College of Denturists of Ontario Defence Lawyers

Each province in Canada is responsible for regulating the professionals working within that province. In Ontario, the College of Denturists’ aim is to protect and serve the public through the regulation of its professionals. Because the practice of denturism is a regulated practice, only those who are registered with the College of Denturists of Ontario may legally practice denturism and use the title of ‘denturist,’ ‘DD,’ or ‘registered denturist.’ The College of Denturists’ main roles are to set the education and qualifications necessary for practice, issue Certificates of Registration enabling those who have met the relevant standards to practice the profession, set conditions that allow denturists to remain qualified, set up and develop a Quality Assurance program that helps members develop and grow their knowledge and skills, and develop standards of practice.

Denturists are regulated by the College’s Bylaws, Code of Ethics, Standards of Practice and various legislations and the regulations made under them. Some of the legislations include: the Denturism Act, 1991 and the regulations made under it, the Regulated Health Professions Act, 1991, and the Personal Health Information Protection Act, 2004. These rules and legislations will be discussed in further detail in later sections. As one of the College’s main responsibilities is to address concerns about denturists, the College also accepts formal complaints and investigates as necessary. If any professional misconduct is discovered, the College will also be the regulating body responsible for punishing the offending denturist by holding disciplinary hearings and imposing penalties where necessary.

Denturists must abide the College’s bylaws, Code of Ethics and Standards of Practice. They are also regulated by various legislations and the regulations made under them. Some of the legislations include: the Denturism Act, 1991, the Regulated Health Professions Act, 1991 and Personal Health Information Protection Act, 2004. The Denturism Act, 1991 defines practice of denturism, the scope of practice available under it, and the composition and functions of the  College’s Council. The Regulated Health Professions Act, 1991 sets out standards and regulations of practice applicable to all regulated health professionals in Ontario, and as such, denturists as well. Denturists in Ontario must also comply with the Personal Health Information Protection Act, 2004 which establishes the rules surrounding the collection, use and disclosure of health information and the requirement for health professionals to maintain confidentiality.

Legal Information

Frequently Asked Questions

The Complaint Process?
What Happens When a Complaint is Filed?
What Happens at a Discipline Hearing?
What Happens if a Denturist is Unfit to Practice?
What Types of Acts or Omissions Give Rise to Professional Misconduct?
What Penalties can a Denturist Face as a Result of a Complaint?
How to Defend a Formal Complaint made to the College of Denturists of Ontario?
Can a Denturist Appeal a Decision by the Discipline Committee?
When Must an Employer/Facility Make a Report to the College of Denturists of Ontario?
When Must a Denturist Self-Report to the College of Denturists of Ontario?
What Rights Do Patients Have?
Quality Assurance of Denturists

The Complaint Process

Denturists, like any other professionals, owe a duty of care to their clients. Failure to discharge this duty of care may result in a formal complaint being filed with the College of Denturists of Ontario. Anyone can raise a complaint about a denturist. Formal complaints can be filed with the College directly through writing, e-mail, surface mail, audio, videotape or recording. The complaint should include: the name of the denturist, a clear statement that  a  complaint is being submitted, detailed description of the events and concerns (such as the type of complaint being lodged), the type of denture that had been provided, the names of any other denturist or health care professional who have consulted the complainant, persons who may have information regarding the complaint and any relevant supporting documents. There is no time limit on when a complaint may be filed. 

What Happens When a Complaint is Filed?

Once the College of Denturists of Ontario has received a formal complaint, notice of receipt will be mailed to the complainant, and the College will forward a copy of the complaint to the denturist, who will then have 30 days to submit a written response. The complainant will also be provided a chance to the respond to the denturist’s reply. The name of the complainant and the nature of the complaint will be available to the denturist, unless doing so would put the complainant at risk.  The complaint will be handled by the College’s Inquiries, Complaints and Reports Committee (ICRC), comprised of members of the profession and members of the public. The complaint will be reviewed by the College itself, or through an appointed investigator and will look at written submissions from the complainant and the denturist, as well as other denturists and/or  health care professionals who have treated or consulted on the complainant’s treatment. The investigator may also request the medical records and any other relevant documents needed, or engage an expert if they deem necessary. After deliberation, the ICRC will come to a decision. It may take up to 150 days for a decision to be handed down and the ICRC may make the following decisions:

