AHIP By-Laws

The Association of Hearing Instrument Practitioners of Ontario

By-Laws

Mission Statement

The Mission of the Association of Hearing Instrument Practitioners of Ontario is to represent and guide its Members in their practice which include, the testing and selecting, fitting and dispensing of hearing instruments and associated devices in the best interests of the Hard of Hearing, and may include the removal of cerumen from the external ear canal.

Be it Enacted as a By-Law of the Association of Hearing Instrument Practitioners of Ontario (“the Association”) as follows:

Article I Objects of the Association

1.1 To promote the welfare, insofar as hearing health care is concerned, of the hearing  impaired;

1.2 To co-ordinate, promote and advance the programs of the Association and others in a  similar work;

1.3 To provide a unified voice for those actively and principally engaged in testing of hearing,  selection of hearing instruments, the fitting of hearing instruments, counseling, and the  dispensing of hearing instruments and other associated devices;

1.4 To provide communications and co-operation with other professions involved in hearing  health care;

1.5 To improve methods of testing of hearing, selection of hearing instruments, fitting,  counseling, dispensing and using hearing instruments and other associated devices;

1.6 To establish and maintain standards of education, equipment and techniques in the testing  of hearing, selection of hearing instruments and fitting of hearing instruments and other  associated devices, and the removal of cerumen from the external ear canal where a  Member’s practice includes it;

1.7 To sponsor a code of ethical practice among Hearing Instrument Practitioners and improve  the business standards, to inculcate among the Members ethical principles and to promote  public confidence;

1.8 To foster and encourage the development of a closer relationship among the general  public, Hearing Instrument Practitioners, the professions of medicine, audiology, especially by the co-ordination of professional and non-professional efforts, services and  assistance;

1.9 To promote and encourage an effective program of public education as to an awareness  of hearing conservation and the benefits of the use of hearing instruments;

1.10 For the objects aforesaid, to encourage the establishment of a specialized educational  course of training;

1.11 To foster the trade and interest of all Hearing Instrument Practitioners in the Province of  Ontario; and

1.12 To facilitate the accreditation of Hearing Instrument Practitioners according to the  standards of educational preparation and practical competence established for the  Members;

The objects of the Association shall be carried on without the purpose of gain for its Members  and any profit or other accretions to the Association shall be used in promoting its objects.

Article II Interpretation

2.1 Meaning of Words

2.1.1 Act means the Ontario Corporations Act, as amended from time to time (provided that,  upon the coming into force of the Not-for-Profit Corporations Act, 2010 (Ontario), the  term shall refer to the Not-for-Profit Corporations Act, 2010 (Ontario) as amended from  time to time or any act that may be substituted therefore) and the regulations passed  thereunder.

2.1.2 AGM means Annual General Meeting of the Association.

2.1.3 Association and AHIP means The Association of Hearing Instrument Practitioners of  Ontario.

2.1.4 Board means board of directors of the Association.

2.1.5 By-Laws means the By-Laws of AHIP.

2.1.6 Code means Code of Professional Conduct which are set out in schedule 1 of these By Laws.

2.1.7 Hearing Instrument Practitioners means collectively Hearing Instrument Dispensers  (H.I.D.) and Hearing Instrument Specialists (H.I.S.).

2.1.8 H.I.D. means Hearing Instrument Dispenser as defined pursuant to these By-Laws.

2.1.9 H.I.S. means Hearing Instrument Specialist as defined pursuant to these By-Laws.

2.1.10 Members means all members of the Association.

2.1.11 person includes, without limiting the generality of the term, individuals, corporations,  partnerships, associations, legal representatives, trustees, trustees in bankruptcy, and receivers.

2.1.12 The singular shall include the plural and the plural the singular, and the masculine gender shall  include the feminine gender. The format of these By-Laws shall not affect the interpretation.

Article III Membership

3.1 The Association will be comprised of two (2) classes of Certified Members; Hearing  Instrument Specialists (H.I.S.) and Hearing Instrument Dispensers (H.I.D.).

