Denturists Lawyer
In the province of Ontario, the practice of denturism is overseen and regulated by the College of Denturists of Ontario (CDO). The CDO is a governing body strictly committed to protecting the public by ensuring that all denturists meet specific professional standards. Only individuals who are registered with the CDO are legally entitled to practice the profession of denturism and use titles such as ‘denturist,’ ‘DD,’ or ‘registered denturist.’
The CDO’s responsibilities are extensive. They include establishing educational requirements for entering the field, providing Certificates of Registration to qualified individuals, and ensuring that practicing denturists uphold the requisite professional standards through ongoing education and quality assurance procedures. Furthermore, the CDO defines the Standards of Practice, Code of Ethics, and Bylaws that denturists must follow, all while guided by regulations such as the Denturism Act, 1991, the Regulated Health Professions Act, 1991, and the Personal Health Information Protection Act, 2004.
When a patient or another member of the public is under the belief that a denturist has not met their professional obligations and responsibilities, this member of the public might opt to lodge a formal complaint with the CDO. Complaints can be made in a variety of forms, including writing, email, and even audio or video recordings.
It is important to include specific details such as the name of the denturist, the nature of the complaint, and any relevant supporting documents.
Upon receiving a complaint, the CDO will notify the denturist involved and allow them 30 days to respond. The complaint is then reviewed by the CDO’s Inquiries, Complaints, and Reports Committee (ICRC), which may take up to 150 days to reach a decision. Decisions and outcome might range from taking no further action to referring the case to the Discipline Committee for a formal hearing.
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What Happens if a Denturist Faces a Discipline Hearing?
If the ICRC decides that the complaint involves serious allegations such as professional misconduct or incompetence, the case is forwarded to the Discipline Committee. This committee conducts a formal hearing that might be seen as analogous to a court proceeding. In this formal hearing, evidence is presented, witnesses are cross-examined, and both sides of the story are heard. Based on the findings, the Committee will decide whether the denturist has committed any misconduct and what penalties, if any, are applicable.
How are Denturists Evaluated for Fitness to Practice?
When a denturist’s mental or physical health is put into question, an ICRC expert panel checks to see if the denturist is suitable to practice safely. This could include asking medical documents or forcing the denturist to get a health exam. If the panel determines that the denturist poses a risk, they may impose limitations on the denturist’s capacity to practice or send the issue to the Fitness to Practice Committee for further action.
What Constitutes Professional Misconduct?
Professional misconduct can result from a variety of actions or omissions, including failing to uphold professional standards, abusing a client, practicing while incapacitated or under the influence of illicit substances, or charging exorbitant and unreasonable fees. When a denturist is found guilty of professional misconduct, they may face serious consequences such as suspension or revocation of their Certificate of Registration, fines, and required education programs.
Professional Regulation in Canada
What Rights Do Patients Have?
Patients treated by denturists in Ontario have a number of rights, including the right to be fully informed about their treatment, the ability to consent or withdraw consent at any time they wish, the right to confidentiality of their health information, and the right to file a complaint with the CDO if they believe they have been treated in an unfair or otherwise unacceptable manner.
How is the Quality of Denturists’ Practice Ensured?
The CDO has a rigorous Quality Assurance mechanism in place to ensure that all denturists complied to high professional standards. This includes continuous professional development and learning, self-evaluation, and regular peer and practice assessments to ensure that denturists continue to deliver safe and effective care to their patients.
Denturists are better able to confidently handle their professional duties and provide the best degree of care to their patients when they fully understand the processes and the resources accessible to them. Our firm is ready to help denturists every step of the way, from defending allegations to assuring compliance with professional standards. Contact us today to find out more about how we can help you.
Understanding Workplace Investigations
Ways for Denturists to Ensure Compliance with Regulatory Standards
Denturists can best ensure regulatory compliance by staying up-to-date on the newest guidelines established by the College of Denturists of Ontario (CDO). Key tactics include regular continuing education, rigorous adherence to the stated area of practice, and transparent and ethical contact with patients. Denturists should also keep extensive records and seek legal representation when confronted with potential disciplinary procedures to protect their practice and reputation.
Avoiding Common Pitfalls
Denturists should avoid extending and practicing beyond their scope of practice. Moreover, denturists should ensure to keep comprehensive and detailed records, and to obtain ongoing informed consent before and during treatment.
Miscommunication with patients and improper billing methods might also result in complaints, so it is important to be vigilant against this. Regular self-assessment and adherence to the College of Denturists of Ontario’s recommendations are required to prevent these risks that might subject a denturist to regulatory disciplinary action.
Relevant Cases
Chen v. The College of Denturists of Ontario, 2017 ONSC 530
Here, Y.C. appealed the revocation of his denturism license following findings of severe professional misconduct. The Discipline Committee found Y.C. guilty of performing dental services beyond his authorized scope, including on vulnerable children, leading to complications like infections. Additionally, Y.C. submitted hundreds of fraudulent insurance claims using two dentists’ identities without their knowledge, totaling a value over $91,000.
The Committee considered these actions to be egregious, showing a blatant disregard for patient care. Despite Y.C. presenting mitigating factors, the Committee found revocation to be the only reasonable penalty due to the gravity of the misconduct. The Committee also ordered Y.C. to pay $70,000 in costs, representing 55% of the College’s expenses.
On appeal, the Court confirmed the Committee’s judgments, concluding that revocation was justifiable and the cost order reasonable. Y.C.’s appeal was dismissed, and he was had to pay an extra $10,000 in appeal expenses. The case emphasizes the importance of strictly enforcing professional standards to ensure public safety.
D.U. v E.K., 2019 CanLII 26477 (ON HPARB)
D.U., a patient, filed a complaint against E.K., a denturist, which was reviewed by the Health Professions Appeal and Review Board. The complaint focused on the patient’s improper dismissal and the issuance of a refund cheque, which E.K. later cancelled. The Committee judged the inquiry satisfactory and opted to give formal warning to E.K. rather than refer the case to the Discipline Committee, emphasizing that this was a one-time incident with no prior history of wrongdoing. The Board upheld the Committee’s conclusion, highlighting the significance of professional conduct.
E.J. v D.S., 2017 CanLII 50785 (ON HPARB)
The Health Professions Appeal and Review Board confirmed the College of Denturists of Ontario’s Inquiries, Complaints, and Reports Committee’s decision not to take further action on E.J.’s complaint. The complaint said that D.S. oversaw the production of badly fitted dentures, advocated unneeded dental work, and acted unprofessionally. After evaluating the facts and arguments, the Board determined that the Committee’s inquiry and decision were reasonable and adequate.