Regulation #9

Professional Misconduct

For the purposes of Part II of the Medical Act (the "Act"), "Professional Misconduct" by a member (which when used in this regulation includes an associate member) includes, without limitation:

  1. failure to abide by the terms, conditions or limitations of the member's license or specialist license;

  2. failure to abide by the terms or conditions of any agreement or undertaking with the College relating to the practice of medicine;

  3. failure to maintain the standard of practice of the profession;

  4. contravention of any provision of Part II of the Act, or Regulations under the Act;

  5. failure to maintain the records and accounts that are required by Regulation to be kept by members with respect to their practice;

  6. using a term, title or designation other than one authorized, or using a term, title or designation that is prohibited by Act or Regulation;

  7. permitting, counselling or assisting any person who is not licensed under Part II of the Act to engage in the practice of medicine, except as provided for in the Act or Regulations;

  8. stipulating, charging, or accepting any fee that is not fully disclosed, fair and reasonable;

  9. charging a fee for an undertaking to be available to provide services to a specific patient;

  10. charging a fee that is excessive in relation to the services performed;

  11. failure to issue a statement or receipt when requested by a patient or their authorized representative;

  12. selling or assigning any debt owed to the member for professional services, excluding, however, a sale or assignment when accepting a credit card to pay for professional services or when making a general assignment of debts as collateral for a loan to finance his or her medical practice;

    12.1 pledging, mortgaging, charging or in any other way encumbering or granting a security interest in the member's interest in a medical record required to be kept under the Act or Regulations;

  13. refusing to render a medically necessary service unless payment of the whole or part of the fee is received in advance of the service being rendered;

  14. refusing to provide professional services for a reason which, having regard to all the circumstances, would reasonably be regarded as discriminatory;

  15. failure to advise a patient that a physician's moral or religious convictions prevent the provision of a treatment that may be appropriate and failing to advise the patient of the consequence of not receiving such treatment;

  16. charging a fee for services not performed other than charging for the cancellation of an appointment less than 24 hours before the appointment time;

  17. falsifying a record relating to the member's practice;

  18. signing or issuing, in the member's professional capacity, a document that the member knows or ought to know is false or misleading;

  19. failure, without reasonable cause, to provide a report or certificate relating to an examination or treatment performed by the member to the patient or their authorised representative within a reasonable time after the patient or their authorized representative has requested such a report or certificate;

  20. knowingly submitting a false or misleading account or false or misleading charges for services rendered to a patient;

  21. engaging in the practice of medicine while the ability to perform any professional service is impaired;

  22. practising beyond the scope of the member's training and recent experience;

  23. failure to continue to provide necessary professional services to a patient until the patient has had a reasonable opportunity to arrange for the services of another physician;

  24. failure to display reasonable availability and diligence with respect to a patient;

  25. making a claim respecting the utility of a remedy, treatment, device, or procedure other than a claim which can be supported as reasonable professional opinion;

  26. failure to reveal the exact nature of a secret remedy following a proper request for such information;

  27. failure to respond appropriately or within a reasonable time to a written inquiry from the Registrar, Council, a committee of the College, or their agents;

  28. improper use of the authority to prescribe, sell or dispense a drug or medical product, or directing a patient to have a prescription dispensed by a specific pharmacy or supplier;

  29. prescribing, selling, administering, distributing, ordering, or giving any drug legally classified as a controlled substance or recognized as an addictive or dangerous drug to a family member or to himself or herself;

  30. abusing a patient verbally, physically, or sexually;

  31. failure to report to the College any information concerning a member, or former member, from whatever source, which suggests, if the information is true, that the member, or former member, may be guilty of Professional Misconduct, under the Act or Regulations or maybe incapacitated or unfit to practise under the Act or Regulations;

  32. breaching any provision of the Code of Ethics as adopted, from time to time, by Council;

  33. being found guilty of professional misconduct or its equivalent in any other jurisdiction based upon acts or conduct by the member similar to acts or conduct which could constitute professional misconduct as defined under the Act or Regulations, a certified copy of the record of the action taken by the other jurisdiction being conclusive evidence thereof;

  34. failing to report to the College any action taken against the member by any other licensing authority, by any health care institution, by any professional association, by any governmental agency, by any law enforcement agency, or by any court, for any act or conduct which could constitute professional misconduct under the Act or Regulations, or for any act or conduct that could lead to a finding under the Act or Regulations that the member is incapacitated or unfit to practice;

    34.1 failing to report to the College the commencement of any proceedings concerning or related to the member's provision of medical services;

  35. sharing fees with any person who has referred a patient to the member or requesting or accepting a fee, commission, or other compensation for the referral of a patient;

  36. having a conflict of interest in relation to the member's professional practice;

  37. conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional;

  38. conduct or an act relevant to the practice of medicine which could have constituted malpractice or infamous, disgraceful or improper conduct under the Medical Act 1958;

  39. prescribing, counselling, administering or assisting any person in the use of any drugs or therapy in a manner which is not consistent with the teaching of Canadian Schools of Medicine accredited by the Council on Accreditation of Canadian Medical Schools unless prior approval of the Council has been obtained;

  40. interfering, either directly or indirectly, with the patient's freedom of choice of a physician or a patient's right to consult another physician or other professional;

  41. performing for a patient a professional service that is not justifiable on any reasonable grounds;

  42. providing any professional service or services that would reasonably be regarded by members as being excessive in volume, or in relation to other professional services provided by the physician, not justifiable on any reasonable grounds;

  43. performing a professional service without consent if consent is required by law;

  44. requesting that a patient, or any other person release, exempt, or otherwise limit the physician's liability resulting from professional negligence or error;

  45. giving information concerning the condition of a patient or any services rendered to a patient to a person other than the patient, their authorized representative, or the equivalent, except with the consent of the patient, their authorized representative, or the equivalent, or as required by law;

  46. influencing a patient to change their will or other testamentary instrument in any manner that would directly or indirectly benefit a member; or

  47. practising medicine in any manner or by any means in another jurisdiction without being licensed or otherwise authorized to do so by the appropriate medical regulatory authority for that jurisdiction.



Enacted 11/83; amended 11/92;4/94;6/95; 6/97, 11/01