3.1.1 Hearing Instrument Specialist (H.I.S.)

Those who have met the educational requirements leading to a provincial certificate or  diploma in the field of audiometric evaluation and hearing instrument provision and have  successfully completed the International Licensing Examination (ILE) effective July  1, 2007 and who abide by the Code of Professional Conduct. The applicant must  furnish a copy of their certificate or diploma. The applicant shall have successfully  completed one thousand hours (1,000) of Internship as established in policy and  governed by the Association. The Hearing Instrument Specialist (H.I.S.) shall be  certified in the practice of testing hearing, selection, fitting, counseling and  dispensing of hearing instruments and associated devices, and the removal of  cerumen from the external ear canal where a member's practice includes it. Hearing  Instrument Specialists whose practice includes the removal of cerumen from the  external ear canal shall have successfully completed the educational requirements of  AHIP for the removal of cerumen from time to time. Those who have met the  previous educational requirements established by the Ontario Ministry of Health and  Long Term Care, Assistive Devices Program will also be eligible for certification.

3.1.2 Hearing Instrument Dispenser (H.I.D.)

Those who have achieved a level 1 as outlined in the amalgamation proposal of  Ontario Hearing Aid Association and Association of Hearing Aid Dispensers October  17, 1987 and have met the educational requirements as established by the Ontario  Ministry of Health, Assistive Devices Program, or those who have met the  educational requirements leading to a provincial and AHIP recognized certificate or  diploma in the field of hearing instrument dispensing and abide by the Code of  Professional Conduct. The applicant must furnish a copy of their certificate or  diploma. The Hearing Instrument Dispenser (H.I.D.) shall be certified in the practice  of fitting, counseling and dispensing of hearing instruments and associated devices,  and the removal of cerumen from the external ear canal where a member's practice  includes it. Hearing Instrument Dispensers whose practice includes the removal of cerumen from the external ear canal shall have successfully completed the educational  requirements of AHIP for the removal of cerumen from time to time.

3.1.3 Hearing Instrument Specialist (H.I.S.) and Hearing Instrument Dispenser (H.I.D.) both  have full voting privileges providing they are not delinquent in dues or assessments and  have satisfied the requirements of the Education Committee.

3.1.4 In these By-Laws the French terminology for Hearing Instrument Specialist (H.I.S) shall  be Audioprothesiste.

3.1.5 In these By-Laws the French terminology for Hearing Instrument Dispenser (H.I.D.) shall be Dispensateur en Protheses Auditives (masculine) and Dispensatrice en Protheses  Auditives (feminine).

3.2 Inactive Member

A person who has been an active certified member who became inactive in his/her  respective field and has, in writing requested Inactive Membership. Inactive Members  may remain inactive for a maximum of two (2) years. If, within two (2) years such an  inactive Member wishes to become actively engaged in the practice of providing hearing  instruments, and has continued in the interval to meet the continuing education  requirements as set out in Article IX 9.1.2. The Inactive Member shall apply in  writing to the Membership Committee to be reinstated as an active Certified Member.  The Committee shall consider on such application at its next meeting and if approved  acceptable, the applicant shall be required to pay full dues as imposed on each  member, such payment to be due at once and to be pro-rated from the date of granting  such active Membership to the end of the current fiscal year. Failure to apply for  reinstatement as an active Member within the two (2) years from the time inactive  status was granted shall be reason for revocation of certification. Inactive Members  have no voting privileges.

3.3 Associate Member

Those persons not actively engaged in the province of Ontario as a Hearing Instrument  Specialist (H.I.S.) or Hearing Instrument Dispenser (H.I.D.) as defined in sections 2.12  and 2.13 may, upon payment of dues to the Association, become an Associate Member  of the Association. Associate Members have no voting privileges.

3.4 Honorary Member

Any person who may be deemed suitable to receive an Honorary Membership may be  designated an honorary non-voting Member with a 2/3 vote approval of the Board.

3.5 Student Member

Those persons working to achieve Hearing Instrument Dispenser (H.I.D.) or Hearing  Instrument Specialist (H.I.S.) Certification, but have not met all the requirements of the terms as set out in sections 3.1.1.and 3.1.2. of the By-Laws. Student Members have no  voting privileges.

