College of Dental Technologits of Ontario Defence Lawyers

Dental Technologists, like many other professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province will regulate their professionals in their own way.

Each province in Canada is responsible for regulating the professionals working within that province. In Ontario, the College of Dental Technologists is the regulatory body that regulates the practice of dental technology and strives to protect public interest by ensuring dental technologists are able to offer competent care and practice accountability. Dental technology entails the practice of designing, constructing, repairing or altering dental prosthetic, restorative and orthodontic devices.

As dental technology is a practice regulated under the Regulated Health Professions Act, 1991, only registered dental technologists who are registered with the College, holing a General Certificate of Registration, a dentist, or a person supervised by a Registered Dental Technologist, or a dentist, may practice dental technology.

Some functions of the College of Dental Technologists of Ontario include: establishing the requirements for entry into the profession, ensuring that dental technologists attend continuing development and educational programs to ensure competence, establishing the relevant standards of practice for care that must be followed by all its members, maintaining a public register to provide the public with information regarding all current and former members of the College, and holding members accountable for meeting professional standards, including investigating and addressing complaints filed against any dental technologists. The College is also governed  by a Council comprised of both dental technologists as well as members of the public, whose role is to represent the interest and will of the public.

Dental technologists in Ontario are regulated by the Regulated Health Professions Act, 1991, the Dental Technology Act, 1991, and must abide by the College’s own bylaws. The Regulated Health Professions Act, 1991 regulates all regulated health professions in Ontario, and is thus applicable to dental technologists as well.  The Dental Technology Act, 1991 lays out the governing rules of the College of Dental Technologists of Ontario, regulations required for its registration and examination policies, as well as defining acts that would be considered professional misconduct.

Legal Information

Frequently Asked Questions

Who Cannot Practice Dental Technology?
The Complaint Process
What Happens when a Complaint is Filed?
Can a Complainant/Dental Technologist Appeal the ICRC’s Decision?
How Long Does it Take for a Complaint to be Processed?
What Happens at a Discipline Hearing?
What Happens if the ICRC finds the Dental Technoligst to be Incapacitated or Unfit to Practice?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties Can a Dental Technologist Face as a Result of a Complaint?
When Must an Employer/Facility Make a Report to the College?
When Must a Dental Technologist Self-Report to the College?
Sexual Abuse by a Dental Technologist
Can a Dental Technologist Engage in a Relationship with a Client?

Who Cannot Practice Dental Technology?

In order to be able to practice dental technology in Ontario, an individual must be:

  • A member of the College of Dental Technologists of Ontario with a General Certificate of Registration
  • A member of the Royal College of Dental Surgeons of Ontario
  • Supervised by a member of the College of Dental Technologists of Ontario who has a General Certificate of Registration  or a member of the Royal College of Dental Surgeons of Ontario

The Complaint Process

Dental Technologists, like other regulated professionals, owe a duty of care to their clients. If there is a failure to discharge this duty of care, it could result in a formal complaint being filed with the College of Dental Technologists of Ontario. A formal complaint can be filed with the College through writing, video, audio, computer disk, or any other reported medium. The complaint may be filed with the College by post, through email or fax. Anyone may file a complaint, and there is no time limit on when it must be filed. The complaint should contain as many details as possible regarding the issue of the complaint, as well as any supporting documents that may be relevant to supplement the complaint.

After the College receives the complaint, the dental technologist against whom the complaint is lodged will be given notice of the complaint within 14 days of the College receiving it and will be provided an opportunity for response.

What Happens When a Complaint is Filed?

Once the College of Dental Technologists of Ontario receives the complaint, it will be forwarded to the Inquiries, Complaints and Reports Committee (ICRC) who will review the complaint, investigate as necessary, and come to an appropriate decision. Some actions the ICRC may take include:

  • Taking no further action
  • Requiring the dental technologist to receive caution in person
  • Referring the dental technologist to another panel of the ICRC for an incapacity hearing
  • Referring the complaint or matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence
  • Take any other appropriate actions, as long as they are not inconsistent with the Health Professions Act.

