Quebec Dentists Code of Ethics - D-3, r. 4

chapter D-3, r. 4
Code of ethics of dentists
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Dental Act
(chapter D-3, s. 3).
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Professional Code
(chapter C-26, s. 87).
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TABLE OF CONTENTS
DIVISION I
GENERAL PROVISIONS.................................................................................. 1.01
DIVISION II
DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC............................. 2.01
DIVISION III
DUTIES AND OBLIGATIONS TOWARDS PATIENTS
General provisions....................................................................................§ 1. — 3.01.01
Integrity.....................................................................................................§ 2. — 3.02.01
Availability and diligence..........................................................................§ 3. — 3.03.01
Liability.....................................................................................................§ 4. — 3.04.01
Independence and impartiality..................................................................§ 5. — 3.05.01
Professional secrecy..................................................................................§ 6. — 3.06.01
Accessibility and correction of records and release of documents............§ 7. — 3.07.01
Determination and payment of fees...........................................................§ 8. — 3.08.01
Conditions, obligations and prohibitions respecting advertising.............§ 9. — 3.09.01
Graphic symbol of the Order and dentistry.............................................§ 10. — 3.10.01
DIVISION IV
DUTIES AND OBLIGATIONS TOWARDS THE PROFESSION
Incompatible office and function...............................................................§ 1. — 4.01.01
Derogatory acts.........................................................................................§ 2. — 4.02.01
Relations with the Order and colleagues..................................................§ 3. — 4.03.01
Contribution to the advancement of his profession...................................§ 4. — 4.04.01
© Québec Official Publisher Updated to
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DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a) “Order” means the Ordre des dentistes du Québec;
(b) “dentist” means a person who is entered on the roll of the Order.
R.R.Q., 1981, c. D-3, r. 4, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. D-3, r. 4, s. 1.02.
1.03. The dentist must take reasonable measures to ensure that each person, employee, shareholder or
partner involved with him in the practice of his profession complies with the Dental Act (chapter D-3), the
Professional Code (chapter 26) and the regulations thereunder.
A dentist who practises his profession within a limited liability partnership or joint-stock company shall
ensure the foregoing entity complies with the Dental Act, the Professional Code and the regulations
thereunder.
O.C. 499-2008, s. 1.
1.04. The dentist’s duties and obligations under the Dental Act (chapter D-3), the Professional Code
(chapter 26) and the regulations thereunder are in no way changed or reduced by the fact that he practises the
profession within a limited liability partnership or joint-stock company.
O.C. 499-2008, s. 1.
DIVISION II
DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC
2.01. A dentist shall, unless he has sound reasons to the contrary, support every measure likely to improve
the quality and availability of professional services in the field in which he practises and shall participate in
the improvement of public health.
R.R.Q., 1981, c. D-3, r. 4, s. 2.01.
2.02. In the practice of his profession, a dentist shall bear in mind the general effect which his research and
work may have on society.
R.R.Q., 1981, c. D-3, r. 4, s. 2.02.
2.03. A dentist shall promote measures of education and information in the field in which he practises.
Unless he has sound reasons to the contrary, he must also, in the practice of his profession, do what is required
to ensure such education and information.
R.R.Q., 1981, c. D-3, r. 4, s. 2.03.
2.04. A dentist must keep his theoretical and clinical knowledge up-to-date in accordance with the
evolution of the art and science of dentistry.
R.R.Q., 1981, c. D-3, r. 4, s. 2.04.
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2.05. A dentist may not refuse to provide professional services to a patient for reasons related to the nature
of the disease or handicap affecting that patient.
O.C. 673-96, s. 1.
DIVISION III
DUTIES AND OBLIGATIONS TOWARDS PATIENTS
§ 1. — General provisions
3.01.01. Before accepting a mandate, a dentist must bear in mind the extent of his proficiency, knowledge
and the means at his disposal. He must not, in particular, undertake work for which he is not sufficiently
prepared without obtaining the necessary assistance.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.01.
3.01.02. A dentist shall at all times recognize the right of a patient to consult a colleague, a member of
another professional order or another competent person.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.02.
3.01.03. A dentist shall practise his profession in accordance with scientific standards generally
recognized in dentistry.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.03.
3.01.04. A dentist must provide a service or give prescriptions only when these are necessary from a
dental point of view.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.04.
3.01.05. A dentist shall avoid performing or multiplying professional acts in the practice of his profession
without sufficient reason and shall refrain from performing an act which is not suitable or proportionate to the
need of his patient.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.05.
3.01.06. A dentist shall observe the generally accepted rules of hygiene and asepsis.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.06.
3.01.07. A dentist shall endeavor to establish a relationship of mutual trust between the patient and
himself particularly by acting in an amiable and correct manner.
He must not interfere in the personal affairs of his patient on subjects not relevant to the practice of his
profession.
R.R.Q., 1981, c. D-3, r. 4, s. 3.01.07.
