Information About Your Care

Safe, Ethical, and Quality Eye Care

The College of Optometrists of Ontario exists to ensure that you receive safe, ethical, and quality eye care from any optometrist in Ontario. Here are some frequently asked questions about:

Eye Exams

What happens at an eye exam?

At most exams, the optometrist will note your health history related to eyes and vision. They will examine your eyes for any diseases or abnormalities. They will look at the way your eyes adjust to focus from near to far. The optometrist will also measure how sharp your vision is and if your eyes properly focus light. These things tell the optometrist if you are nearsighted or farsighted and how your vision compares to 20/20 vision.

Are eye exams covered by the Ontario Health Insurance Plan (OHIP)?

Eye exams are not covered by OHIP for most adults between 20 and 64 years old.

For patients 19 years and younger, 65 years and older, and those with certain medical conditions, OHIP covers a standard eye exam. As of September 1, 2023 there have been changes to which eye exams are covered by OHIP. The details of those changes can be found in this press release. If you have more questions about OHIP rules, contact the Ontario Association of Optometrists, OHIP, or the Ministry of Health.

Whether you are covered by OHIP or not, your optometrist may recommend additional testing at an extra cost. Before they do the test, they must:

Explain why the test is needed in your situation
Outline any additional fees and explain what they are for
Discuss the benefits and any risks associated with the test
Obtain your consent to perform the test.

Can I still receive the OHIP-covered eye exam if I don’t want the additional tests?

Yes. Additional testing and screening is not a condition of receiving the standard, OHIP-insured eye exam.

Why does my optometrist use eye drops?

Drops are part of many eye exams. The most common drops are used to dilate your pupils. This helps the optometrist better see the inside of your eye. These drops leave your eyes a little blurry and sensitive to light for a few hours. You may not be able to drive right after this procedure.

Other drops are used to relax the focus of your eyes. This helps the optometrist take certain measurements. These drops are generally used in children and young adults. They can also make the eyes blurry and sensitive to light.

Some drops are used to numb the eye. They are used when the optometrist needs to touch your eye with an instrument.

Finally, some drops contain a dye that helps the optometrist see abnormalities on the surface of the eye.

I hate the air puff thing. Is it necessary?

The air-puff test is one of several tests that can be used to measure eye pressure. This is an important part of an eye exam. It helps the optometrist determine your risk of developing glaucoma. If you find this test unpleasant, talk to your optometrist about other ways to measure your eye pressure.

Prescription

What information is included in a prescription?

A prescription for both glasses and contact lenses must include:

the prescriber’s name, practice address, telephone number and signature,
your name,
the date of the eye exam, and
all information that a licensed dispenser needs to make your glasses or fit the contacts.

A prescription will also include the power of each lens based on your specific condition: nearsightedness (myopia), farsightedness (hyperopia), blurred vision (astigmatism), or age-related need for reading glasses (presbyopia) – and may include additional information, such as magnifying power.

Contact lens prescriptions may also include information about a specific brand, material, size, or curvature of the lens depending on what you find most comfortable or is best suited to your condition.

Are lens prescriptions the same for glasses and contacts?

Sometimes the strength of your contact lens prescription may be different from your glasses prescription because contact lenses fit closer to the eye.

Will my optometrist automatically give me a copy of my prescription, or do I need to ask for it?

Optometrists must provide patients with a copy of their glasses prescription once it is ready and the patient has paid all the fees. Contact lens prescriptions are available following a contact lens fitting, and once the patient has paid all of the fees.

If you have health conditions that affect your prescription, your optometrist may not be able to provide a prescription until your vision stabilizes.

Where can I fill my prescription?

Any licensed dispenser can fill your prescription. This includes optometrists and opticians.

Glasses & Contacts

Should I buy glasses or contacts over the internet?

Buying glasses and contacts over the internet can be efficient and cost-effective for some people. But before you buy online, talk to your optometrist about your individual needs. People with complex prescriptions or certain conditions may find it hard to get a good fit online. This can result in glasses or contacts that don’t work, or even vision problems. We strongly encourage you to work with a licensed dispenser – an optometrist or optician – to be sure you’re getting the best fit.

