P-12, r. 5 - Code of ethics of podiatrists

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chapter P-12, r. 5
Code of ethics of podiatrists
PODIATRISTS — CODE OF ETHICS
Podiatry Act
(chapter P-12, s. 3).
P-12
Professional Code
(chapter C-26, s. 87).
C-26
January 14 2016
Replaced, O.C. 1162-2015, 2015 G.O. 2, 3451; eff. 2016-01-14; see c. P-12, r. 5.01.
DIVISION I
GENERAL PROVISION
1.01. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. P-12, r. 3, s. 1.01.
DIVISION II
DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC
2.01. A podiatrist must support every measure likely to improve the quality and availability of the professional services in the field in which he practises.
R.R.Q., 1981, c. P-12, r. 3, s. 2.01.
2.02. A podiatrist must promote all means of education and information pertaining to the field in which he practises.
R.R.Q., 1981, c. P-12, r. 3, s. 2.02.
DIVISION III
DUTIES AND OBLIGATIONS TOWARDS CLIENTS
§ 1.  — General provisions
3.01.01. Before accepting a mandate, a podiatrist must bear in mind the extent of his ability, proficiency and the means at his disposal.
He shall, in particular, begin a treatment only if he has previously ensured that such treatment is justified and opportune.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.01.
3.01.02. A podiatrist must at all times acknowledge his client’s right to consult a colleague or another competent person.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.02.
3.01.03. A podiatrist must refrain from practising under conditions or in situations which could impair the quality of his services.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.03.
3.01.04. A podiatrist must try to establish a mutual trust relationship between himself and his client. To that end, the podiatrist must, in particular:
(a)  refrain from practising his profession in an impersonal manner;
(b)  conduct his interviews in such a way as to respect his client’s scale of values and personal convictions.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.04.
3.01.05. A podiatrist must refrain from intervening in his client’s personal affairs on matters which are not within the scope of podiatry.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.05.
3.01.06. A podiatrist must try to determine the podiatric treatment indicated by means of adequate scientific methods and avoid administering disproportionate or inappropriate treatment.
R.R.Q., 1981, c. P-12, r. 3, s. 3.01.06.
§ 2.  — Integrity
3.02.01. A podiatrist must discharge his professional duties with integrity.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.01.
3.02.02. A podiatrist must avoid any false representation with respect to his level of competence or the efficiency of his own services and of those generally provided by podiatrists. If it is in the client’s interest, he must, with the latter’s authorization, consult a colleague or another competent person or refer him to one of these persons.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.02.
3.02.03. A podiatrist must, as soon as possible, inform his client of the extent and the terms and conditions of the mandate entrusted to him by the latter and he must obtain his agreement in that matter.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.03.
3.02.04. A podiatrist must thoroughly and objectively inform his client of the nature and scope of the problem which, in his opinion, emerges from the full expose of facts brought to his attention.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.04.
3.02.05. A podiatrist must refrain from expressing or giving contradictory or incomplete opinions or advice. To this end, he must try to have a complete knowledge of the facts before expressing any opinion or giving any advice.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.05.
3.02.06. A podiatrist must inform his client as early as possible of any error that might cause the latter prejudice made by him while rendering a professional service.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.06.
3.02.07. A podiatrist must take reasonable care of the property entrusted to his care by a client.
R.R.Q., 1981, c. P-12, r. 3, s. 3.02.07.
§ 3.  — Availability and diligence
3.03.01. In the practice of his profession, a podiatrist must show reasonable availability and diligence.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.01.
3.03.02. In addition to opinion and counsel, a podiatrist must also furnish his client with any explanations necessary to the understanding and appreciation of the services he provides him.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.02.
3.03.03. A podiatrist must give an accounting to his client when so required by the latter.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.03.
3.03.04. A podiatrist must act with objectivity and disinterestedness whenever persons other than his clients request information from him.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.04.
3.03.05. A podiatrist shall not cease to provide his professional services to a client unless he has just and reasonable grounds for so doing. The following shall, in particular, constitute just and reasonable grounds:
(a)  loss of a client’s confidence;
(b)  lack of cooperation on the part of the client and, in particular, refusal by the latter to submit to the treatment prescribed to him by the podiatrist;
(c)  the fact that a podiatrist is placed in a situation whereby his professional independence could be called in question;
(d)  inducement by the client to illegal, unfair or fraudulent acts.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.05.