A finding of professional misconduct can have very serious implications on a dental technologist ’s ability to practice. If a dental technologist  becomes aware that a complaint has been filed against them, they should not hesitate to contact qualified legal counsel as soon as possible. Members of the College of Dental Technologists 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.

Can a Complainant/Dental Technologist  Appeal the ICRC’s Decision?

Where the complainant or dental technologist  objects to the findings of the investigation or to the ICRC’s decision, they may request for a review by the Health Professions Appeal and Review Board, which is an independent board appointed by the Government of Ontario. However, where the decision of the ICRC was to refer the matter to the Discipline Committee or to commence incapacity hearings, the decision is unable to be appealed. The application for review of the ICRC’s decision must be made within 30 days of receipt of the decision.

The Board may:

  • Agree with the College’s decision
  • Direct the ICRC to re-examine the case
  • Direct the ICRC to take a specific action, such as referring the dental technologist to the Discipline Committee

Please note, the ICRC cannot be compelled to issue an apology or to provide financial compensations or issue refunds.

How Long Does it Take for a Complaint to be Processed?  

The length of time for which a complaint will need to be processed will vary based on the circumstances and the complexity of the case. Typically, a decision will be rendered within 150 days from the date the complaint is received.

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will then take place. This usually occurs where there are allegations regarding professional misconduct or incompetence, or other complaints of a similarly serious nature.  The discipline hearing will operate similar to a trial and will be conducted by a panel of 3 to 5 members of the discipline committee and 2  public members of the public. During the hearing, the panel will consider all the allegations made, determine the facts of the case, evaluate the evidence presented, determine whether the dental technologist has committed an act of professional misconduct or whether their actions constitute incompetence, and hand down the relevant orders and penalties to be imposed on the dental technologist.

If the Discipline Committee finds that there has been a case of professional misconduct or incompetence, they may:

  • Reprimand the dental technologist
  • Direct the Registrar to impose terms, conditions and/or limitations on the dental technologist ’s ability to practice
  • Direct the Registrar to suspend the dental technologist ’s certificate of registration for a period of time
  • Direct the Registrar to revoke the dental technologist ’s certificate of registration
  • Require the dental technologist to pay a fine of up to $35,000 to the Minister of Finance
  • Require the dental technologist to reimburse the College for therapy funding for a client who was sexually abused by the dental technologist.

An appeal of the decision can be made by way of application to the Superior Court of Justice (Divisional Court of Ontario) within 90 days of the decision being handed down.

What Happens if the ICRC finds the Dental Technologist  to be Incapacitated or Unfit to Practice?

Where the ICRC finds that the dental technologist  may incapacitated or unfit to practice, they may refer the dental technologist  to the Fitness to Practise Committee for an incapacity hearing. This will occur where the ICRC believes the condition is affecting the dental technologist ’s ability to practice the profession safely and that they may pose a risk to the public. The hearing will be overseen by at least 3 members of the Fitness to Practise Committee and at least 1 public member of the Council. If the panel finds the dental technologist to be incapacitated, they may:

  • Direct the Registrar to revoke the dental technologist’s certificate of registration
  • Direct the Registrar to suspend the dental technologist’s certificate of registration
  • Direct the Registrar to impose conditions, terms and limits on the dental technologist’s certificate of registration for a certain period of time

An appeal of the decision can be made by application to the Superior Court of Justice (Divisional Court of Ontario) within 90 days of the decision being handed down.

