Definitions
4.Professional designation: protected title
5.Complaints authorization Committee: three (3) members of the Board, two (2) whom are elected and (1) who is an appointed member will form the ‘complaints authorization committee’ in accordance with Section 13(1) of the Act
6.Disciplinary panel: The Board will appoint five (5) registered dispensing opticians who are not members of the Board, of which one will be appointed as chairperson and the Minister shall appoint at least two (2) non-opticians representing the public interest to serve on this panel in accordance with Section 13(4) of the Act
7.The Executive Committee of the Board shall be elected from the elected members of the Board in accordance with Section 10 of these Bylaws
8.The Executive Director is an individual contracted by the Board to carry out the duties of the Secretary-Registrar and other duties that may be assigned by the Executive Committee of the Board. The Executive Director is an ex-officio member of the Board and has no voting privileges on the Board.
Members of the Board
9.The Board shall consist of:
a)Five (5) members elected from and by registered dispensing opticians in accordance with Section 4(2)(a) of the Act;
b)Two (2) members appointed by the Minister under Section 4(2)(b) of the Act who are not registered dispensing opticians
c)Members of the Board will have a three-year term not exceeding nine consecutive years
d)A quorum of four (4) Board members including an appointed member is sufficient to make a decision; if a split decision should occur, the chairperson of the meeting shall cast the deciding vote in accordance with Section 6(3) of the Act
e)The Board may appoint non-elected Registered Dispensing Opticians to sit on the Board as consultants; these persons are ex-officio members of the Board and do not hold voting privileges
Executive Committee
10.An Executive Committee of the Board shall be elected from the elected members of the Board and shall consist of the Chairperson, Vice-Chairperson and Secretary-Registrar;
a)The Executive Committee shall be responsible for the management of the operational affairs of the Dispensing Opticians Board.
b)The Executive Committee shall prepare a report of its activities to be presented to the Registrants at the Annual General Meeting
c)The Secretary-Registrar, unless otherwise contracted to the Executive Director, will perform the duties pursuant to Section 11 of the Act
I.Attend all meetings of the Board unless excused by the Chairperson
II.Record, keep, distribute and read all minutes of the Board and its committees
III.Under direction of the Board, be responsible for controlling matters relating to the finances of the Board including the receipt of all monies paid to the Board and for making
disbursements on behalf of the Board
IV.Make all payments on behalf of the Board by cheque to be co-signed by one of two signatories who are elected members of the Board
V.Deposit all funds received by or on behalf of the Board in a Chartered Bank or Trust Company approved by the Board
VI.Keep a ledger of receipts and disbursements which shall be opened to the board and to reply to any reasonable questions by any member of the Board regarding specific receipts or
disbursements
VII.Delegate to a committee of the Board, with approval of the Board, the right to deposit and disburse funds on behalf of the Board
VIII.Have the books of the board audited by the auditor appointed by the Board
IX.Submit a financial statement to the Board within sixty days of receiving a request from the Board for such a statement
X.At each Annual General Meeting of the Board present an audited statement of the financial affairs of the Board
XI.Keep a register of Optical retail outlets, students and all categories of Opticians
XII.Issue all certificates and licenses
XIII.Be responsible for negotiating all contracts
XIV.Be responsible for all regular correspondence on behalf of the Board
XV.Represent the Board at meetings with other provincial and federal opticinary regulatory authorities
XVI.Represent the Board on committees related to the education of opticinary
XVII.Be responsible to the Board for the management and operation of Board activities
XVIII.Be responsible for the annual report on the activities of the Board for submission to the Minister of Health and Community Services in accordance with Section 9(1a) of this Act
First Election of the Board
11.For the first election of members of the Board, in 2006, one (1) will serve for a term of three years, two (2) for a term of two (2) years and two (2) for a term of one (1) year.
a)Five (5) persons who have the majority of votes will be the first elected members of the Board.
b)The person receiving the most votes will serve the first three (3) year term: 2006-2009
c)Two (2) persons who have the next majority of votes will serve a two (2) year term: 2006-2008
d)Two persons then remaining will serve a one (1) year term: 2006-2007
Election of the Members of the Board
12.For subsequent elections, elected members of the Board shall be elected for a term of 3 years, which shall commence at the end of the Annual General Meeting of the Board at which the results of the election are to be proclaimed in accordance with Section 4 (4) of the Act.