3.03.06. Before terminating his professional services to a client, a podiatrist must give reasonable advance notice of withdrawal and ensure that such withdrawal of services is not prejudicial to his client.
R.R.Q., 1981, c. P-12, r. 3, s. 3.03.06.
§ 4.  — Responsibility
3.04.01. A podiatrist must, in the practice of his profession, fully commit his personal civil liability.
R.R.Q., 1981, c. P-12, r. 3, s. 3.04.01.
§ 5.  — Independence and disinterest
3.05.01. A podiatrist must subordinate his personal interest to that of his client.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.01.
3.05.02. A podiatrist must ignore any intervention by a third party which could influence the performance of his professional duties to the detriment of his client.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.02.
3.05.03. A podiatrist must safeguard his professional independence at all times and avoid any situation which could put him in conflict of interest.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.03.
3.05.04. A podiatrist must not share his fees with a person who is not a member of the Ordre des podiatres du Québec nor shall he pay such fees to him.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.04.
3.05.05. A podiatrist shall share his fees with a colleague only to the extent that such sharing corresponds to a distribution of the services and responsibilities.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.05.
3.05.06. A podiatrist must refrain from paying or receiving any rebate or commission in connection with the practice of his profession.
R.R.Q., 1981, c. P-12, r. 3, s. 3.05.06.
§ 6.  — Professional secrecy
3.06.01. A podiatrist has a duty to hold in strict confidence all confidential information acquired in the practice of his profession.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.01.
3.06.02. A podiatrist shall be released from professional secrecy only with the authorization of his client or whenever so ordered by law.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.02.
3.06.03. When a podiatrist asks a client to disclose confidential information or when he permits such information to be disclosed to him, he must ensure that the client is fully aware of the purpose of the interview and of the various uses which may be made of that information.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.03.
3.06.04. A podiatrist shall not disclose that a person retained his services when such disclosure might cause prejudice to that person.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.04.
3.06.05. A podiatrist must avoid indiscreet conversations about a client and the services that are rendered to him.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.05.
3.06.06. A podiatrist shall not make use of confidential information to the prejudice of a client or with a view to obtaining, directly or indirectly, an advantage for himself or for another person.
R.R.Q., 1981, c. P-12, r. 3, s. 3.06.06.
§ 7.  — Accessibility of records
3.07.01. A podiatrist must respect the right of his client to take cognizance of the documents that concern him in any record drawn up in his respect and to obtain a copy of such documents.
R.R.Q., 1981, c. P-12, r. 3, s. 3.07.01.
§ 8.  — Determination and payment of fees
3.08.01. A podiatrist must charge and accept fair and reasonable fees.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.01.
3.08.02. Fees are considered fair and reasonable when they are justified by the circumstances and correspond to the services rendered. In determining his fees, the podiatrist must, in particular, take the following factors into account:
(a)  the time devoted to rendering the professional service;
(b)  the difficulty and nature of the service;
(c)  the provision of services which are out of the ordinary or which require exceptional skill or swift execution;
(d)  where applicable, the cost to the podiatrist, of products or material necessary for the carrying out of his professional services.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.02.
3.08.03. A podiatrist must furnish his client with all explanations necessary for the understanding of his statement of fees and of the terms and conditions of its payment.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.03.
3.08.04. A podiatrist must refrain from demanding advance payment of his fees. He must, on the other hand, give his client an estimate of his fees.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.04.
3.08.05. A podiatrist may charge interest on overdue accounts only after having duly notified his client. The interest thus charged must be at a reasonable rate.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.05.
3.08.06. Before having recourse to legal proceedings, a podiatrist must have exhausted all other lawful means at his disposal to obtain payment of his fees.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.06.
3.08.07. A podiatrist must refrain from selling his accounts, except to a colleague upon the transfer of his business office.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.07.
3.08.08. When a podiatrist entrusts another person with the collection of his fees, he must ensure that the latter usually acts tactfully and with restraint.
R.R.Q., 1981, c. P-12, r. 3, s. 3.08.08.