3.6 Retired Member

Those persons who have been active Certified Members and have become permanently  inactive due to retirement. Retired Members shall be required to pay dues as established  by the Board. The Retired Member has no voting privileges.

3.7 Good Standing

3.7.1 Discretionary – A Member shall, in the discretion of the Board, be deemed by the Board not to be in good standing in the event that:

3.7.1.1 the Member owes outstanding dues, assessments or other debts to the Association; or

3.7.1.2 the Member has failed to comply with the Code, any letters patent, articles, by-laws,  policies or rules of the Association.

3.7.2 Non-Discretionary – A Member shall be deemed not to be in good standing in the event  that:

3.7.2.1 the Member has ceased to be a Member; or

3.7.2.2 the Member has been suspended or expelled from Membership or had other membership  restrictions or sanctions imposed on him or her.

3.7.3 Members who cease to be in good standing shall not be entitled to vote at meetings of  Members and, at the discretion of the Board, may lose some or all Member privileges  until such time as the Board is satisfied that the Member is in good standing. A Member  who is not in good standing may not be a director.

Article IV Business of the Association

4.1 The Association is a professional association incorporated as a non-share capital  corporation under the Ontario Corporations Act by letters patent dated April 15, 1988.

4.2 The seal shall be the seal of the Association.

4.3 Trade Marks Act

4.3.1 A Hearing Instrument Specialist Member of the Association shall use the Certification  Mark ‘H.I.S.’ as registered by the Association on October 15, 1997 under the Trade Marks Act and duly renewed October 15, 2012 for a further term of fifteen years.

4.3.2 A Hearing Instrument Dispenser Member of the Association shall use the Certification  Mark ‘H.I.D.’ as registered by the Association on October 20, 1997 under the Trade Marks Act and duly renewed October 20, 2012 for a further term of fifteen years.

4.3.3 The Association's first logo design was duly registered on September 25, 1997 under the  Trade-Marks Act and was duly renewed on July 12, 2011 for a further term of fifteen  years. The Association's second logo design was duly registered on December 22, 2011.  Both marks have been adopted by the board and may only be used by Members or with  permission from the Board.

4.3.4 The Association Domain Name "helpmehear.ca" was duly registered on December 15,  2010 and has been adopted by the Association.

4.4 Execution of Documents

Deeds, bonds, debentures, mortgages or other securities shall be signed by any two of the  following: President, Vice President, Treasurer or Executive Director.

4.5 Banking and Finance

4.5.1 Cheques, bills of exchange, drafts, promissory notes, documents pertaining to the  Association’s bank account or amounts up to $1,000 may be signed by the Executive  Director.

4.5.2 Cheques, bills of exchange, drafts, promissory notes, documents pertaining to the  Association's bank account or amounts of $1,000 or more shall be signed by any two (2)  of the following: President, Vice President, Treasurer or Executive Director.

4.6 Financial Year and Audit

4.6.1 The financial year of the Association shall be the calendar year ending December 31st in  each year. The Board shall appoint a chartered accountant or a firm of chartered  accountants to audit the books and prepare a financial statement for each fiscal year,  such appointment to be made by the Board in the year for which the books are to be  audited.

4.6.2 Indemnities to Directors and Others

4.6.3 No director or officer shall be liable for the acts, receipts, neglects or defaults of any  other director or officer or employee, or for any loss, damage or expense happening to  the Association through the insufficiency or deficiency of title to any property  acquired for or on behalf of the Association, or for the insufficiency or deficiency of  any security in or upon which any of such monies of the Association shall be placed or  invested, or for any loss or damage arising from the bankruptcy, insolvency or tortuous  act of any person including any person with whom any of the monies, securities or  effects of the Association shall be lodged or deposited, or for any other loss, damage  or misfortune whatsoever which shall happen in the execution of the duties of his or her office or in relation thereto, unless the same is occasioned by his or her own willful  neglect or default provided nothing herein shall relieve any director or officer from the  duty to act in accordance with the By-laws or from liability for any breach thereof.