  • Take no further action
  • Provide written advice to the denturist
  • Provide an oral caution to the denturist
  • Require the denturist to complete a specified continuing education or remediation program
  • Refer the denturist to another panel of the ICRC for further investigation if they are incapacitated (suffering from a mental health or physical condition that may interfere with the ability to practice safely)
  • Refer the allegation to the Discipline Committee
  • Order the denturist to appear before the panel to be cautioned

The ICRC does not have authority to order refunds or direct the denturist to compensate the complainant. When a decision has been made, the panel will write to the denturist and the complainant with their decision. If the complainant or denturist is unsatisfied with the decision, either party may request a review. The review will be overseen by the Health Professions Appeal and Review Board of Ontario. However, where the ICRC’s decision is to refer the case to the Discipline Committee or the Fitness to Practice Committee, it cannot be appealed.

It is important to note that a finding of professional misconduct can have very serious implications on a denturist’s ability to practice. Once a denturist becomes aware that a complaint has been filed, they are advised to contact qualified legal counsel as soon as possible. All members of the College of Denturists of Ontario are entitled to have legal counsel present during all stages of the complaint process. Our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will take place. This will usually occur where a denturist has committed an act of professional misconduct or is alleged to be incompetent. A formal hearing before the Committee functions very much like a legal proceeding and will include written and oral submissions, as well as cross examinations from witnesses and expert witnesses. After a full hearing, the Committee will come to a decision about the complaint. If you are in need of legal counsel for this process, Our Firm can help guide you to ensure you receive the best possible outcome in your case.

What Happens if a Denturist is Unfit to Practice?

Where there has been a complaint that a denturist is suffering from a mental or physical condition that affects their ability to practice the profession safely or effectively, a special panel of the ICRC will launch an investigation. During the investigation, the panel may request for the denturist’s health information or request that the denturist undergo a physical/ mental exam. The denturist will also be provided a chance to submit a written response to the allegation of incapacity. After investigation, the ICRC may make an agreement with the denturist that requires the denturist to participate in a treatment program and be subject on-the-job monitoring. Alternatively, the ICRC may also refer the case to the Fitness to Practice Committee for a hearing if the denturist poses a serious risk to patients and clients. The denturist’s Certificate may be suspended or limited pending the hearing. If the Committee finds the denturist to be incapacitated, they may:

  • Revoke the Certificate of Registration
  • Suspend the Certificate of Registration until the denturist is recovered
  • Impose terms, conditions or limitations on a Certificate of Registration for a specified/indefinite period

A denturist may appeal the decision to Divisional Court of Ontario or ask the Committee to alter any terms, limitations or conditions imposed where the denturist’s circumstances have changed. After 1 year has passed since a denturist’s Certificate of Registration was revoked or suspended, they may ask the Committee for reinstatement. Denturists are entitled to representation during the hearing. Thus, if you are in need of legal counsel for this process, Our Firm can help guide you to ensure you receive the best possible outcome in your case.

What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints? 

There are many different reasons why a client may wish to file a formal complaint against a denturist. Some examples include:

  • Failing to maintain the standards of the profession
  • Abusing a client
  • Practicing the profession while under the influence of any substance, or while suffering from illness or other dysfunction which the denturist knows or ought to known impairs their ability to practice
  • Discontinuing professional services that are needed unless the client consents or alternative services are available
  • Practicing the profession while the denturist is in a conflict of interest
  • Failing to provide a truthful, understandable and appropriate explanation of the nature of an assessment, intervention, or other service following a client’s request for an explanation
  • Charging excessive fees

What Penalties Can a Denturist Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the ICRC may take, including: providing written advice to the denturist, providing an oral caution to the denturist, requiring the denturist to complete a specified continuing education or remediation program, referring the denturist to another panel of the ICRC for further investigation if they are incapacitated, referring the allegation to the Discipline Committee, or ordering the denturist to appear before the panel to be cautioned.