13.A member of the Board whose term of office expires or terminates is eligible for re-election or reappointment for a period of nine (9) consecutive years; a member whose term of office is terminated under Section 4(4), and Section 5(3) of the Act is not eligible for re-election or reappointment, as the case may be, until a period of twelve (12) months from the year in which he or she was last a member of the board has expired following the date of such termination.
Vacancies
14.The office of a Board member, whether that members is elected or appointed, shall become vacant if that member:
a.dies;
b.resigns by notice in writing, to the Board, in the case of elected members, or to the Minister, in the case of appointed members;
c.in the case of elected members, ceases to be a Registered Dispensing Optician
d.in the case of elected members, no longer resides in the province;
e.is, in the opinion of any affirmative vote of two-thirds of the remaining members of the Board, absent without reasonable excuse for more than two consecutive meetings of the Board,
subject, in the case of appointed members, to the approval of the Minister; or
f.in the case of appointed members, has his appointment revoked by the Minister pursuant to Section 5(6) of the Act.
15.Where a vacancy occurs in the elected membership of the Board, pursuant to Section 4(6) of the Act, the remaining members of the Board may appoint another Registered Dispensing Optician to fill the vacancy
a)the replacement member may hold office until the next annual general meeting, unless the term of office of the replacement member is earlier terminated pursuant to Section 13 of these bylaws
16.Where a vacancy occurs in the appointed membership of the Board, the Minister may appoint a person to fill the vacancy, and the replacement person shall hold office for the remainder of the term of the person in whose place the replacement person is appointed, unless the term of the replacement person is earlier terminated pursuant to Section 8xxxx of these bylaws
17.The exercise of the powers of the Board shall not be impaired by reason of a vacancy in its membership.
18.If it is later discovered that there was some defect in the election or appointment of a person purporting to be a member of the Board, all acts performed by the Board shall be as valid and effectual as if that defect had not existed.
Financial and Contractual Matters
Payment of Travel and Other Expenses
19. Board members, Executive Committee, Adjudication Tribunal members, and persons attending approved provincial or national meetings as representatives of the Dispensing Opticians Board of NL [DOBNL], or on approved DOBNL business will be reimbursed for transportation, accommodation, meals and services that meet reasonable and adequate standards for convenience, safety and comfort. Such reimbursement shall be made on the basis of actual expenditures incurred, up to the allowable limits as specified below, and normally upon the submission of receipts.
The following guidelines will apply for reimbursement of expenses:
a)All expense claims must be submitted to the Secretary-Registrar or Executive Director on an Expense Claim Form, supported by receipts, and signed by the person submitting the claim;
b)Expense claims outside of these guidelines require prior approval of the Executive Committee;
c)Airfare expenses will be reimbursed based on standard economy rates. Whenever possible reservations should be made sufficiently in advance to take advantage of early booking discounts;
d)Reimbursement is allowed for taxis, airport buses, subways, shuttles used in the performance of Board, or other approved, business. Expenses will be reimbursed as incurred, with receipts;
e)Auto rental, limited to the smallest vehicle appropriate and available, will be reimbursed when this is the most appropriate or cost-effective means of transportation. Rental fees and fuel
expenses will be reimbursed as incurred, with receipts;
f)The use of personal automobiles will be reimbursed at a rate of $0.40 per kilometre. Parking expenses will be reimbursed as incurred, with receipts;
g)Hotel expenses will be reimbursed based on standard economy room rates. Personal incidental expenses such as mini-bar charges, laundry, in-room movies and personal telephone calls will be
the responsibility of the individual;
h)Maximum meal expenses payable, including gratuities, will be the actual expenses to a maximum of $65.00 per day without receipts (meal expenses in excess of $65.00 per day will require supporting receipts). Members are not reimbursed for meals supplied by the Board or for meals purchased instead of those provided by the Board;
i)The Board will not reimburse for alcoholic beverages, except as a component of the daily meal allowance, without prior approval;
j)Registration fees required for events approved by the Board may be paid in advance by the Board or reimbursed to the individual as incurred;
k)Miscellaneous expenses such as telephone calls, photocopying, supplies, or postage incurred on behalf of the DOBNL will be reimbursed upon submission of receipts;
l)Per Diem will be paid only to Board members for attendance at meetings of the Board, or meetings of the Complaints Authorization Committee, or to members of the Disciplinary Panel for
attendance at Adjudication Tribunals and to persons approved by the Board to carry out activities of the Board at a rate of $100.00 per 8 hour day and $50.00 for periods 4 hours or less.
m)When necessary or appropriate, expenses can be paid in advance by the Board with the approval of the Secretary-Registrar.