4.6.4 Subject to Section 4.8, the Association:

4.6.4.1 shall from time to time and at all times indemnify each director or officer of the  Association, each former director or officer of the Association, and each individual who  acts or acted at the Association’ request as a director or officer, or in a similar capacity,  of another entity,

(1) in respect of all costs, charges and expenses reasonably incurred by the individual in connection with the defence of any civil, criminal, administrative, investigative or other action or proceeding to which the individual is subject because of the individual’s association with the Association or other entity as described above, if the individual,

    1. was not judged by any court or other competent authority to have committed any fault or omitted to do anything that the individual ought to have done; and
    2. fulfils the conditions set out in Section 4.8;

(2) against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by the individual in respect of any civil, criminal, administrative, investigative or other action or proceeding in which the individual is involved because of that association with the Association or other entity;

4.6.4.2 may advance money to a director, officer or other individual referred to in Section 4.7.2.1(2) for the costs, charges and expenses of an action or proceeding referred to in  that Section, but the individual shall repay the money if the individual does not fulfil the  conditions set out in Section 4.8.

4.7 Limitation

4.7.1 The Association shall not indemnify an individual under Subsection 4.7.2.1 unless,

4.7.1.1 the individual acted honestly and in good faith with a view to the best interests of the Association or other entity, as the case may be; and

4.7.1.2 if the matter is a criminal or administrative proceeding that is enforced by a monetary penalty, the individual had reasonable grounds for believing that his or her conduct was lawful.

4.8 Insurance

4.8.1 The Association may purchase and maintain insurance for the benefit of each director or officer of the Association, each former director or officer of the Association, and each  individual who acts or acted at the Association’ request as a director or officer, or in a  similar capacity, of another entity against any liability incurred by the individual,

4.8.1.1 in the individual’s capacity as a director or officer of the Association; or

4.8.1.2 in the individual’s capacity as a director or officer, or a similar capacity, of another entity,  if the individual acts or acted in that capacity at the Association’ request.

4.9 Other Indemnity

4.9.1 Nothing in this By-law shall limit the right of any person entitled to indemnity to claim  indemnity apart from the provisions of this By-law to the extent permitted by the Act or  law.

4.10 Grants

The Board may set aside in the budget each year such funds as are deemed appropriate  for grants for any purpose that may advance the science of hearing instruments in  education, or to maintain or improve the standards of practice of the profession.

Article V Member Fees

5.1 The fees payable by a Hearing Instrument Specialist (H.I.S.), Hearing Instrument  Dispenser (H.I.D.), Inactive Member, Associate Member, Student Member, or Retired  Member, shall be those fees established by the Board from time to time.

Article VI Office of the Association

6.1 The principal office of the Association shall be located at such address as may be directed  by the Board.

6.2 All files of the Association shall be confidential and shall be available only to the Board and persons authorized by them, in writing to examine same.

Article VII Board of Directors

7.1 The Board shall have the control and general management of the affairs and business of  the Association.

7.2 No person shall hold office on the Board unless that person is a member in good  standing, and must have been actively engaged as an active Member for a minimum of  two (2) years preceding the date of election.

Article VIII Election of the Board

8.1 Nomination Committee

The Board shall at its first meeting appoint a Nominating Committee of at least three  (3) members. It shall be the duty of the Nominating Committee to select persons  willing to stand as a Board Member. The Committee shall report to the Membership  their slate of nominees forty-five (45) days preceding the Annual General Meeting.  Nominations may also be made by voting Members attending the AGM when a call for  nominations from the floor is made.

8.2 Composition of the Board

8.2.1 The Board shall consist of the Past-President, President, Vice-President, Treasurer,  Secretary, and five (5) other elected directors.

