A complainant is the individual who comes forward with a signed, written complaint. The complainant may be a member of the public, an employer, another regulated member or another healthcare provider.
During denturist-patient relationship and in the two-year period following the end of the denturist-patient relationship, a former patient is considered to be a patient for the purposes of the sexual abuse and sexual misconduct provisions defined in the Health Professions Act.
Sexual Abuse is defined in the Health Professions Act to mean the threatened, attempted or actual conduct of a regulated member towards a patient that is of a sexual nature and includes any of the following conduct:
- (i) Sexual intercourse between a regulated member and a patient of that regulated member;
- (ii) Genital to genital, genital to anal, oral to genital, or oral to anal contact between a regulated member and a patient of that regulated member;
- (iii) Masturbation of a regulated member by, or in the presence of, a patient of that regulated member;
- (iv) Masturbation of a regulated member’s patient by that regulated member;
- (v) Encouraging a regulated member’s patient to masturbate in the presence of that regulated member;
- (vi) Touching of a sexual nature of a patient’s genitals, anus, breasts or buttocks by a regulated member.
Sexual misconduct is defined in the Health Professions Act to mean any incident or repeated incidents of objectionable or unwelcome conduct, behavior or remarks of a sexual nature by a regulated member towards a patient that the regulated member knows or ought reasonably to know will or would cause offense or humiliation to the patient or adversely affect the patient’s health and well-being but does not include sexual abuse.
Unprofessional conduct is defined by the Health Professions Act. In part, elements of Unprofessional Conduct include:
- Unskilled, incompetent or illegal practice as a denturist
- Boundary issues including sexual abuse or sexual misconduct
- Failure to uphold the Standards of Practice or Code of Ethics of the College
- Misrepresenting qualifications or registration
- Failure to uphold regulatory requirements for practice