20.Contracts, documents, or any instruments in writing requiring a signature on the resolution of the Board, shall be signed by any two members of the Executive Committee, however the Executive shall have the power from time to time to appoint an agent or agents on behalf of the Board either to sign contracts, documents and instruments in writing generally, or to sign specific contracts and instruments in writing.
21.The Executive Committee shall appoint an auditor to review the accounts of the Board prepare the year end Financial Statement in a form decided by the Executive Committee
22.The funds of the Board shall be deposited in a chartered Canadian Bank or Trust Company
23.The Executive Committee may borrow, raise, or secure money in a manner it determines to carry out the objectives of the Board. To borrow an amount in excess of 10% of the Board’s revenues for the previous financial year, the Executive Committee will provide notice to the Board that sets out the amount to be borrowed, the purpose of borrowing, and the anticipated benefits to the Board for having borrowed
24.The fiscal year for the Board shall be April 1st to March 31st.
Cooperate Seal
25.The Seal that bears the Name: ”The Dispensing Opticians Board of Newfoundland and Labrador” is the Seal of the Board. Custody of the Seal is the responsibility of the Executive Committee and the Executive Committee shall determine its use.
Elections of Directors of the Board
26.The election of Board Members shall take place every year, with the results being proclaimed at the Annual General Meeting of the Board
27.The newly elected Board Members shall take office immediately following the Annual General Meeting at which the election results were proclaimed.
28.The five elected members of the Board shall be elected on a At Large basis from all areas within the province of Newfoundland and Labrador
29.The Secretary-Registrar or Executive Director shall act as Returning Officer for the Board elections
Nominations [revised November 2019]
30.Nominations shall proceed as follows:
a)Nomination forms shall be sent to Registered Dispensing Opticians at least ninety (90) days prior to the Annual General Meeting of the Board by mail or electronic means
b)Registrants may nominate themselves or more than one Registered Dispensing Optician who is in good standing and is an active registrant of the Board
c)Each nominee shall be registered and reside in NL
d)Nomination forms must be signed by the nominee indicating that he or she is willing to allow their name to be placed on the ballot
e)Nomination forms must be returned to the Returning Officer (Secretary-Registrar or Executive Director) at least sixty (60) days prior to the Annual General Meeting of the Board by mail or electronic means
Voting Procedure [revised November 2019]
31.Voting shall proceed as follows:
a)Voting for Board members shall be in the form of sealed, mail-in, secret ballot or by electronic voting when available
b)Ballots shall be mailed by post or by electronic means to Registered Dispensing Opticians at least thirty (30) days prior to the Annual General Meeting.
c)Completed original ballots must be in the hands of the Returning Officer no less than two (2) days prior to the Annual General Meeting of the Board.
d)Ballots shall be opened in the presence of, and tabulated by, a committee of scrutineers, appointed by the Board under the direction of the Returning Officer (Secretary-Registrar)
e)The five nominees receiving the most votes will make up the initial elected members of the Board
I.The nominee with the most votes shall hold office for the full three (3) year term
II.The next two nominees with the most votes shall hold office for two (2) years
III.The remaining two nominees will hold office for one (1) year
f)The results of the election shall be announced during the Annual General Meeting of the Board
g)If in the event of a tie vote, the Registered Dispensing Opticians who are in attendance at the Annual General Meeting shall cast the deciding votes.
h)In the following years, the elections will be cyclic in nature
I.In 2007, two positions will be open for nomination and the term of office shall be for a period of three (3) years.
II.In 2008, two (2) positions will be open for nomination and the term of office shall be for three (3) years.
III.In 2009, one position will be open for nomination and the term of office shall be for three (3) years.
