to carry on his professional activities, unless the client, after being informed of the nature of the conflict of interest and the facts relating thereto, authorizes the dispensing optician in writing to continue.
Decision 83-02-09, s. 3.05.06; O.C. 1103-2009, s. 8.
3.05.07. A dispensing optician should refrain from sharing his gross income, profits or fees with any person who is not member of the Order or from remitting them to such person in whole or in part, except for
(1)  a person, trust or enterprise referred to in subparagraph 1 of section 2 or subparagraph 1 of section 3 of the Regulation respecting the practice of the profession of dispensing optician within a partnership or a joint-stock company (chapter O-6, r. 8); or
(2)  a partnership or joint-stock company within which he carries on professional activities.
Decision 83-02-09, s. 3.05.07; O.C. 1103-2009, s. 9.
3.05.08. A dispensing optician may share his fees with a colleague who is neither his partner nor employee only to the extent that the sharing corresponds to a division of services and responsibilities.
Decision 83-02-09, s. 3.05.08.
3.05.09. A dispensing optician should avoid receiving, in addition to the remuneration to which he is entitled, any benefit, rebate or commission in connection with the practice of his profession, except for customary tokens of appreciation and gifts of small value. Likewise, he must not pay, offer to pay or undertake to pay any benefit, rebate or commission.
Decision 83-02-09, s. 3.05.09; O.C. 1103-2009, s. 10.
3.05.09.01. Despite section 3.05.09, a dispensing optician is not in a conflict of interest if he accepts a discount from a supplier for one of the following reasons:
(1)  for prompt regular payment, if the discount appears on the invoice and is in keeping with marketplace rules in similar matters; or
(2)  due to the volume of products purchased related to the practice of the profession of dispensing optician, if the discount appears on the invoice or the statement of account and is in keeping with marketplace rules in similar matters.
O.C. 1103-2009, s. 11.
3.05.10. The dispensing optician may not claim payment of an account for professional services whose cost is assumed by a third party unless by law he may conclude and has concluded an explicit agreement with his client to the contrary.
Decision 83-02-09, s. 3.05.10.
3.05.11. The dispensing optician must himself pay the cost of the advertising which he publishes or permits to be published, and he may not agree to a third party assuming that cost, in whole or in part, in his stead.
Decision 83-02-09, s. 3.05.11.
3.05.12. (Revoked).
Decision 83-02-09, s. 3.05.12; O.C. 1071-95, s. 1.
3.05.13. In the practice of his profession or in view of such practice, a dispensing optician may not conclude a contract limiting or controlling the management of his office or his professional practice. In particular, he must never contract to:
(a)  use a form of advertising contrary to the Professional Code (chapter C-26), to the Dispensing Opticians Act (chapter O-6) or to the regulations thereunder;
(b)  exclude certain types or brands of ophthalmic ortheses from those he offers to the public;
(c)  limit his freedom to buy and sell;
(d)  define or restrict the professional services that he may offer to the public.
Decision 83-02-09, s. 3.05.13.
§ 6.  — Professional secrecy
3.06.01. A dispensing optician must respect the secrecy of all confidential information acquired in the practice of his profession.
Decision 83-02-09, s. 3.06.01.
3.06.02. A dispensing optician may be released from professional secrecy only with his client’s authorization or where so ordered by law.
Decision 83-02-09, s. 3.06.02.
3.06.03. Where a dispensing optician asks a client to give him confidential information or where 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.
Decision 83-02-09, s. 3.06.03.
3.06.04. A dispensing optician must not disclose the fact that a person has requested his services if such disclosure is likely to cause prejudice to that person.
Decision 83-02-09, s. 3.06.04.
3.06.05. A dispensing optician should avoid indiscreet conversations concerning a client and the services rendered him.
Decision 83-02-09, s. 3.06.05.
3.06.06. A dispensing optician 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.
Decision 83-02-09, s. 3.06.06.
3.06.07. A dispensing optician must take reasonable measures to ensure that every person with whom he carries on his professional activities does not disclose to a third person the confidential information of which he may have taken cognizance.
Decision 83-02-09, s. 3.06.07; O.C. 1103-2009, s. 12.
3.06.08. A dispensing optician who, pursuant to the third paragraph of section 60.4 of the Professional Code (chapter C-26), communicates information protected by professional secrecy to prevent an act of violence must
(1)  communicate the information immediately to the person exposed to the danger, to that person’s representative, and to the persons who can come to that person’s aid;
(2)  enter the following in the client’s record:
(a)   the date and time of the communication;
(b)  the nature of the information communicated;
(c)  the identity of the person exposed to the danger;
(d)  the identity of the person who communicated the information;
(e)  the identity of the person to whom the information was communicated; and
(f)  the date on which the dispensing optician gave a notice to the syndic; and
(3)  as soon as possible, send the syndic a written notice of the communication that includes the reasons supporting the decision to communicate the information and the date and time it was communicated.