Do glasses prescriptions have an expiry date?

Yes! Your prescription can change over time thanks to aging and medical conditions like diabetes, blood pressure, and cataracts, among others. If your eyesight is likely to change, your optometrist may recommend that your prescription not be filled after a certain date.

What is a contact lens exam?

Contact lenses come in a wide variety of designs, materials and sizes. A contact lens exam, which measures the shape of your eye and how moist your eyes are, helps find the best lenses for your vision needs and comfort.

A contact lens exam usually happens after a routine eye exam, when the optometrist knows your overall eye health and prescription needs.

Contact lens exams may require additional tests and may include a fitting fee.

I just want contacts to change my eye colour. Is it okay to buy them over the counter?

Cosmetic lenses sold over the counter do not correct vision problems, but they can still cause them. These problems including irritation and infection, if the lenses are not properly used and cleaned. Talk to your optometrist before using cosmetic lenses – they will be able to guide you on best materials, fit, and cleaning routines.

Roles & Responsibilities of Eye Care Professionals and Their Patients

What is the difference between optometrist, ophthalmologist, and optician?

An optometrist is a primary care provider – the first person you see about your eyes. They diagnose, treat, and manage conditions related to your eyes and vision. An optometrist can prescribe glasses and contacts, as well as drugs and treatments for certain eye conditions.

An ophthalmologist is a doctor who with specialized training in eye surgery, as well as diagnosing and treating eye diseases. Patients are usually referred to an ophthalmologist by their optometrist.

An optician is a professional who fits and adjusts eyeglasses, contact lenses, or other vision devices based on a prescription from an optometrist or ophthalmologist.

How do I know if I received good care from my optometrist?

You should expect that the care you receive meets the professional standards set by the College of Optometrists. Your optometrist must have the skills, knowledge, and judgment to practice in Ontario. You should expect to receive the information you need to make decisions about your health care. Your optometrist must respect the confidentiality of your health information.

If you receive glasses or contact lenses, you should be informed of the cost before the service is provided.

What if I feel I did not receive good care?

The first thing you should do is speak with your optometrist directly. If you are not comfortable doing this, or you did not get a satisfactory solution, contact the College. We can answer your questions and talk you through the formal complaints process. Learn more about reporting concerns and filing complaints.

What is the Assistive Devices Program?

The Ministry of Health and Long-Term Care pays up to 75% of the cost of low-vision aids through the Assistive Devices Program (ADP). Low-vision aids include:

hand-held and glasses-mounted magnifying aids
high-power glasses or lenses
light filtering lenses
technology such as large-print computers and text-to-voice applications.

A ‘registered authorizer’ is a person who can decide if you are eligible for coverage under this program. Some optometrists are both registered authorizers and approved vendors. That means you can receive your ADP funding and vision services in one place.

Visit our Funding Options for Eye Examinations in Ontario webpage to learn more about funding options for eye exams and vision aid..

Who are Optometrists?

Optometrists are sometimes confused with ophthalmologists or opticians. The three professions work closely together, but there are differences in what they do:

Optometrists provide eye and vision care. As your primary eye care providers, optometrists perform routine eye exams, diagnose eye diseases, and treat eye disorders. They can prescribe medication and vision aids, such as glasses, sunglasses, contact lenses, and specialized devices for low vision. They must complete a Bachelor degree, followed by a four-year Doctor of Optometry Degree. Optometrists in Ontario are regulated by the College of Optometrists of Ontario.

Ophthalmologists are specialists in eye disease. They diagnose and treat eye disorders and are licensed to practice medicine and surgery. They have completed a university degree, medical school, and a residency at a hospital specializing in the eye care. Ophthalmologists are secondary level healthcare providers. That means patients usually require a referral from their optometrist. Ophthalmologists in Ontario are regulated by the College of Physicians and Surgeons of Ontario.