IV.If a position becomes vacant, the remaining members of the Board may appoint a non-elected Registered Dispensing Optician to complete the term of office pursuant to Section 15 of theses
Bylaws and / or offer the position up for nomination in the year the position was vacated for the remaining term of office
General Meetings and Special Meetings
32.General Meetings of The Dispensing Opticians Board may be called from time to time as determined by the Executive Committee and must be convened at least once in each fiscal year.
33.The Chairperson upon receipt of a petition signed by at least one-third of the Voting Registrants having stated the purpose of the meeting will convene a Special Meeting of the Board to be held within 60 days of receiving the petition
34.The Executive Committee will determine where such meeting will be held
35.Notice of all such Special Meetings shall be delivered to each Registered Dispensing Optician not less than thirty (30) days before the meeting is to take place by the most expedited means possible
36.A statutory declaration of the Chairperson that notice has been given pursuant to this By-law shall be sufficient and conclusive evidence of the giving of such notice
37.A printed, written or typewritten notice, or an electronic mail notice, stating the day, hour and place of meeting and the general nature of the business to be transacted shall be served, to each Registered Dispensing Optician entitled to notice of such meetings. The notice shall be forwarded through the post in a prepaid wrapper, a letter or an electronic mail notice at least 30 days before the date of every meeting, and shall be directed to such address as appears on the registry of the Board
38.The accidental omission to give notice to any meeting, or the non-receipt of any notice by any Registered Dispensing Optician shall not invalidate any resolution passed or any proceedings taken at any meeting of the Board
39.Notice of any meeting of the Board shall contain sufficient information concerning such business to be transacted to permit the member to form a reasoned judgement on actions to be taken
40.Every motion submitted to any meeting of the Board may be passed by two-thirds (2/3) of the votes cast by Registered Dispensing Opticians, unless the issue must be decided by special resolution. In the event of a tie, the motion is lost. At Board meetings, questions will be decided by a show of hands unless a poll is demanded
41.A motion in writing signed by two-thirds (2/3) of the Registered Dispensing Opticians without their meeting together is as valid as if it had been passed at a regular meeting
42.A declaration by the Chairperson of the meeting that a resolution has been carried and an entry to that effect in the minutes shall be admissible in evidence as prima facie proof of the fact without proof of the number of proportion of the votes recorded in favour of or against such resolution
Quorum
43.A quorum for the transaction of business at any meeting of the Board shall consist of not less than one quarter (1/4) of the total Registered Dispensing Opticians [amended Nov 18, 2007]
44.At any meeting of the Board, a proxy duly and sufficiently appointed by a Registered Dispensing Optician shall be entitled to exercise, subject to any restrictions expressed in the instrument appointing such proxy, the same voting rights that the Voting Registrant appointing him or her would be entitled to exercise if present at the meeting. A proxy holder must be a Voting Registrant entitled to attend and vote in his/her own right. Proxies held by the Voting Registrant count in assessing a quorum
License to Practice [revised October 27, 2013]
45.All Dispensing Opticians must be entered into the Registry to be licensed to practice by complying with the following:
a)Have obtained a Completion Certificate in program of study that is approved by the Board and has passed the Board approved practical skills examination for entry level practice of dispensing eye-wear
b)And / or have be entered into The Dispensing Opticians Board of Newfoundland and Labrador registry of Dispensing Opticians prior to the enactment date of this ACT: December 13, 2005
c)Or is an applicant that has current registration in one of the Provinces of Canada that has reciprocal licensing agreements with Newfoundland and Labrador, and
I. Has a fluent understanding of the English language and,
II.Has completed the application for Out of Province application and submitted it with processing fee as prescribed by the Board, and
III.Is or intends to reside and work for the majority of their residence within the Province of Newfoundland and Labrador, or
IV.If applying for a temporary permit to work as a Dispensing Optician and/or Contact Lens Fitter complies with items 1, 2. Permit may be granted for a specified period of time at the discretion of the Board
d)Pay the prescribed fee for their professional designation by June 30th in any year and include
Current Criminal /Vulnerable police record Clearance Certificate for all new applicants and new registrants effective January 1, 2014
Proof of maintaining quality assurance in the profession through Continuing Education and
Provide proof of membership in the provincial professional association for Opticians (Newfoundland Guild of Dispensing Opticians) that provides Professional Liability Insurance (PLI) to its members
Provide proof of PLI for period January 1-December 31 effective January 1, 2014
Minimum of $1million dollar policy for Dispensing Opticians
Minimum of $3million dollar policy for Contact Lens Fitters
e)Candidates for License who are Non-Residents of Canada and/or are Non-Canadian may apply for registration to the Board as Dispensing Opticians. They must have valid working visa and complete an application form prescribed by the Board and submit with the application form a processing fee to open a file to process their request. Once approved, these persons must comply with item 45 d) of these By-laws
Student Status [revised October 27, 2013] [revised Nov 2019]
46.All entry level students must be entered into the Student Registry and comply with the following
a)Have met academic prerequisites of high school graduation or equivalent
b)Have secured supervision with a Board approved Registered Dispensing Optician or Registered Optometrist who have been in active in clinical practice for a minimum of 12 months… effective June 30, 2020
c)Make application to the Board a minimum of 60 days prior to enrolment date for the approved program and include passport size photo, complete the application forms and the processing fee prescribed by the Board
d)Is a resident of Canada or holds valid visa permit to study/work in Canada.
