Conflict of Interest Policy
|The College received many inquiries from members regarding the Conflict of Interest Policy in relation to selling shoes. Members strongly felt that in order to be able to better assist their patients, it was important to be able to sell or supply shoes when and if necessary.|
In reviewing the issue from a public protection perspective, the College believed that if a product was medically necessary and required for the prevention, treatment or management of a disease, disorder or dysfunction of the foot, then members should be able to sell or supply the product.
Members are oftentimes more knowledgeable about these products and better qualified to assist and advise the public.
The changes to s. 3(g) allows members to sell or supply a product that is medically necessary and is required for the prevention, treatment or management of a disease, disorder or dysfunction of the foot.
The restrictions with respect to making a profit, the availability of the product at a drugstore, shoe or other retail setting and the fee not being excessive have all been removed.
In This Policy:
“related corporation” means a corporation wholly or substantially owned or controlled by the member or a related person of the member;
“related person” means any person connected with the member by blood relationship, marriage, common-law or adoption and,
- persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other;
- persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other;
- persons are connected by common-law if the persons have for a period of not less than three years cohabited in a relationship of some permanence; and
- persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected by blood relationship, except as a brother or sister, to the other.
- A member has a conflict of interest for the purposes of paragraph 10 of section 2 of O. Reg. 750\93 where the member or a related person or a related corporation has a relationship as a result of which a reasonable person could conclude that the personal interests of the member, the related person or related corporation could improperly influence the member’s professional judgment or conflict with his or her duty to act in the best interests of the patient.
- A member shall be deemed to be practising the profession while the member is in a conflict of interest where a member, or a related person or related corporation, directly or indirectly,
accepts a rebate, gift, credit or other benefit by reason of the member referring a patient to any other person;
offers, makes or confers a rebate, gift, credit or benefit by reason of the referral of a patient to the member;
accepts a rebate, gift, credit or other benefit by reason of the member prescribing or recommending any drug, device or product;
makes a recommendation or a referral to a supplier of any service, device or product in which the member or a related person or related corporation has a financial interest, unless the member at the same time,
fully discloses the financial interest;
provides the patient with the name of at least one other supplier in the same geographical area if one exists;
informs the patient that he or she has the option of using an alternative supplier; and
assures the patient that choosing an alternative supplier will not affect the quality of health care services provided by the member;
enters into any arrangement respecting a lease or use of premises unless,
the rent payable by or to the member or a related person or related corporation is reasonable; and
the rent is unrelated to the referral of patients by or to the member.
enters into any arrangement respecting credit, whether as lender or borrower, unless,
the terms of credit are not related to the referral of patients by or to the member; and
the terms are reasonable having regard to prevailing market rates at the time of the transaction.
sells or supplies a product to a patient unless,
the product is medically necessary and is required for the prevention, treatment or management of a disease, disorder or dysfunction of the foot;
sells or supplies an orthotic device to a patient for a profit unless,
the orthotic device is required for the prevention, treatment or management of a disease, disorder or dysfunction of the foot; and
the fee charged for the orthotic device, including the fee for any related service, is not excessive.
A member shall provide the following information and things to the Registrar upon request:
The names of all suppliers of drugs, devices and other products related to the practice of the profession in which the member or a related person or related corporation has a financial interest, and the details of the interest.
Copies of all leases and loan agreements relating to the member’s practice or practice premises.