Opticians are licensed professionals trained to fit and dispense vision aids such as glasses and contact lenses. They do not perform eye exams but are able to interpret and fill eye prescriptions. Opticians complete two to four years of postsecondary training before being able to dispense vision aids. They are regulated by the College of Opticians of Ontario.

More questions? Visit our Information About Your Care page.

Preventing Sexual Abuse

The College’s Patient Relations Program was developed to enhance relations between optometrists and patients.

An important part of the program’s mandate is to oversee measures for preventing or dealing with the sexual abuse of patients by optometrists. These measures include:

Educational Requirements

The educational requirement applies to all current registrants of the College, all students currently in the optometry program at the University of Waterloo, and all applicants to the College.

To help prevent sexual abuse, optometrists must be educated about these areas:

Understanding the nature of sexual abuse and its impact on the patient
Knowing the requirements of the Health Professions Procedural Code
Behaving appropriately with patients, including avoiding boundary violations
Recognizing and responding appropriately if they witness sexual abuse by other healthcare practitioners.

In the fall of 2017, all registrants of the College had to complete, as part of their annual renewal process, an e-learning module titled Professionalism, Ethical Decision-Making and the Prevention of Sexual Abuse of Patients. The module helps optometrists understand what constitutes sexual abuse, what a professional boundary crossing is, and how unintentional boundary crossings could escalate.

Guidelines for Member Conduct

Patients have the right to receive optometric care in an environment of trust and respect. The College has published an advisory for registrants on how to behave with patients. Registrants are encouraged to review this advisory periodically and compare their behaviours to the guidelines.

An Exemption Regulation was introduced in 2020 that allows optometrists to treat their spouses without this automatically constituting sexual abuse. The College has published materials describing its position on this regulation.

Training for College Staff and Council

The staff of the College of Optometrists of Ontario plays an important role in resolving complaints or facilitating the formal complaints and reports disciplinary processes. Both College staff and committee registrants may be called upon to support victims of sexual abuse through these processes. The College regularly provides training to staff, Council, and committee registrants entrusted with this role.

Informing the Public About the Rules

Patients have the right to bring any questionable behaviour on the part of an optometrist to the attention of the College. Some people may not be aware of what differentiates normal optometric care from sexual abuse. Here are some examples of rules that optometrists must follow.

Optometrists must not:

Ask a patient to disrobe during an optometric examination
Hug or kiss a patient, even if the patient initiates this
Comment on a patient’s appearance, clothing, or body unless clinically necessary
Ask questions or start conversations about sexual practices except where necessary, as in cases of diagnosis and treatment of ocular manifestations of sexually transmitted diseases;
Tell jokes or stories of a sexual nature
Display material in the office that is sexually suggestive or offensive to patients or staff
Engage in any sexual activity with a patient, even if both perceive the activity as consensual.

Safe, respectful touch

Touching should only be used as needed to facilitate the optometric examination. For example, an optometrist may need to position a patient or manipulate the head, eyelid, or brow.
Patients in a reclined position during an examination may feel vulnerable. The optometrist should explain why the patient needs to be reclined.
Patients who are upset or nervous should be comforted with words rather than with touch.
Optometrists may assist in the transfer of patients (for example from a wheelchair to the examination chair).
Some tests require physical closeness, such as direct ophthalmoscopy (a test that involves the patient and optometrist sitting face to face). Before the test, the optometrist should explain how it is conducted and why.
If performing services outside of normal office hours, the optometrist should ensure that a member of the office staff or a third party is in attendance.

If a patient initiates sexually inappropriate conversation or behaviour

The optometrist should respectfully discourage this behaviour and make a record of the incident. Having a staff member or third party in attendance throughout the examination may help to prevent any misunderstanding or accusation. If the patient persists in the inappropriate behaviour, the optometrist should end the optometrist/patient relationship.

Definition of ‘patient’ in sexual abuse cases

The Regulated Health Professions Act defines a person as a patient if the optometrist has:

billed or received payments for their health care or
contributed to their patient record or file or
received consent from them for health care services or
prescribed them drug.