e)provide current ( within 3 months) Criminal /Vulnerable Sector clearance certificate
f)Once approved the student pays a student permit fee prescribed by the Board
g)The student must enrol into program of study that has received national accreditation from National Accreditation Committee of Optician Regulators (NACOR) and / or Accreditation Canada and is approved by the Board
47.Advanced level students are Registered Dispensing Opticians who wish to pursue study in Contact Lenses and or other disciplines that are within the scope of the profession must be entered into the Student Registry and comply with the following
a)Are registered with the Dispensing Opticians Board of Newfoundland and Labrador as a Dispensing Optician in the year in which application for Student Status is made
b)Have secured supervision with a Board approved Registered, Licensed Certified Contact Lens Fitter and/ or a Registered Optometrist who have been active in clinical practice fitting and
dispensing contact lenses within the past 12 months. Effective January 2020. [persons granted approval prior to 2020 will keep their status.as supervising CLF]
c)Make application to the Board a minimum of 60 days prior to enrolment date and include application processing fee as prescribed by the Board effective January 1, 2014
d)Once approved, the advanced level student pays an annual student permit fee prescribed by the Board
e)The advance level student for contact lenses must enrol into a program of study that has NACOR accreditation and or Accreditation Canada and is approved by the Board
Reinstatement of Lapsed License [revised Nov 2019]
48.After 36 months or more (registered, Licensed but not active in clinical practice] or if a Dispensing Optician has not been registered for three (3) or more years their license is considered lapsed. The procedure for reinstatement is as follows:
a)Apply in writing to the Board requesting reinstatement; if accepted, the applicant will be granted special conditional status, meaning the person is not licensed and must be under direct supervision when dispensing to the public.
b)Submit the prescribed annual fee to be for conditional status.
c)Provide criminal / vulnerable sector certificate clearance
d)Provide a passport size photo
e)Complete an assessment process as directed by the Board.
If successful, the applicant may apply for registration. If not,
f)Completion of course for up-grading their competencies proficiency skills as directed by the Board
g)Completion and submission of log-book fittings under direct supervision from a Board approved supervisor as prescribed by the Board
h)Submit Record of Employment/Supervision
i)Successfully complete a Practical Skills Assessment as directed by the Board
[Note: This is a one-time only opportunity. If the applicant is not successful in either the up-grade course or the practical skills assessment, the applicant will be directed to comply with section 46 of these By-laws
Graduate Students
49.Graduates who have obtained their completion certificate in their Dispensing Optician or Contact Lens training programs approved by the Board will have a thirty-six (36) month time frame in which to challenge the Board’s licensing examinations. If the lapse of time from graduation to attempting licensing examination is greater than thirty-six (36) months, the candidate will have to be re-entered into the student registry, be supervised by a licensed Dispensing Optician approved by the Board and submit log-book fittings prescribed by the Board for a minimum period of three (3) months or greater as determined by the Board. Completion of the directives set by the Board must be met at least thirty (30) days prior to the candidate applying for licensing examinations. The Board may grant the candidate permission to take licensing examinations after verifying the log-book fittings and Record of Employment / Supervision.