8.2.2 The Board shall transact the business of the Association and perform the duties as defined  in these By-Laws.

8.3 Executive Officers

8.3.1 The Executive Officers consists of the President, Past President, Vice-President, Treasurer and Secretary.

8.3.2 The Executive Officers are elected by the voting Membership for a one (1) year  term.

8.3.3 The President and Vice President shall hold these offices for no more than two (2)  consecutive years.

8.3.4 The Treasurer and Secretary shall hold these offices for no more than three (3)  consecutive years.

8.3.5 The Past-President is an acclaimed position held by the immediate Past-President for up  to two (2) years. The Past-President shall be allowed to introduce motions and vote at all  meetings.

8.4 Vacancy of Office

Should the office of any director or the Executive Officer become vacant, the Board shall  appoint another Member of the Association to serve until the next AGM.

8.5 Eligibility to be a Director

8.5.1 The following persons are disqualified from being a director of the Association: 8.5.1.1 An individual who has been a Full Member for less than two (2) years;

8.5.1.2 An individual who is not a Member in good standing of the Association; 8.5.1.3 A person who is not an individual;

8.5.1.4 An individual who is under 18 years old;

8.5.1.5 An individual who has been found under the Ontario Substitute Decisions Act, 1992 or  under the Ontario Mental Health Act to be incapable of managing property;

8.5.1.6 An individual who has been found to be incapable by any court in Canada or elsewhere;  or

8.5.1.7 An individual who has the status of bankrupt.

8.5.2 Any director will be removed from office automatically if he/she becomes ineligible to be  a director.

8.6 Duties of the Executive Officers

8.6.1 Duties of the President

The President shall be the Chief Executive of the Association and shall be charged  with the supervision of the affairs and operations of the Association. The President  shall preside at all meetings of the Association and shall preserve order and decide all  questions of order. Challenge of a ruling of the President shall be subject to an  immediate, non-debatable vote of the Board, in which event a majority shall decide.  The President shall appoint all Committees with the approval of the majority of the  Board. The President may vote on any question before the Board, but if by doing so  there is an equality of votes, the question shall be decided in the negative.

8.6.2 Duties of the Vice-President

The Vice-President shall preside at all meetings of the Association when the President  is absent.

8.6.3 Duties of the Secretary

The Secretary shall keep and maintain all records of the Association and the Board and  keep minutes the affairs of the Association as often as shall be required by the Board, but  not less than once a year.

8.6.4 Duties of the Treasurer

The Treasurer shall cause to have the collection and retain in a depository designated by  the Board, all dues or other monies received by the Association. The Treasurer shall pay  or cause to have paid all obligations approved by the Board. All financial statements  made by the Treasurer shall be reviewed by a chartered account and audited as directed  by the Board.

The Treasurer shall cause to be maintained an official register of all Members and not  less than once a year, cause to be published, a list of all Members in good standing of the  Association.

8.6.5 Executive Director

An Executive Director may be employed by the Board for such term and at such salary  and under such contract provisions that the Board may set. The Board may from time to  time, hire such other persons as they shall deem necessary.

Article IX Mandatory Committees

9.1 The President shall nominate a Chair and at least three (3) active, Certified Members for  the following committees. The Board at the first Board meeting following the Annual  General Meeting will appoint the Committees.

9.1.1 Membership Committee

Terms of Reference: To establish and maintain policies and procedures to ensure  qualifications for Membership are met. The Association reserves the right to accept or  deny application for Membership or renewal of annual Membership.

9.1.2 Education Committee

Terms of Reference:

(i) To report and make recommendations to the Board regarding the formal  education of Hearing Instrument Specialists (H.I.S.) and Hearing Instrument  Dispensers (H.I.D.), consistent with Article 1.6 of the Objects of the Association.

(ii) To establish and maintain policies, procedures and guidelines for continuing  education requirements.

(iii) To establish and maintain policies and procedures for the Hearing Instrument  Specialist (H.I.S.) Internship program.

9.1.3 Quality Assurance Committee

Terms of Reference: To establish policy requirements to ensure high standards of  equipment and techniques in the testing of hearing, selection and fitting of hearing  instruments and where the practice includes it, in the removal of cerumen from the  external ear canal.