The Health Professions Procedural Code expands the definition of ‘patient’ in cases of sexual abuse. A person remains a ‘patient’ for one year after the optometrist last provided care. Any sexual act that occurs between the person and the optometrist during that time could result in the optometrist having their licence to practise revoked. Because of the broad definition of sexual abuse in the RHPA, any social relationship with a current or former patient might be considered sexual abuse.

An optometrist may not be guilty of sexual abuse if they provide emergency care to their preexisting sexual partner when there is no reasonable way to transfer care to another health professional.

Program to Provide Funding for Therapy and Counselling

The Health Professions Procedural Code requires health colleges to have a program to support patients who come forward with allegations of sexual abuse. The Program of Funding for Therapy and Counselling is administered by the College’s Patient Relations Committee. The fund covers the cost of therapy and counselling for patients who allege sexual abuse by a registrant of the College.

Payment is made directly to the therapist or counsellor that the person choses.

Decisions of the Discipline Committee

The College is required to publish a summary of every discipline decision and the reasons for the decision in the College annual report and on the College website, including the College register.

Discipline findings are available on the optometrist’s public register indefinitely. If the allegations against the optometrist were not proven, their name will not be published unless they request it.

Decisions of the Discipline Committee released after June 1, 2015 are also available on the CanLII website.

Dr. Yunfan Zhang – April 2024

Dr. Gregory Miller – March 2022

Dr. Jon Barnes – March 2021

Dr. Kashif Zoberi – January 2020

Dr. Ajay Chandail – December 2019

Dr. Gregory Miller – December 2019

Dr. Casey L. Tepperman – April 2019

Marg L. Courchesne (Revoked Member) – April 2019

Dr. Ampreet Singh – February 2019

Dr. Gregory Miller – October 2018

Dr. Farrukh Sheikh – October 2018

Dr. Andrew Mah – September 2018

Dr. Jon Barnes – April 2018

Dr. Gyanesh Verma – February 2018

Dr. Gordon Ng – February 2018

Dr. A. John Metzger – May 2017

Dr. Bassam Aabed – May 2017

Dr. A. John Metzger – April 2017

Dr. Peter A. Spear – March 2017

Dr. Gordon Ng – June 2016

Dr. Emad Eskander, Dr. Kar Man Cheung, Dr. Suzan Sarkies, and Dr. Vivian Li – April 2016

Dr. Anthony J. Angelone – October 2015

Dr. Petra Cantrup – June 2015

Dr. J. Richard Samuell – May 2015

Dr. Andrew Mah – January 2014

Dr. R. Charron – February 2013

Dr. J. Klundert – February 2013

Dr. Gordon Ng – August 2012

Dr. Frank Stepec – May 2012

Kenneth Cresswell – October 2009

Making a Complaint

As the regulatory College for optometrists, it’s our job to ensure the care you receive is safe and that your optometrist acts in a professional manner.

If you have concerns about your optometrist’s conduct or the care you received, speak to your optometrist first to see if you can resolve the issue together. If you are not comfortable speaking with the optometrist, or if you are unable to resolve the issue, you may wish to file a formal complaint with the College.

If you have any questions about the complaints process or how to file a complaint, please contact us:

Mail: 65 St. Clair Avenue East, Suite 900, Toronto, ON M4T 2Y3

Telephone: 416 479 9295

Toll Free: 1 833 402 4819

Fax: 1 647 577 4271

Email: complaints@collegeoptom.on.ca

How to Make Your Complaint

The College must receive your formal complaint in writing or in recorded form (such as audio or video).

To submit your complaint in writing, complete the complaint form in either English or French.

If you record your complaint, submit it by email to complaints@collegeopItom.on.ca.

If you need help submitting your complaint, the College can provide accommodation at this stage and all through the complaints process.

If you wish to make a complaint against an optometrist, please complete and submit a Complaint Form here:

Complaint Form

What happens after I submit my complaint?

The College will write to you and explain the process. We may request information, such as reports from other health care providers involved in your care.

The College will notify the optometrist of the complaint within 14 days and send a copy of your complaint. The optometrist will have a chance to respond.

You will receive a copy of this response so that you can hear the optometrist’s side of the story. You will have another opportunity to comment at this point.