If the complaint is referred to the Discipline Committee and a finding has been made, the panel may: revoke the denturist’s Certificate of Registration of for up 5 years, suspend the Certificate of Registration, place terms, conditions and/or limitations on the Certificate of Registration, order the denturist to pay a fine up to $35,000, require the denturist to appeal before the panel to be reprimanded in person, or require the denturist to pay the College costs incurred for legal, investigative, and other related costs.

How to Defend a Formal Complaint Made to the College of Denturists of Ontario

The best defence for a denturist facing a complaint will depend on the allegations made and the circumstances of the case. It is important to contact qualified legal counsel as soon as possible upon receiving notice that a formal complaint has been filed. In some cases, the allegations will be unfounded, or will not amount to professional misconduct. If that is the case, a denturist may contend that they have not violated any of the rules or regulations governing the practice of denturism in Ontario. If a more detailed response is needed, one way to defend an allegation of misconduct is to argue that the denturist properly adhered to the duty of care required and has not committed any acts that violate the legislation, rules and regulations that govern the profession in Ontario. In any case, the most ideal plan of defence is to contact qualified legal counsel as soon as possible to assist in drafting a response to the particular complaint that has been filed. Our firm can help guide you through this process to ensure you receive the best possible outcome in your case.

Can a Denturist Appeal a Decision by the Discipline Committee?

A denturist may appeal a decision to the Division Court of Ontario. If a Denturist’s Certificate was revoked or suspended, they may apply for a reinstatement after a period of 1 year. If this application is unsuccessful, they may apply again in 6 months. However, if the Certificate was revoked due to a finding of sexual abuse, an application to be reinstated may not be made until 5 years have lapsed.

When Must an Employer/Facility Make a Report to the College of Denturists of Ontario?

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ denturists make a mandatory report to the College of Denturists of Ontario where:

  • There is reasonable belief that the denturist has sexually abused a client
  • There is reasonable belief that the denturist is incompetent or incapacitated
  • The denturist’s employment has been terminated or privileges have been revoked, suspended or limited
  • The denturist has resigned, terminated or limited their practice due to professional misconduct, incompetence or incapacity.
  • A partnership, corporation or association with a denturist has been terminated due to issues related to professional misconduct, incompetence or incapacity

Employers or the Facility must make a report to the College of Denturists of Ontario within 30 days of the incident, even if the denturist has already resigned. However, if there is reason to believe that the denturist will continue to commit sexual assault or that their incompetence/incapacity to expose patients to harm, a report must be made immediately.

When Must a Denturist Self-Report to the College of Denturists of Ontario?

The Regulated Health Professions Act, 1991 mandates that self-reporting is a legal requirement for all denturists. A denturist must self-report to the College of Denturists of Ontario where:

  • They have been found guilty of an offence
  • They have been found guilty of professional misconduct, incompetency, incapacity for any profession in Ontario or for a professional similar to denturism in any jurisdiction
  • They are subject to a proceeding for professional misconduct, incompetency, incompetence or similar conduct for any profession in Ontario or any other jurisdiction.

The self-report should be filed, in writing, with the College within 15 days of becoming aware of the above circumstances.

What Rights Do Patients Have?  

Patients have the right to: be aware of what the denturist is recommending, including: the nature and the purpose of the treatment, the intended outcomes and possible side effects of the treatment, the risks and benefits of the treatment, any other reasonable alternatives, ask questions, refuse or stop treatment, consent and withdraw consent, ensure personal health information is confidential, obtain second opinion from another health professional, express concerns about the service, file a complaint with the College of Denturists, be free of mental, physical, sexual and financial abuse, be entitled to professional care, receive clear explanations for the services to be received and who will be providing them, and have access to personal health, dental records

Quality Assurance of Denturists

The College of Denturists of Ontario maintains a Quality Assurance program in which the College will ensure that denturists are able to meet the standards of practice required by the College through various educational and professional development programs. Denturists are required to self-assess, and retain proof of participation in ongoing developmental, educational programs and may be subject to annual random Peer and Practice Assessments.

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