O.C. 578-2005, s. 1.
§ 7.  — Accessibility and rectification of records
Decision 83-02-09, ss. 7; O.C. 1103-2009, s. 13.
3.07.01. A dispensing optician must respond promptly, at the latest within 20 days of its receipt, to any request made by a client to consult or obtain a copy of documents that concern the client in any record made in his respect.
O.C. 1103-2009, s. 13.
3.07.02. A dispensing optician may charge the client reasonable fees for the reproduction or transcription of the documents and the cost of transmitting a copy of the documents.
A dispensing optician who intends to charge fees for the reproduction, transcription or transmission of the documents requested must first inform the client of the approximate amount to be paid.
O.C. 1103-2009, s. 13.
3.07.03. A dispensing optician must provide a client or a person designated by the client, on request, with all information that would allow him to obtain a benefit to which he may be entitled.
O.C. 1103-2009, s. 13.
3.07.04. A dispensing optician must, at the written request of the client and at the latest within 20 days of the date of the request, provide any person designated by the client with the relevant information in the record kept or maintained by the dispensing optician in the client’s respect.
O.C. 1103-2009, s. 13.
3.07.05. A dispensing optician must respond promptly, at the latest within 20 days of its receipt, to any request made by a client to have information that is inaccurate, incomplete, ambiguous, outdated or unjustified corrected or deleted in any document concerning the client. He must also respect the client’s right to make written comments in the record.
A dispensing optician must give the client, free of charge, a copy of the information filed in the record so that the client may verify that the information has been corrected or deleted or, where applicable, give the client an attestation stating that the client’s written comments have been filed in the record.
O.C. 1103-2009, s. 13.
3.07.06. A dispensing optician must send a copy, free of charge, of the corrected information or an attestation stating that the information has been deleted or, where applicable, that the written comments have been filed in the record, to every person from whom the dispensing optician received the information that was the subject of the correction, deletion or comments, and to every person to whom the information was communicated.
O.C. 1103-2009, s. 13.
3.07.07. A dispensing optician may temporarily deny access to personal information contained in a client’s record if its disclosure would likely cause serious harm to the client’s health. In such a case, the dispensing optician determines the time at which consultation may take place and informs the client thereof. In addition, the dispensing optician must inform the client of the reasons for the refusal, enter the reasons in the record and inform the client of all available remedies.
O.C. 1103-2009, s. 13.
3.07.08. A dispensing optician must respond promptly to any written request from a client to have a document returned to the client.
O.C. 1103-2009, s. 13.
§ 8.  — Determination and payment of fees
3.08.01. A dispensing optician must charge fair and reasonable fees.
Decision 83-02-09, s. 3.08.01.
3.08.02. Fees are fair and reasonable if they are warranted by the circumstances and in proportion to the services rendered. A dispensing optician should take the following 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; and
(d)  the cost to the dispensing optician of the products or materials necessary for providing his professional services.
Decision 83-02-09, s. 3.08.02.
3.08.03. A dispensing optician must provide his client with all the explanations necessary for understanding his statement of fees and the terms and conditions of payment. His statement of fees must include the following information, in particular: his name, the address and telephone number of his office, the date of the statement of fees and separately, the price and the description of the frame, of the lens or of other products, as well as the price, the description and the extent of the services offered in a service or insurance contract.
Decision 83-02-09, s. 3.08.03.
3.08.04. The dispensing optician should refrain from insisting upon advance payment for his services. He may, however, insist upon advance payment for covering the necessary expenses in the performance of the professional services required.
Decision 83-02-09, s. 3.08.04.
3.08.05. A dispensing optician may collect interest on outstanding accounts only after having duly notified his client. The interest thus charged must be at a reasonable rate.
Decision 83-02-09, s. 3.08.05.
3.08.06. Before taking legal action, a dispensing optician must exhaust all the other means at his disposal for obtaining payment of his fees.
Decision 83-02-09, s. 3.08.06.
3.08.07. Where a dispensing optician entrusts another person with the collection of his fees, he must, as far as possible, ensure that the latter will act with tact and moderation.
Decision 83-02-09, s. 3.08.07.
3.08.08. (Revoked).