DIVISION IV
DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION
§ 1.  — Incompatible duties and functions
4.01.01. The following are incompatible with the practice of the profession of podiatrist:
(a)  the practice of another profession governed by the Professional Code (chapter C-26);
(b)  the practice of an activity or trade related to bodily care and, in particular, the carrying on of the trade of hairdresser, aesthetician, kinesitherapist, masseur or massotherapist, naturopath, osteopath or beautician.
R.R.Q., 1981, c. P-12, r. 3, s. 4.01.01.
4.01.02. A podiatrist shall not sell shoes or make them for other persons.
R.R.Q., 1981, c. P-12, r. 3, s. 4.01.02.
4.01.03. A podiatrist shall not have any direct or indirect interest in a firm that sells or manufactures shoes.
R.R.Q., 1981, c. P-12, r. 3, s. 4.01.03.
§ 2.  — Derogatory acts
4.02.01. In addition to those referred to in sections 57 and 58 of the Professional Code (chapter C-26), the following acts are derogatory to the dignity of the profession of podiatrist:
(a)  pressing or repeated inducement to retain his own professional services;
(b)  delivering or issuing to any person a false report, false certificate or false prescription;
(c)  giving consultations in premises in which medications, prostheses or shoes are offered to the public;
(d)  using dangerous or inadequately tested methods, processes or treatment;
(e)  guaranteeing the effectiveness of a treatment;
(f)  using or administering medication whose period of usage as indicated by the manufacturer has expired;
(g)  lending his name to a person for the purpose of permitting him to recommend or to promote the sale, distribution or utilization of medications or instruments used in the practice of podiatry, or with a view to permitting that person to recommend or promote a treatment;
(h)  altering notes in a client’s record which are already entered, or replacing any part thereof with the intention of falsifying them;
(i)  being associated with or employed by, for the purposes of practising podiatry, a person who is not a member of the Order or associating with or being employed by, for the same purposes, a moral person with the exception, where applicable of an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5);
(j)  assisting a person in the illegal practice of the profession;
(k)  resorting to legal proceedings against a client during the 45 days following receipt of a copy of an application for the conciliation of accounts;
(l)  communicating with the plaintiff without the written and prior permission of the syndic or of his assistant when informed of an inquiry into his professional conduct or competence or when a complaint is served against him;
(m)  taking legal action against a colleague before having previously requested conciliation by the syndic;
(n)  charging, offering, accepting or agreeing to accept a sum of money or advantage for the purpose of having a procedure or decision of the Order adopted or rejected;
(o)  furnishing false information to the Order;
(p)  failure to inform the Order that he has reason to believe that a podiatrist is incompetent or does not comply with the professional code of ethics or that a person practises podiatry illegally.
R.R.Q., 1981, c. P-12, r. 3, s. 4.02.01; S.Q., 1992, c. 21, s. 375.
§ 3.  — Relations with the Order and colleagues
4.03.01. A podiatrist who is asked by the Order to be on one of its committees or councils must accept unless he has exceptional grounds for refusing.
R.R.Q., 1981, c. P-12, r. 3, s. 4.03.01.
4.03.02. A podiatrist must reply promptly to all correspondence addressed to him by the board of directors, the syndic, the professional inspection committee or one of their investigators.
R.R.Q., 1981, c. P-12, r. 3, s. 4.03.02.
4.03.03. A podiatrist shall not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards him.
R.R.Q., 1981, c. P-12, r. 3, s. 4.03.03.
4.03.04. A podiatrist who is called upon to collaborate with a colleague must retain his professional independence. He may refuse any task asked of him if the performance thereof is against his conscience or his principles.
R.R.Q., 1981, c. P-12, r. 3, s. 4.03.04.
4.03.05. A podiatrist who is consulted by a colleague must give the latter his opinion and recommendations as quickly as possible.
R.R.Q., 1981, c. P-12, r. 3, s. 4.03.05.
§ 4.  — Contribution to the advancement of the profession
4.04.01. A podiatrist must, as far as he is able, contribute to the development of his profession by sharing his knowledge and experience with his colleagues and students, and by participating in continuing courses and training periods.
R.R.Q., 1981, c. P-12, r. 3, s. 4.04.01.
REFERENCES
R.R.Q., 1981, c. P-12, r. 3
S.Q. 1992, c. 21, s. 375
S.Q. 2008, c. 11, s. 212