O-7, r. 5.1 - Code of ethics of optometrists

Section 43 Disposition versions

2018-05-17

43. Despite any other provisions in this Division, an optometrist may

(1)  subscribe to an agreement under which an organization allows the optometrist to use, free of charge or at a discount, its office, equipment or other resources necessary to practise optometry, provided it is an organization referred to paragraphs 2 to 6 of section 41 or an organization controlled by an optometrist, a dispensing optician or a physician;

(2)  subscribe to an agreement under which an organization other than the one referred to in subparagraph 1 allows the optometrist to use its office, equipment or other resources necessary to practise optometry if such agreement sets out a fair and reasonable rent in accordance with local socioeconomic conditions, at the time when the rent is set;

(3)  subscribe to an agreement under which an organization referred to in subparagraph 1 guarantees professional income, a volume of activity or a client base;

(4)  accept a discount paid by a supplier for prompt regular payment or due to the volume of purchases;

(5)  accept payment from a manufacturer of ophthalmic products for a portion of the cost of advertising, when an agreement in writing is entered into to that effect and the advertising concerns an ophthalmic product marketed by the manufacturer, and the agreement explicitly states that the manufacturer has paid a portion of the cost.

Any agreement referred to in this section must be evidenced in writing and include a statement confirming that the obligations under the agreement comply with the provisions of this Code and a clause authorizing the communication of the agreement to the Order on request.

A discount referred to in subparagraph 4 of the first paragraph must appear on the invoice or the statement of account and be in keeping with marketplace rules in similar matters.

O.C. 515-2018, s. 43.

Not in force

In force: 2018-05-17

43. Despite any other provisions in this Division, an optometrist may

(1)  subscribe to an agreement under which an organization allows the optometrist to use, free of charge or at a discount, its office, equipment or other resources necessary to practise optometry, provided it is an organization referred to paragraphs 2 to 6 of section 41 or an organization controlled by an optometrist, a dispensing optician or a physician;

(2)  subscribe to an agreement under which an organization other than the one referred to in subparagraph 1 allows the optometrist to use its office, equipment or other resources necessary to practise optometry if such agreement sets out a fair and reasonable rent in accordance with local socioeconomic conditions, at the time when the rent is set;

(3)  subscribe to an agreement under which an organization referred to in subparagraph 1 guarantees professional income, a volume of activity or a client base;

(4)  accept a discount paid by a supplier for prompt regular payment or due to the volume of purchases;

(5)  accept payment from a manufacturer of ophthalmic products for a portion of the cost of advertising, when an agreement in writing is entered into to that effect and the advertising concerns an ophthalmic product marketed by the manufacturer, and the agreement explicitly states that the manufacturer has paid a portion of the cost.

Any agreement referred to in this section must be evidenced in writing and include a statement confirming that the obligations under the agreement comply with the provisions of this Code and a clause authorizing the communication of the agreement to the Order on request.

A discount referred to in subparagraph 4 of the first paragraph must appear on the invoice or the statement of account and be in keeping with marketplace rules in similar matters.

O.C. 515-2018, s. 43.