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 dental technologist. Some examples of incidents that give rise to a complaint may include:

  • Contravening a term, limit or condition that has been imposed on a member’s certificate of registration
  • Failing to maintain the standards of the profession
  • Treating, or attempting to treat a condition that the dental technologist knew, or ought to have known, they did not possess the expertise or competence for
  • Failing to refer a client to a dental practitioner or other medical professional where the client required medical or dental examination
  • Using materials that are not fit for the purpose for which they are used
  • Doing anything to a patient for a preventative, therapeutic, health related purpose without consent
  • Abusing a client
  • Engaging in the practice of dental technology while impaired by a substance
  • Discontinuing services to a patient unless the patients requests so, alternative services are arranged, or the patient is provided a reasonable opportunity arrange alternative services
  • Practising the profession while in a conflict of interest

What Penalties Can a Dental Technologist  Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the ICRC may take, including: requiring the dental technologist  to receive caution in person, referring the dental technologist to another panel of the ICRC for an incapacity hearing, referring the complaint or matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence, or taking any other appropriate actions, as long as they are not inconsistent with the Health Professions Act.

If the case is forwarded from the ICRC to the Discipline Committee, the Committee may: Reprimand the dental technologist, direct the Registrar to impose terms, conditions and/or limitations on the dental technologist’s ability to practice, direct the Registrar to suspend the dental technologist ’s certificate of registration for a period of time, direct the Registrar to revoke the dental technologist ’s certificate of registration, require the dental technologist to pay a fine of up to $35,000 to the Minister of Finance, require the dental technologist to reimburse the College for therapy funding for a client who was sexually abused by the dental technologist.

If the ICRC delegates the matter to the Fitness to Practice Committee, they may: Direct the Registrar to revoke the dental technologist’s  certificate of registration, direct the Registrar to suspend the dental technologist’s  certificate of registration, direct the Registrar to impose conditions, terms and limits on the dental technologist’s  certificate of registration for a certain period of time.

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

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ Dental Technologists make a mandatory report to the College where:

  • There is reasonable belief that the dental technologist has sexually abused a client or patient
  • There is reasonable belief that the dental technologist is incompetent or incapacitated
  • There is reasonable belief that the dental technologist has committed an act of professional misconduct
  • The dental technologist ’s employment has been terminated or privileges have been revoked, suspended or limited
  • Any other disciplinary actions against the dental technologist

The report should be made within 30 days upon becoming aware of the matter, or immediately where there are reasonable grounds to believe that the dental technologist will continue to sexually abuse a client, or the incompetence. incapacity will pose a risk to the public. Individuals who fail to make mandatory reports will be found guilty of an offence,  and are liable to a fine of up to 50,000, while corporations may be liable for up to 200, 000.

When Must a Dental Technologist Self-Report to the College?

Under the Regulated Health Professions Act, 1991, a dental technologist must report to the College where:

  • The dental technologist has been charged/ found guilty of an offence in any jurisdiction
  • The dental technologist is a member of another professional body in any jurisdiction
  • The dental technologist is being subjected to a proceeding for professional misconduct, incompetency for any profession in any jurisdiction
  • The dental technologist is being disciplined, suspended or required to resign, terminated or subjected to any similar actions in the workplace.
  • The dental technologist becomes aware of any unsafe practices, unprofessional conduct or incapacity by their co-workers

The mandatory report should be made as soon as possible after becoming aware of the circumstances.

Sexual Abuse by a Dental Technologist  

The College of Dental Technologists of Ontario has a zero tolerance policy towards sexual abuse by dental technologists towards their clients or non-clients, within the workplace itself. Sexual abuse in the context of a dental technologist and a client occurs where: the dental technologist has sexual intercourse or any other sexual relations with a client, touches client in a sexual manner, behaves in a sexual manner towards the client, makes sexual remarks towards a client.  If a dental technologist  is alleged to have committed an act of sexual harassment or sexual abuse, they may be subject to an investigation for professional misconduct.

Can a Dental Technologist Engage in a Relationship with a Client?

Engaging in sexual acts with a client can result in serious consequences, such as losing the ability to practice as a dental technologist in Ontario. Even after a client-dental technologist  relationship has ceased, sexual interaction between a dental technologist  and a client is prohibited for at least a period of 1 year. During this period, the dental technologist is forbidden from entering into a sexual relationship with the client, even if the client is consenting.

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