Complaints of a Sexual Nature

The College has a zero tolerance policy when it comes to sexual abuse of patients. If you have experienced sexual abuse by an optometrist, contact the College’s Investigations & Resolutions department. Sexual abuse includes any physical or verbal behaviour of an inappropriate sexual nature.

The College also has a Patient Relations Program that provides funding for therapy and counselling for patients who allege that they have experienced sexual abuse. The money is paid directly to the therapist.

Stages of the Complaints Process

Complaints and Concerns Flowchart. First step: Inquiry made (The College gets a call or email from the public with a question or concern about care). Arrow from first step to possible second step: (Sometimes we were able to answer their questions and it goes no further). Arrow from first step to other possible second step: Complaint Filed (Some move forward and file an official complaint). Arrow from "Complaint Filed" to possible third step: Alternate Dispute Resolution (In some cases, Alternative dispute resolution can help resolve the issue and the case is closed). Arrow from "Complaint Filed" to other possible third step: Investigation (For cases that move forward, information is gathered from the optometrist, the patient and other sources). Arrow pointing from "Investigation": Panel Review (a panel of optometrists and members of the public review the case and issue a decision).

Alternative Dispute Resolution

In some cases, the College can offer a way to quickly resolve a minor complaint without having to go through a formal investigation. This is called Alternative Dispute Resolution (ADR). A mediator works with both the complainant and the optometrist to resolve the problem in a way that suits both parties. The investigation process is put on hold.

Both the complainant and the optometrist must agree to take part in ADR. Either party can withdraw from the process at any time.

ADR is confidential and ‘without prejudice’. This means that the discussion is private. If a decision is made, it does not necessarily mean the optometrist admits they were at fault.

If the parties reach an agreement, it must be approved by the College Registrar. Then the matter is considered resolved.

If the complainant and the optometrist cannot reach an agreement, the formal investigation process resumes.

Learn more about the College’s ADR process.

The Investigaton and Review Process

Who reviews and makes decisions on complaints?

The College gathers information through the investigation process. This information goes to a panel of the Inquiries, Complaints and Reports Committee (ICRC). The panel is made up of optometrists and members of the public appointed by the Ontario government.

Do formal complaints against an optometrist remain confidential?

No. The College has a duty to ensure that Ontarians have access to information they need to make informed decisions about their health care. This is part of our public protection mandate. The College publishes the outcomes of investigations when the ICRC finds that the issues raised pose a moderate to high risk to the public. This applies to complaints received on or after January 1, 2017, and includes outcomes such as verbal cautions, specified continuing education and remedial programs, and undertakings.

How does the College deal with anonymous complaints?

The ICRC does not investigate anonymous complaints. However, the Registrar may initiate an investigation, with the ICRC’s approval. This can happen if the information gives the Registrar reasonable and probable grounds to believe that the optometrist has committed professional misconduct or is incompetent.

How does the ICRC Panel make decisions?

The College takes a risk-based approach to its investigation process. That means the ICRC panel evaluates the degree of risk that the issues raised in the complaint pose to patient safety and to the public.

The panel uses a Risk Assessment Framework to guide its decision-making and explain the level of risk in the written decision. This decision goes to both the optometrist and the patient.

Learn more about the ICRC’s Risk Assessment Framework.

Does the ICRC consider any previous complaints against an optometrist?

The ICRC is required to consider all previous complaints, reports and decisions involving the optometrist that are available. This information is not disclosed to the complainant, but the optometrist is given an opportunity to comment.

What types of decisions can the ICRC make?

In its decision, the ICRC panel can do one or more of the following:

Give the optometrist advice or recommend ways to improve their practice.
Issue the optometrist a verbal caution. The optometrist must appear before the ICRC Panel to hear this.
Require the optometrist to take additional education or training.
Restrict how the optometrist can practise.
Refer the issue to the Discipline Committee for a formal hearing. This happens if there are serious issues of incompetence or professional misconduct.
Refer the optometrist to another panel of the ICRC for health inquiries.
Refer the issue to the Fitness to Practise Committee if health concerns are identified.
Choose to take no action. This happens if the information from the investigation does not support the complainant’s allegations, or if the panel finds that the optometrist’s conduct was appropriate.