Registration records
50.The Secretary-Registrar shall establish and maintain the following registers:
a)An annual register of registered Dispensing Opticians
b)An annual register of students
c)An annual register of optical retail outlets and of the person who manages that outlet
51.The annual register of Dispensing Opticians shall contain each registered optician’s:
a)Proper name
b)Home address
c)Place of employment
d)Category of registration
e)Date of birth
f)Gender
g)Registration number
52.The annual register of optician students shall contain each student’s:
a)Proper name
b)Mailing address
c)Home address
d)Expected year of graduation
e)Date of birth
f)Gender
g)Program of study
h)Approved supervisor’s name and registration number
i)Place of employment / supervision
53.The annual register of Optical retail outlets shall contain each outlet’s:
a)business name
b)corporate name
c)mailing address
d)optician in charge
e)other employed opticians and students
f)name and address of the owner and/or partners
54.A Dispensing Optician who intends to change his or her place of employment for more than 30 consecutive days shall notify the Secretary-Registrar in writing 7 days before such change takes place
Standards of Practice
55.All Registered Dispensing Opticians must comply with the Standards of Practice as prescribed by the Board and if found to be non-compliant may be subject to disciplinary action
56.Pursuant to Sections 12 to 29 the Board will perform its duties as described in the ACT and
i.Appoint a Complaints Authorization Committee
ii.Appoint a Disciplinary Panel
Addition to Bylaws Nov 2019
Professional Misconduct
57.Professional misconduct includes sexual misconduct.
58.Sexual misconduct is defined as any incident or repeated incidents of objectionable or unwelcome conduct, behavior, or remarks of a sexual nature by a registrant who knows will or would cause offence or humiliation to the patient or adversely affect the patient’s health and well being, but does not include sexual abuse.
58.Sexual misconduct is defined as any incident or repeated incidents of objectionable or unwelcome conduct, behavior, or remarks of a sexual nature by a registrant who knows will or would cause offence or humiliation to the patient or adversely affect the patient’s health and well being, but does not include sexual abuse.
59.Professional misconduct for the purpose of consideration of a complaint and the institution of disciplinary proceedings includes but is not limited to:
a)Failure to abide by the terms, conditions or limitations of a licence
b)Practising Opticianry while not covered by a policy of professional liability insurance
c)Providing false or misleading information to the Secretary-Registrar about his or her professional liability insurance coverage; or failing to notify the Registrar of the cancellation or
expiry of his or her professional liability insurance;
d)Failing to pay the appropriate fee to practice opticianry
e)Announcing or holding out by a registered member that the member has special qualifications that are not in fact possessed by the member
f)Falsifying a record in respect of a prescription or sale of an optical appliance
g)Sharing fees or receiving fees with a person who has referred a client to a Dispensing Optician or to an optical retail outlet
h)Knowingly submitting a false or misleading account or false or misleading charge for an optical appliance
i)Failing to fulfil the terms of an agreement with a person as to the charge of providing a service to that person.
j)Acting as an optician while the ability to perform an action as an optician is impaired by alcohol or by a drug
k)Knowingly permitting the premises in which the optical is located to be used for unlawful purposes
l)Failing to maintain the records that are required to be kept respecting clients (minimum 6 years)
Failing to retain invoices that are relative to the client’s record of services (minimum of 6 years)
m)Failing to maintain the standards of the profession
n)Refusing to allow an appointed person to enter at a reasonable time the optical outlet in which the member is engaged in the practice of Opticianry for the purpose of an inspection
o)Failure to report incidents of unauthorized practice or use of title to the Registrar of the Board
p)Failure to report incidents of unprofessional, unsafe, unethical behaviors to appropriate persons (manager, supervisor, regulatory body)
Removal from the Registry
A registrant may be removed from the registry if any of the following occur:
1.: Registrant is in contravention of the ACT, the Regulations or these Bylaws
2. The registrant resigns in writing or ceases to hold license to practice, or becomes incapacitated or dies
3. The registrant’s permit is suspended or cancelled subject to the ACT, Regulations
4. The registrant is convicted of an indictable offence
5. If the registrant ceases to hold license to practice
Advertising
61.An advertisement with respect to a registrant’s practice or place of practice must not contain
i.Anything that is false or misleading;
ii.Anything that, because of its nature, cannot be verified;
iii.A claim of specialization, if the registrant does not hold speciality certificate issued by the Board; or
iv.The registrant’s name or photograph or other likeness, in an advertisement that implies or could reasonably interpreted to imply that the professional expertise of the registrant is relevant to the subject matter of the advertisement, if it is not.