9.1.4 Professional Practice Committee

9.1.4.1 Terms of Reference: To establish and maintain policies and procedures; to hear all complaints concerning Members of the Association and report its findings to the Board. The Code as set out in Schedule 1 is interpreted and administered by the  Professional Practice Committee. The Board shall have the final authority.

9.1.4.2 Terms of Reference: Individuals making complaints of a criminal nature shall be encouraged to report their complaint to the police and to notify the Association of the  result, at which time appropriate action will be taken.

9.1.5 Public Relations Committee

Terms of Reference: To foster and encourage the development of a closer relationship  among the general public, Hearing Instrument Practitioners and other hearing health care  professionals.

9.1.6 Professional Relations Committee

Terms of Reference: To provide a unified voice in communication with the government  and negotiations with third party payors.

Article X Meetings

10.1 The rules contained in Perry’s Call to Order shall govern the affairs of the Association  except in instances of conflict between the said rules and the Association's By-laws, in  which case the By-laws of the Association shall prevail. In instances of conflict between  the Association's By-laws and provisions of law, the law shall prevail.

10.2 Board Meetings of this organization shall be held at a time and place to be determined  by the President.

10.3 The Annual General Meeting of this organization shall be held at a time and place to be  determined by the Board.

10.4 Special meetings of the Membership may be called by a majority of the directors  which call shall fix the time and place of such meeting, together with the purpose or  purposes of such meeting, (only such business as conforms with the announced purpose  or purposes of the special meeting may be transacted at such meeting), notice of any  special meeting shall be mailed to the Membership not less than thirty (30) days  preceding the date fixed for such meetings.

10.5 A majority of not less than fifty percent (50%) of voting registrants to any annual or  special meeting shall be necessary to constitute a quorum at any such meeting.

10.6 Notice of AGM shall be given to all Members not less than thirty (30) days preceding  the date of such meetings.

10.7 The business meeting shall be attended only by Members in good standing and guests  approved by a majority of the voting Members present.

Article XI Conflict of Interest

11.1 A director or officer of the Association who,

11.1.1 is a party to a material contract or transaction or proposed material contract or transaction  with the Association (“Contract” and “Transaction”); or

11.1.2 is a director or an officer of, or has a material interest in, any person who is a party to a  Contract or Transaction, shall disclose to the Association or request to have entered in  the minutes of meetings of the Board the nature and extent of his or her interest.

11.2 The disclosure required by Section 11.1 must be made, in the case of a director, 11.2.1 at the Board meeting at which a proposed Contract or Transaction is first considered;

11.2.2 if the director was not then interested in a proposed Contract or Transaction, at the first Board meeting after he or she becomes so interested;

11.2.3 if the director becomes interested after a Contract is made or a Transaction is entered  into, at the first Board meeting after he or she becomes so interested; or

11.2.4 if a person who is interested in a Contract or Transaction later becomes a director, at the  first Board meeting after he or she becomes a director.

11.3 The disclosure required by Section 11.1 must be made, in the case of an officer who is  not a director,

11.3.1 forthwith after the officer becomes aware that the Contract or Transaction or proposed  Contract or Transaction is to be considered or has been considered at a meeting of  directors;

11.3.2 if the officer becomes interested after a Contract is made or a Transaction is entered into,  forthwith after he or she becomes so interested; or

11.3.3 if a person who is interested in a Contract or Transaction later becomes an officer,  forthwith after he or she becomes an officer.

11.4 Despite Sections 11.2 and 11.3, if Section 11.1 applies to a director or officer in respect  of a Contract or Transaction or proposed Contract or Transaction that, in the ordinary  course of the Association’s business, would not require approval by the Board or  Members, the director or officer shall disclose to the Association or request to have  entered in the minutes of meetings of the Board, the nature and extent of his or her  interest forthwith after the director or officer becomes aware of the Contract or  Transaction or proposed Contract or Transaction.

11.5 A director referred to in Section 11.1 shall not attend any part of a Board meeting during  which the Contract or Transaction is discussed and shall not vote on any resolution to  approve the Contract or Transaction unless the Contract or Transaction is,

11.5.1 one relating primarily to his or her remuneration as a director of the Association or an  organization affiliated with the Association;

11.5.2 one for indemnity or insurance; or

11.5.3 an organization affiliated with the Association.