How long does the complaints process take?

The Inquiries, Complaints and Reports Committee (ICRC) tries to decide on a complaint within 150 days of its receipt by the College.

The ICRC panel may be able to come to a decision at its first meeting. If it needs further information from the complainant or from the optometrist, it may have to meet more than once.

Complicated cases may require more time to thoroughly investigate the concerns raised and resolve the complaint in a way that best protects the public interest.

The complainant and the optometrist will be notified of any delay, the reasons for the delay, and the expected date of the panel’s decision.

Should that delay exceed 210 days, the College is required to notify the Health Professions Appeal and Review Board (HPARB) and explain why it is taking so long. HPARB can then:

direct the panel of the ICRC to continue to investigate the complaint or
make recommendations to the ICRC or
start its own investigation into the matter.

Will I receive a copy of the ICRC’s decision?

The complainant and the optometrist both receive a copy of the final decision and the reasons for the decision.

In some cases, there will be no reasons for the decision. This happens when the case is referred to the Discipline Committee or to a panel of the ICRC dealing with health concerns.

Can the ICRC order thee optometrist to compensate me or pay back my fees?

No. The ICRC cannot order an optometrist to pay damages or reimburse the complainant. Only provincial courts can do this.

Can information gathered by the College by used in court?

No. Section 36(3) of the Regulated Health Professions Act, 1991 says no report or decision of a proceeding under the Act is admissible as evidence in a civil proceeding.

Does the College reimburse the parties for their costs while dealing with a complaint?

No. The College assumes the costs of processing and disposing of the complaint, but it does not reimburse the complainant or the optometrist for costs they incur, such as lawyers.

What if I do not agree with the ICRC’s decision?

You can request a review by the Health Professions Appeal and Review Board (HPARB), an independent government agency. This is available to either the complainant or the optometrist, if they believe that the ICRC panel’s investigation was inadequate or the decision was unreasonable.

Exception: An ICRC decision to refer the matter to the Discipline Committee or the Fitness to Practice Committee cannot be appealed to HPARB

Public

Safe, Quality Eye Care

When you visit an optometrist, you have the right to expect safe, quality eye care. The College protects this right by setting the registration requirements that must be met to practise the profession in Ontario and by creating the programs that will ensure that optometrists keep their skills and knowledge up to date. Here you’ll find information about how to find an optometrist and how to file a complaint, as well as answers to common questions. If you’d like to know more about incorporation, bylaws, and legislation, please visit the Members page.

Ontario’s health regulatory colleges are required by law to provide information about the health-care providers they oversee. It’s your right to know about the registration status, including practice locations, specialities, practice limitations, and disciplinary proceedings of any of our members.

The following video, produced by the Health Profession Regulators of Ontario, explains in more detail:

The Discipline Process

From time to time, an Optometrist does not meet the College’s standards of practice or breaches regulations. When this happens, it is the College’s job to protect the public’s right to quality eye care. We do this first by investigating complaints and reports through the Inquiries, Complaints and Reports Committee (ICRC).

If the ICRC has reasonable and probable grounds to believe that there has been professional misconduct or incompetence, it refers allegations to the Discipline Committee.

The Discipline Committee

The Discipline Committee is the only committee of the College that has the authority to discipline optometrists. This authority is granted under the Regulated Health Professions Act, 1991 (RHPA) and the Optometry Act, 1991. The RHPA’s Health Professions Procedural Code sets out the procedures to be followed by the Discipline Committee in Sections 36 to 56.

The Discipline Committee is authorized to hold hearings about allegations of professional misconduct and incompetence. If the allegations are proven, the committee can make an order. This could include rehabilitative steps the optometrist must take or measures to restrict their practice. The most severe penalty the committee can impose is to revoke the optometrist’s certificate of registration.