3.01.08. A dentist shall examine the patient and establish a treatment plan before a denturologist
performs, under his supervision, an act for the purpose of fitting, inserting, adapting or replacing a prosthesis
that attaches indirectly to the osteointegrated implants.
He shall see the patient again following the denturologist’s intervention in order to verify the carrying out
of the treatment plan, and shall ensure, where required, that the necessary alterations or adjustments are made.
O.C. 1360-94, s. 1.
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3.01.09. The dentist must adequately supervise his employees.
O.C. 499-2008, s. 2.
§ 2. — Integrity
3.02.01. A dentist shall discharge his professional duties with integrity.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.01.
3.02.02. A dentist shall avoid any misrepresentation with respect to his level of competence or the
efficacy of his own services and of those generally provided by the members of his profession. If the good of
the patient so requires, he must, with the latter’s authorization, consult a colleague, a member of another
professional order or another competent person, or refer him to one of these persons.
Similarly, he must avoid false representation with respect to the competence or efficacy of the services
generally provided by the individuals exercising their professional activities within that same company.
The attending dentist must then, with the patient’s authorization and at the patient’s expense, provide the
person consulted, or to whom he has sent the patient, with all pertinent information and copies of any
documents considered useful by that person.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.02; O.C. 499-2008, s. 3.
3.02.03. A dentist must set out in a simple, and easily understandable objective manner to his patient or to
a person legally responsible for him the nature and scope of the problem which, in his opinion, arises from the
patient’s condition.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.03.
3.02.04. Before undertaking any treatment, a dentist must inform his patient or a person legally
responsible for him of the extent and terms and conditions of the treatment the patient’s condition warrants
and the cost involved, and obtain his agreement thereto.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.04.
3.02.05. A dentist shall refrain from performing an act or making a diagnosis without sufficient
knowledge of the facts justifying them.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.05.
3.02.06. A dentist must inform his patient as soon as possible of any complication or other difficulty
occurring during the treatment necessitated by his condition as well as the possible financial implications
thereof.
R.R.Q., 1981, c. D-3, r. 4, s. 3.02.06.
§ 3. — Availability and diligence
3.03.01. In the practice of his profession, a dentist must display reasonable availability and diligence and
provide the care the patient’s condition requires.
R.R.Q., 1981, c. D-3, r. 4, s. 3.03.01.
3.03.02. A dentist must be objective and honest when a person likely to become a patient asks him for
information.
R.R.Q., 1981, c. D-3, r. 4, s. 3.03.02.
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3.03.03. A dentist may not cease treating a patient unless he has sound and reasonable grounds for doing
so.
R.R.Q., 1981, c. D-3, r. 4, s. 3.03.03.
3.03.04. Before ceasing the treatment of a patient, a dentist must advise him of his intention and ensure
that such termination of service is not detrimental to the patient’s health.
R.R.Q., 1981, c. D-3, r. 4, s. 3.03.04.
§ 4. — Liability
3.04.01. A dentist must, in the practice of his profession, fully commit his personal civil liability. He is
thus prohibited from inserting in a contract for professional services a clause excluding such liability, directly
or indirectly, in whole or in part.
R.R.Q., 1981, c. D-3, r. 4, s. 3.04.01.
§ 5. — Independence and impartiality
3.05.01. The dentist shall subordinate his personal interest as well as that of the limited liability
partnership or joint-stock company in which he exercises his professional activities or in which he has an
interest, to that of his patient.
R.R.Q., 1981, c. D-3, r. 4, s. 3.05.01; O.C. 499-2008, s. 4.
3.05.02. A dentist must ignore any intervention by a third party which could influence the performance of
his professional duties to the detriment of his patient.
R.R.Q., 1981, c. D-3, r. 4, s. 3.05.02.
3.05.03. A dentist must safeguard his professional independence and avoid any situation which could put
him in conflict of interest. A dentist is in conflict of interest, in particular, when he is in a situation where his
judgement might be unfavourably affected to the detriment of his patient or his professional independence
could be questioned.
R.R.Q., 1981, c. D-3, r. 4, s. 3.05.03.
3.05.04. As soon as he ascertains that he is in a situation of conflict of interest, a dentist must either cease
treatment or notify his patient thereof and ask for his authorization to continue the treatment.
R.R.Q., 1981, c. D-3, r. 4, s. 3.05.04.
3.05.05. The dentist shall refrain from:
(1) unduly seeking or obtaining profit from the prescribing of apparatuses, examinations, medications or
treatments;
(2) granting, in the practice of his profession, any advantage, commission or rebate to any person
whomsoever;
(3) accepting, in his capacity as a dentist or by using his title of dentist, any commission, rebate or
material advantage other than customary tokens of appreciation and gifts of modest value.
R.R.Q., 1981, c. D-3, r. 4, s. 3.05.05; O.C. 499-2008, s. 5.
3.05.06. Where a partner, shareholder, director, officer or employee of a limited liability partnership or a
joint-stock company in which the dentist exercises his professional activities or has interests, is in a conflict of
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