The profession of optometrist is governed by the Act respecting optometry and its regulations, such as the Code of Ethics of Optometrists, as well as by the Professional Code.
The purpose of these acts and regulations is to ensure that anyone who examines the eyes, analyzes their functions and evaluates their visual problems, and prescribes, fits, fits, sells and replaces ophthalmic lenses does so in a manner that respects their duties and obligations to the public, their clients and the profession. As an optometrist, you can also give advice to prevent visual problems and promote ways to promote good vision.
However, some specific procedures, such as administering medications, are subject to strict conditions. For example, you must hold a medication administration permit, use only substances authorized by the Office des professions du Québec and comply with the rules related to their use. Whether or not there has been misconduct, an ethics complaint can have serious consequences for your reputation and career. If you are faced with such a situation, Lambert Avocats is there to offer you specialized legal support. Contact our disciplinary lawyers without delay.
Duties and obligations
Duties to the public
As an optometrist, your primary role is to serve the public interest. To do this, you need to work with your colleagues to help improve the quality and availability of optometric services. This includes using health care resources wisely, as well as protecting and promoting the health and well-being of individuals. Thus, you may not participate in any action that endangers the health or safety of the public or make or allow to be made any advertisement likely to mislead the public. On the contrary, you must promote education and information measures in optometry. In addition, your practice must follow recognized professional standards and established scientific data, and you must constantly develop, refine and maintain your knowledge and skills to this end. These knowledge and skills have limits that are unique to you and you must respect them in your practice and be aware of them. You must never make a false, misleading or incomplete representation of them to the public.
Duties to customers
The profession of optometrist has several responsibilities designed to ensure that the rights and interests of your patients are protected. Indeed, you must be of irreproachable conduct in the exercise of your profession, which includes acting with respect for the dignity and freedom of your clients, as well as refraining from any form of discrimination. While seeking to establish a relationship of trust with your patients, you must act impersonally, without intervening in their personal affairs, and never abuse this trust, particularly in order to abuse the relationship to have sexual relations, to make abusive gestures or to make comments of a sexual nature. Similarly, you should never take advantage of your patients’ state of dependence or vulnerability. In addition, your client has the right to consult another competent person at any time or to have his or her prescription enforced by another professional. However, when he or she consults you personally, you must strive to have a complete knowledge of his or her situation and the reasons for his or her consultation and ensure that all the services and interventions you provide are justified and necessary.
Duty of availability and diligence
You must demonstrate availability and due diligence in the practice of your profession. Thus, you must ensure a reasonable follow-up with your patients and inform them of the means by which they can reach you. If you are unavailable, you should refer them to another professional who can provide the services they need.
Duty of independence
Conflicts of interest should be avoided and your interests should be subordinated to those of your patients. However, if you find yourself in a conflict of interest situation that you cannot avoid, you must report it to the people concerned and take all necessary measures to ensure that your patients do not suffer harm. This includes having no direct or indirect interest in a business that manufactures or sells products related to the practice of optometry, such as frames or ophthalmic lenses.
Duties of integrity
Integrity is central to your practice, in that you must refrain from any act of collusion, corruption, embezzlement, breach of trust and influence peddling. For example, you may not enter, produce or use data that you know to be incorrect in any document. Finally, no sale, administration, donation or distribution of expired or returned drugs or products by patients is tolerated, even if they are samples.
Duty of professional secrecy
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.
Duty to inform
Your patients’ 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. Such an incident must be noted in the file. If your customers ask you to report or potential customers ask you for information, you need to be objective and selfless.
Access to Information
As an optometrist, you must diligently respond, no later than 30 days of receipt, to any request for consultation or copy made by a patient 14 years of age or older concerning documents that concern him or her. The same applies to any request for correction of information in these documents. If you refuse to disclose, you must notify your patient 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 patient, you must have reasonable grounds to do so, such as loss of trust, a conflict of interest that may call into question your professional independence, incitement on the part of the client to commit illegal, unfair and fraudulent acts, or abusive behaviour by the patient, such as acts of a sexual nature. The termination of the services must not be detrimental to your client and the client must be informed of the termination of the services within a reasonable period of time.
Duties to the profession
Your obligations as an optometrist are not limited to the public and your patients. 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.
Disciplinary sanctions
Failure to comply with one of these multiple obligations may result in various disciplinary sanctions imposed by the Ordre des optométristes du Québec. These penalties may include:
- A reprimand, recorded in your file;
- A fine, the amount of which varies according to the seriousness of the offence;
- Revocation of your licence, in the event of serious or repeated misconduct;
- Training or supervision obligations, to demonstrate your ability to comply with professional standards;
- Temporary or permanent disbarment from the College for serious violations;
These penalties are not limited to the professional aspect: they can also damage your reputation, your relationships with your customers and your future opportunities. For these reasons, it is essential to take proactive steps immediately if you face a complaint or disciplinary investigation. Protect your career and your rights today and contact us today.