11.6 If no quorum exists at a board meeting for the purpose of voting on a resolution to  approve a Contract or Transaction only because a director is not permitted to be present  at the Board meeting by reason of Section 11.5, the remaining directors are deemed to  constitute a quorum for the purposes of voting on the resolution.

11.7 A general notice to the board by a director or officer disclosing that he or she is a director or officer of or has a material interest in a person, or that there has been a material change  in the director’s or officer’s interest in the person, and is to be regarded as interested in  any Contract made or any Transaction entered into with that person is sufficient  disclosure of interest in relation to any such Contract or Transaction for the purposes of  this Article XI.

11.8 A Contract or Transaction for which disclosure is required under Section 11.1 is not void  or voidable, and the director or officer is not accountable to the Association or its  members for any profit or gain realized from the Contract or Transaction, because of the  director’s or officer’s interest in the Contract or Transaction or because the director was  present or was counted to determine whether a quorum existed at the meeting of directors  or of the committee of directors that considered the Contract or Transaction, if,

11.8.1 disclosure of the interest was made in accordance with this Article XI; 11.8.2 the Board approved the Contract or Transaction; and

11.8.3 the Contract or Transaction was reasonable and fair to the Association when it was  approved.

11.9 Despite anything in this Article XI, a director or officer, acting honestly and in good  faith, is not accountable to the Association or to its members for any profit or gain  realized from any Contract or Transaction by reason only of his or her holding the office  of director or officer, and the Contract or Transaction, if it was reasonable and fair to the  Association at the time it was approved, is not by reason only of the director’s or officer’s  interest in it void or voidable if,

11.9.1 the Contract or Transaction is confirmed or approved by special resolution at a meeting  of the Members duly called for that purpose; and

11.9.2 the nature and extent of the director’s or officer’s interest in the Contract or Transaction  are disclosed in reasonable detail in the notice calling the Members’ meeting.

Article XII Making, Amending and Revoking By-Laws

12.1 These By-laws may only be amended, revised, repealed or added to in accordance with  the Act. The Executive Director shall, at least thirty days before a General Meeting of  Annual General Meeting at which time confirmation of a repeal amendment or other  reenactment of a By-Law is to be considered, provide written notice of the proposed  change to the By-Law, mailed or faxed to every Member.

Article XIII Revocation of Former By-Law

13.1 Subject to the provision of Article XII of these By-Laws becoming effective, all prior By Laws of the Association are revoked; provided that such revocation shall not affect the  previous operation of such By-laws so revoked or affect the validity of any act done or  right privilege, obligation or liability acquired or incurred under, or the validity of any  contract or agreements made pursuant to any such By-Laws prior to their repeal.

Article XIV Effective Date

14.1 These By-Laws shall come into force when passed by the Board subject to confirmation  of the Membership in the manner set out in Article XII.

 

PASSED by the Members and Sealed with the Corporate Seal of the Association the 22nd day of April, 2005.
Revised by the Members of the Association the 5`hday of May 2006.
Revised by the Members of the Association the 18th day of April 2008.
Revised by the Members of the Association the 6th day of May 2011.
Revised by the Members of the Association the 4th day of May 2012.
Revised by the Members of the Association the 2nd day of May 2014.
Revised by the Members of the Association the 6th day of May 2016.
Revised by the Members of the Association the 5th day of May 2017.

The Association of Hearing Instrument Practitioners of Ontario

Code of Professional Conduct – Schedule 1

Preamble

This Code of Professional Conduct sets standards of professional integrity and practice including;  legal requirements, conduct with patient/client, colleagues and other health care professionals and  the general public. 

As a condition of membership the Hearing Instrument Specialist H.I.S. and Hearing Instrument  Dispenser H.I.D. must pledge and adhere to the Code.  

AHIP Members have the obligation to act in the best interest of the patient, observe the law,  uphold the dignity and honour of the profession, and practice in accordance with ethical  principles.  