Defining Professional Misconduct and Incompetence

Professional misconduct is defined as:

Sexual abuse of a patient
Acts of professional misconduct defined in the College’s Professional Misconduct Regulation
Being found guilty of an offence that is relevant to an optometrist’s suitability to practise
Being found guilty of professional misconduct by a regulatory body outside of Ontario, if the same act would be considered professional misconduct in Ontario
Failing to cooperate with the Quality Assurance Committee or its assessors.

Incompetence is defined as patient care that displays a lack of knowledge, skill, or judgment. The nature or extent of the optometrist’s actions could show that they are unfit to practise or that their practice should be restricted.

The Discipline Hearing

What is a hearing?

A discipline hearing is a formal process, much like a court of law. It is conducted by a panel composed of three to five members of the Discipline Committee. The panel must include at least two public members of the College Council. The College works with the Discipline Chairperson to ensure that the members appointed to a panel are free from bias and have no prior knowledge of the allegations (charges) being heard.

Who attends the hearing?

Hearings are open to the public unless there is a public safety issue or other reason why an open hearing would not be in the public interest.

Each panel member must be present through the entire hearing and hear all of the evidence.

The College and the optometrist are the parties to the proceedings. The person who made the original complaint (the complainant) is not a party at the hearing. This is because the College is acting in the broader public interest.

The College is represented by legal counsel (the prosecutor). The optometrist (the defence) can choose either to represent themselves or retain a lawyer (defense counsel). If an optometrist chooses to act as their own defence, they have the same procedural rights as a defence counsel.

The onus of proof is on the prosecution. This means the role of the prosecutor is to present the College’s evidence against the optometrist to the Discipline Committee.

At least ten days before the hearing, the College must disclose all relevant information from the investigation to the optometrist and their lawyer. This includes:

Written and documentary evidence that will be introduced
names of any expert witnesses and summaries of the evidence they will give
names of any other witnesses who will appear.

The defence is not obliged to share information before the hearing.

What happens at the hearing?

The panel hears the evidence from both sides and determines the facts of the case. The panel then decides:

Whether the evidence proves the allegations
Whether the optometrist has engaged in professional misconduct or is incompetent
What penalty to impose if there is a finding of misconduct or incompetence.

Deciding on a penalty

If the panel finds that there was professional misconduct or incompetence, Section 51 of the Health Professions Procedural Code gives it the power to do any of the following:

Direct the Registrar to revoke the optometrist’s certificate of registration.
Direct the Registrar to suspend the optometrist’s certificate of registration.
Direct the Registrar to impose terms, limitations, or conditions on the optometrist’s certificate of registration for a specified or indefinite period of time.
Require the optometrist to appear before the panel to be reprimanded for professional misconduct.
Require the optometrist to pay a fine to the College.
Require the optometrist to reimburse the College for money it spent on counselling, if the case involved sexual abuse.
Require the optometrist to pay the College’s legal, investigation, and hearing costs.

Before it decides on a penalty, both the prosecution and the defence have a chance to say what they think the penalty should be and why.

In deciding on the penalty, the panel has to consider three things:

The effect of the penalty on the optometrist and its appropriateness (reform, rehabilitation, specific deterrence)
The effect of the penalty on future conduct of the profession (general deterrence)
The need to show regard and concern for the public interest (punishment)

Written decisions

At the end of the process, the panel will issue a written decision with their reasons.

The College is required to publish a summary of every discipline decision and reasons in the College annual report and on the College website, including the College register.

Appeals

Both the optometrist and the College have the right to appeal the decision to the Divisional Court of Ontario.

Attending a Discipline Hearing

If you would like to attend a discipline hearing, you can do so online. Contact Coordinator, Investigations and Hearings. Be sure to review the guidelines for discipline hearings and the rules of procedure.

For more information, call us at 416-479-9295 or email complaints@collegeoptom.on.ca.

Les audiences disciplinaires, tenues à l’Ordre des optométristes sont ouverts au public. Les dates d’audience seront affichées dès qu’elles sont déterminées.

Appelez-nous (416) 479-9295 ou complaints@collegeoptom.on.ca pour plus d’informations.