The profession of optician is governed by the Dispensing Opticians Act and its regulations, such as the Code of Ethics of Dispensing Opticians, as well as by the Professional Code.
These acts and regulations are intended to ensure that anyone who inserts, fits, replaces or sells ophthalmic lenses on prescription or upon presentation of a broken lens does so in a manner that respects their obligations to the public, their clients and the profession. In addition, any person who performs these acts without being duly authorized by law or without being an optician recognized by the Ordre des opticiens d’ordonnance du Québec commits an offence and is liable to the penalties provided for in the Professional Code.
Whether or not you have breached your obligations, an ethics complaint can have serious consequences, both on your reputation and on your career and personal life. If you are faced with such a complaint, our lawyers specialising in disciplinary law are there to support you and defend your rights. Don’t wait until it’s too late. Contact us today for a confidential analysis of your case.
Duties and obligations
Duties to the public
As an optician, you are the face of your profession to the public. As a result, you should support any measure that can improve the quality and availability of services in your field. For example, contravention of certain measures required by public health to limit the spread of disease, such as Covid-19, can lead to disciplinary sanctions.
Duties to customers
The profession of optician generates multiple obligations aimed at protecting the rights and interests of your customers. Indeed, you must act with integrity, availability, diligence, independence and disinterestedness in the performance of your duties, while respecting professional secrecy and seeking to establish a relationship of mutual trust with your clients. It is also essential that you act within the limits of your skills, knowledge and means and avoid any misrepresentation as to them. In addition, your client has the right to consult another competent person at all times and it is even your duty to refer him or her to another competent person when his or her interest requires it.
Duty of independence
Conflicts of interest should be avoided and your interests should be subordinated to those of your clients. For example, you can’t insist that a customer buys your services against their will. By doing so, you cannot put yourself in a situation that could limit your professional freedom to the detriment of your clients. If you find yourself in a conflict of interest situation that you cannot avoid, you must report it to the people concerned and stop carrying out your professional activities, unless they consent to your continued activities.
Professional secret
As a professional, you must respect the confidentiality of information and personal information collected in the performance of your duties. This information cannot be used to directly or indirectly obtain any benefit to you or others. You also need to limit prying conversations about your customers and the services they receive. Among other things, do not reveal the identity of your customers to anyone without their permission.
Duty to inform
Your customers should be informed as soon as possible about the cost, nature and terms of your services, as well as when you provide them with a discontinued or discontinued product. Your clients’ consent to the services received must be obtained and, to do so, you must provide them with any explanation necessary to understand and appreciate them. They must also be informed as soon as possible of any errors, incidents or complications that occur during the services. In addition, the advice and guidance you give must not be contradictory and incomplete, and your actions must not be inappropriate or disproportionate to the needs of your clients. If your customers ask you to report or potential customers ask you for information, you must do so with diligence, frankness, disinterestedness and objectivity.
Access to Information
As an optician, you must diligently respond, and no later than 20 days from receipt, to any request for consultation or copy made by a client concerning documents that concern him. The same applies to any request for correction of information in these documents. However, you may temporarily deny access to information contained in the records where disclosure would result in serious injury to the client’s health. In this case, you must notify them and inform them of the reasons for your refusal, as well as their recourse. The reasons must also be recorded in the file.
Termination of services
If you wish to terminate your services to a client, you must have reasonable grounds to do so, such as a loss of trust, a conflict of interest that may call into question your professional independence, or the client’s incitement to commit illegal, unfair and fraudulent acts. The termination of services must not be detrimental to your customer and your customer must be informed of the termination of services within a reasonable period of time.
Duties to the profession
Your obligations as an optician are not limited to the public and your customers. They also extend to your relationships with your peers and your profession. In doing so, you should avoid practising under conditions that may compromise the quality of your services and refrain from doing acts or omissions that are contrary to professional standards or current scientific data. These acts are intended to protect the image of the profession and the public’s confidence in it. These include refraining from:
- Soliciting or encouraging someone to use your professional services on an urgent or repeated basis;
- Directly or indirectly interfere with a customer’s freedom to choose another dispensing optician;
- Abusing your customers’ inexperience, ignorance, naivety or poor health;
- Do not recommend that a client seek medical attention when you identify a condition that appears to require medical examination;
- Participating in, contributing to, and benefiting from the commission of an offence;
- To incorrectly indicate in the file information obtained during an examination or treatment or to falsify a file;
- Preventing a client from viewing or obtaining a copy of a prescription that applies to them;
- Breaking professional secrecy.
Disciplinary sanctions
Failure to comply with your professional obligations as a dispensing optician, whether it is an error in the dispensing of a prescription, inappropriate advice regarding lenses or glasses, or a breach of ethical standards, can result in serious disciplinary action.
These penalties can include fines, licence suspensions, or even striking off the roll in the event of a serious breach. If the Ordre des opticiens d’ordonnance du Québec accuses you of having committed a disciplinary offence, it is crucial to consult an experienced lawyer as soon as possible to protect your rights and your career.
Lambert Avocats is here to offer you a personalized and rigorous defense. In the event of an investigation or complaint by your professional order, call our team of lawyers specializing in disciplinary law now to defend your rights and benefit from an effective defence adapted to your needs.