1.0 Application

This Code applies to all Members of the Association.

1.1 Section 1 – Legal

Members of the Association:

1.1.1 Will not violate any law, rule or regulation applicable to the provision of hearing instruments and associated devices.

1.1.2 Will not discriminate in the delivery of professional services on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, religion, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, or disability.

1.1.3 Hold in professional confidence all information and professional records concerning a patient/client and use such data only for the benefit of the patient/client as the patient/client directs and as the law demands.

1.1.4 It is the responsibility of the Hearing Instrument Practitioner to ensure that records of all tests performed and/or subsequent follow-up services are recorded. All records relating to the services provided to any client (including the case history, audiogram, all results of testing, referral information, follow-up services and dates) will be kept on file by the Hearing Instrument Practitioner for a minimum period of seven (7) years or 10 years past the 18th birthday of a minor.

1.1.5 Behave in a professionally exemplary manner refraining from physical, emotional, sexual, or financial abuse of patients/clients.

1.1.6 Practice within the limits of their competence as determined by their education, training and professional experience.

1.1.7 Accept and seek full responsibility for the exercise of judgment within their area of expertise.

1.1.8 Will not practice if a physical or mental impairment affects their ability to provide quality services.

1.2 Section 2 – Conduct with Patient/Client

Members of the Association:

1.2.1 Hold paramount the welfare of the patient/client.

1.2.2 Provide the best possible care and service to the patient/client.

1.2.3 Utilize all possible resources to ensure that quality service is provided; acknowledging the need for referral based on the Ontario Medical Association (OMA) Red Flag Criteria.

1.2.4 Offer counsel, understanding and technical assistance contributing towards their deriving the maximum benefit from their hearing instruments and associated devices.

1.2.5 Regularly participate in continuing education designed to improve quality services as administered by the education committee.

1.2.6 Apprise patients/clients of programs and services from which they may benefit.

1.2.7 Provide a realistic statement of outcome.

1.2.8 Clearly show hearing aid costs and service fees to ensure that the hard of hearing are well informed of the purchases they have made.

1.2.9 Will not delay furnishing care to patients/clients served professionally, without just cause.

1.2.10 Will not discontinue services to a patient/client without providing reasonable notice of withdrawal, provided that all contractual obligations have been satisfied.

1.3 Section 3 – Conduct with Colleagues & Other Health Care Professionals

Members of the Association:

1.3.1 Keep the welfare of the patient/client uppermost at all times and conduct himself/herself at all times in a manner, which will enhance the status of the profession.

1.3.2 Develop and maintain positive professional relationships with their colleagues and other hearing care professionals.

1.3.3 Avoid personal invective toward profession colleagues or other health care professionals.

1.3.4 Will not engage in any activity that will bring discredit to the profession and shall expose without fear or favour, illegal or unethical conduct in the profession.

1.3.5 Will not agree to participate under terms or conditions which tend to interfere with or impair the proper exercise of professional judgment and skill, or which tend to cause a deterioration of the quality of services, or which require consenting to unethical conduct.

1.3.6 Will not participate with colleagues or any other person in agreements to divide fees to exploit financially a patient/client when rendering professional services.

1.3.7 Will not use an official or elective position in the Association for personal financial gain.

1.4 Section 4 – Conduct with General Public

Members of the Association:

1.4.1 Conduct himself/herself at all times in a manner, which will enhance the status of the profession.

1.4.2 State only true facts and use only material considered ethical and in compliance with existing laws, rules and regulations or policies governing advertising. Not advertise products or services as free, no cost complimentary or no obligation if there are in fact any direct or indirect costs or obligations. The use of the word “free” when referring to professional services or products does not promote a high standard of professionalism and is strongly discouraged.

1.4.3 Display their certificates prominently.

1.4.4 Post the AHIP Recommended Fee Guide in a prominent location, visible to the public in all offices.

1.4.5 Will not use any symbol or depiction that denotes the medical profession.

1.4.6 Will not use any terms that may reasonably be said to confuse the public.

1.4.7 Maintain the standards and dignity of the profession in all media involvement.