Decision 83-02-09, s. 3.08.08; O.C. 1103-2009, s. 14.
§ 9.  — Conditions, obligations and prohibitions respecting advertising
O.C. 1071-95, s. 2.
3.09.01. No dispensing optician may, in any way whatsoever, engage in advertising that is false, misleading, incomplete or likely to mislead the public, or allow such advertising to be engaged in.
No dispensing optician may allow a partnership or joint-stock company within which he carries on his professional activities to engage in, by any means whatsoever, advertising that is false, misleading, incomplete or likely to mislead the public.
O.C. 1071-95, s. 2; O.C. 1103-2009, s. 15.
3.09.02. A dispensing optician may claim special qualities or skills only if he can justify them.
O.C. 1071-95, s. 2.
3.09.03. No dispensing optician may use an expression of support or gratitude he has received.
O.C. 1071-95, s. 2.
3.09.04. A dispensing optician must see to it that the persons working with him in the practice of his profession, in any capacity whatsoever, comply with the rules respecting advertising.
O.C. 1071-95, s. 2.
3.09.05. All dispensing opticians who are partners or work together in the practice of their profession are jointly responsible for complying with the rules respecting advertising, unless one of them demonstrates that the advertising was made without his knowledge and consent and in spite of the measures taken to ensure compliance with those rules.
O.C. 1071-95, s. 2.
3.09.06. All dispensing optician must keep a copy or a reproduction of all documents relating to every advertisement for 3 years after the date of the last broadcast or publication.
O.C. 1071-95, s. 2.
3.09.07. The Order is represented by a graphic symbol. A dispensing optician using that symbol in his advertising must make sure that it is identical to the original kept by the secretary.
O.C. 1071-95, s. 2.
3.09.08. No dispensing optician may use superlatives or comparisons intended to disparage goods or services provided by another dispensing optician or by a member of another professional Order.
O.C. 1071-95, s. 2.
3.09.09. A dispensing optician must indicate in all advertising his name and his title of optician or dispensing optician.
O.C. 1071-95, s. 2.
3.09.10. A dispensing optician advertising a price, a rebate, a discount, free goods or services or a commercial policy must:
(1)  specify the nature and extent of the services and the characteristics of the goods offered, unless the policy applies to all goods on the premises;
(2)  indicate that additional goods or services are required but not included, if such is the case;
(3)  mention any important fact that may help the public make an informed choice regarding the goods or services offered, particularly the fact that a good has been dicontinued; and
(4)  give more importance to the goods or services offered than to the price, rebate, discount or any other commercial policy.
The explanations and indications must be of such a nature as to inform persons who have no particular knowledge of the goods or services offered by a dispensing optician.
O.C. 1071-95, s. 2.
3.09.11. No dispensing optician may, by any means whatsoever, falsely:
(1)  announce a price reduction;
(2)  indicate the regular price or another reference price for a good or service; or
(3)  suggest that the price of a good or service is attractive.
O.C. 1071-95, s. 2.
3.09.12. A dispensing optician may advertise goods only if he has or can obtain a sufficient quantity to meet public demand, unless he mentions in his advertising that he has a limited quantity of the goods concerned and indicates that quantity.
O.C. 1071-95, s. 2.
3.09.13. A dispensing optician must specify the period of validity of any advertised price, rebate, discount, free goods or services or commercial policy.
O.C. 1071-95, s. 2.