62.The Registrar may add or remove information on any entry or error made into the register of the Board; a registrant may request changes of incomplete or inaccurate information by submitting request to the Registrar
63.. Members of the public may request information on the register respecting a named registrant and the Board must provide the following information:
No other information recorded on any Board’s register may be disclosed without the individual’s consent to the disclosure, except required by the ACT or other legislation.
CODE OF ETHICS
Addition to By-Laws Nov 26, 2023
1. General
2. Duty to the public
3. Duty to clients
4. Duty to the profession
5. Duty to colleagues
CODE OF ETHICS
General
(1) To uphold and advance the honour and dignity of the profession and its high standards of ethical conduct, registrants must
(a) be honest and impartial in serving their clients, the public, and their profession,
(b) strive to increase the competence and prestige of their profession,
(c) use their knowledge and skill to improve the health and well-being of their clients and the public, and
(d) respect the dignity and professional status of, and professional relationships with, their colleagues.
(2) Every registrant is charged with the duty to uphold the honour and dignity of the profession of Opticianry and to adhere strictly to the principles set forth in this code.
(3) The profession is given the privilege of self-governance under the Dispensing Opticians Act and, accordingly, registrants must understand the Act, the regulations, and the bylaws and must strictly observe or perform their duties and obligations thereunder.
Duty to the public
(1) The duty of registrants to the public includes
(a) educating the public in the promotion of ophthalmic health, but presentations for such purposes must be in accordance with generally accepted professional standards and must not contravene these bylaws with respect to marketing of professional services,
(b) providing leadership in community activities whose purpose is to improve the health and well-being of the individual and the community,
(c) publicizing any advance or discovery in any branch of optical science in journals and professional publications, and
(d) not making any statement or declaration or sign any certificate or any other document, or induce or permit a client to sign any certificate or document which they know or ought to know to be untrue, misleading, or otherwise improper.
Duty to clients
(1) The duty of registrants to clients includes
(a) maintaining client confidentiality except as may be necessary to divulge such information in order to protect the welfare of the individual or the community, or as may be required by law, or under the Act or bylaws or in connection with investigations or except to the extent the client has expressly agreed that the registrant may release specific information,
(b) consulting and providing treatment to any member of the public or, if they are unavailable, to make alternative arrangements,
(c) maintaining their knowledge of opticianry current, and
(d) rendering treatment only in accordance with current generally accepted professional standards,
(e) Registrants may treat clients only when they are qualified by training or experience to carry out the treatment plan. Registrants must always be willing to check their diagnosis, treatment, and prognosis by consultation with fellow practitioners or specialists in the field of opticianry or medicine pertaining to the case under consideration. Registrants should be willing to refer a client when advisable.
(f) Registrants must protect the health of their clients at all times by not delegating or referring any duty or procedure to a person who is not qualified to perform such duty or procedure by skill and training, or by licensure if required under the Act, the regulations, or bylaws, and by not condoning or being a party to such delegations or referrals. Registrants must ensure that the actions of all personnel within their employ or control comply with the Act, the regulations and the bylaws.
(g) Registrants must keep adequate records of their clinical findings, diagnosis and treatment with respect to each of their clients. When a registrant who is presently treating a client requests records from another registrant who has formerly treated the client, the registrant must make copies of those records available to the attending registrant only where the client has instructed that the records be transmitted and has given his or her consent for their release.
Duty to the profession
The duty of registrants to the profession includes the duty
(a) to support the advancement of the profession through local, provincial, and national associations, societies, and
(b) not to warrant or guarantee the success of care or treatment, but to provide the highest standard of care and accept full responsibility for treatment.
Duty to colleagues
(1) Registrants should not
(a) comment or pass judgment on the qualifications of, or procedures rendered by, other registrants unless
(i) such comment is in the best interests of the client’s health and well-being,
(ii) the registrant has a duty to file a report with the registrar in accordance with Act and
(iii) the registrant has been subpoenaed as a witness and is testifying under oath,
(b) compete for clients or professional services by methods which would adversely affect the honour, dignity, or credibility of the profession, or
(c) compare their professional competence to that of other registrants.
(2) In the event of a consultation request, registrants should render only the treatment which was specifically requested.