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Disgraceful Dishonourable Unprofessional

The phrase “disgraceful, dishonourable or unprofessional” is the legal standard at the heart of much of Ontario’s regulated health professions discipline. It appears in the professional misconduct regulations under each of the profession-specific acts (such as Ontario Regulation 856/93 under the Medicine Act, 1991, for physicians), and it captures conduct that, while perhaps not falling neatly into the more specific categories of misconduct, would reasonably be regarded by members of the profession as falling below the basic standards of integrity and propriety the profession expects.

The standard is a residual one. It is invoked when a registrant’s conduct does not fit the more specific definitions of professional misconduct, such as sexual abuse of a patient, fraud, or specific clinical incompetence, but is still inconsistent with what the profession expects of its members. Tribunals and courts applying the standard have looked to objective community-of-practice norms rather than to subjective beliefs about acceptable conduct, and have generally required that the conduct be relevant to the practice of the profession.

Posts tagged Disgraceful Dishonourable Unprofessional analyze Ontario discipline decisions in which the residual misconduct standard was applied or considered, including the types of conduct that have met or failed the test and the penalties imposed.

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