DIVISION IV
DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION
§ 1.  — Incompatible professions and occupations
4.01.01. The practice of medicine and optometry is incompatible with the professional practice of a dispensing optician.
Decision 83-02-09, 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), it is derogatory to the dignity of the profession for a dispensing optician:
(a)  to solicit or prompt a person in pressing or repeated terms to resort to his professional services;
(b)  to directly or indirectly hinder the client’s freedom to choose another dispensing optician;
(c)  to abuse, in the practice of his profession, his client’s inexperience, ignorance, naïvety or poor health;
(d)  not to advise a client to consult a physician where he identifies that the condition of the eye or the surrounding area appears to necessitate a medical examination;
(e)  to practice his profession jointly or in partnership with or on behalf of a natural person or legal person in a manner not provided for by law and regulation; in particular, to form a partnership with a person who is not a member of the Order for the purpose of practising the profession, or being employed by such person for the same purpose;
(f)  (paragraph revoked);
(g)  to participate in or contribute to the commission of a violation of the Professional Code or the Dispensing Opticians Act (chapter O-6) or knowingly profit from such violation, especially where such action involves the illegal practice of the profession or the misuse of the title;
(h)  to enter incorrectly in a record information obtained upon examination or treatment or to falsify a record in regard of such information;
(i)  not to allow a client to examine the prescription which concerns him in any record regarding his case or not to allow him to obtain a copy of such prescription;
(j)  to give information on the condition of a client’s eyesight to a third person unless authorized by the client or ordered by law;
(k)  to communicate with the plaintiff without prior written permission from 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;
(l)  to use the stationery of a client, a supplier, a physician or an optometrist or allow a client, a supplier, a physician or an optometrist to use his stationery;
(m)  (paragraph revoked);
(n)  to fail to promptly notify the secretary of the Order where, pursuant to the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3), a dispensing optician or the partnership or company within which he carries on professional activities has made an assignment of property for the benefit of his creditors, is the subject of a receiving order, or has made a proposal that has been rejected by his creditors or dismissed or annulled by the court;
(o)  to carry on professional activities within, or to have an interest in, a partnership or joint-stock company whose name compromises the dignity of the profession of dispensing optician or with a person who, to the optician’s knowledge, acts in a manner that compromises the dignity of the profession of dispensing optician;
(p)  to carry on professional activities within, or to have an interest in, a partnership or company, where a partner, shareholder, director, manager, officer or employee of the partnership or company, has been struck off the roll for more than 3 months or has had his professional permit revoked, unless the partner, shareholder, director, manager, officer or employee
i.  ceases to hold a position of director, officer or manager within the company within 15 days of the date on which the mandatory striking off or revocation of permit has become effective;
ii.  ceases, if applicable, to attend any shareholder meeting and to exercise his right to vote within 15 days of the date on which the mandatory striking off or revocation of permit has become effective; or
iii.  disposes of his voting shares or turns them over to a trustee within 15 days of the date on which the mandatory striking off or revocation of permit has become effective;
(q)  to 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 performed by another person carrying on professional activities within the partnership or company, and that was brought to the dispensing optician’s attention more than 30 days earlier; and
(r)  to intimidate a person or to take reprisals or threaten to take reprisals against a person who
i.  has reported derogatory conduct or behaviour or intends to do so; or
ii.  has taken part or cooperated in an inquiry into derogatory conduct or behaviour or intends to do so.
Decision 83-02-09, s. 4.02.01; Erratum, 1985 G.O. 2, 2090; O.C. 1198-88, s. 1; O.C. 1071-95, s. 3; O.C. 1103-2009, s. 16.
§ 3.  — Relations with the Order
4.03.01. A dispensing optician whose participation on a council for the arbitration of accounts or on discipline, a professional inspection committee or any other committee is requested by the Order, or who is asked to act as tutor must accept that duty unless he has exceptional reasons for refusing it.
Decision 83-02-09, s. 4.03.01.
4.03.02. The dispensing optician must answer promptly all correspondence addressed to him by the syndic of the Order, investigators or members of the professional inspection committee.
Decision 83-02-09, s. 4.03.02.
4.03.03. A dispensing optician 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.
Decision 83-02-09, s. 4.03.03.
4.03.04. A dispensing optician who is consulted by a colleague should give the latter his opinion and recommendations as promptly as possible.
Decision 83-02-09, s. 4.03.04.
4.03.05. A dispensing optician 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.
Decision 83-02-09, s. 4.03.05.
§ 4.  — Contribution to the advancement of the profession
4.04.01. A dispensing optician 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 candidates for the practice of the profession, and by his participation in courses and continuing training periods.
Decision 83-02-09, s. 4.04.01.
4.04.02. A dispensing optician should promote cooperation with other professionals, in particular, with physicians, ophthalmologists and optometrists, in the best interest of his clientele, the public and his profession.
Decision 83-02-09, s. 4.04.02.
DIVISION V
TRANSITIONAL PROVISIONS
5.01. Notwithstanding section 3.05.05 and paragraph e of section 4.02.01, any dispensing optician who, on 25 June 1981, was practising his profession on behalf of an optometrist or a partnership of optometrists may continue to do so as long as he remains in the employ of that optometrist or partnership of optometrists.
Decision 83-02-09, s. 5.01.
5.02. (Omitted).
Decision 83-02-09, s. 5.02.
REFERENCES
Decision 83-02-09, 1983 G.O. 2, 1945 and 1985 G.O. 2, 2090
O.C. 1198-88, 1988 G.O. 2, 3339
O.C. 1071-95, 1995 G.O. 2, 2678
O.C. 578-2005, 2005 G.O. 2, 2055
S.Q. 2008 c. 11, s. 212
O.C. 1103-2009, 2009 G.O. 2, 3617