Optometrist Complaints, Investigations and Discipline in Ontario

When the College of Optometrists Contacts You

This page is for optometrists practising in Ontario, including those in retail, corporate and independent settings. Complaints often follow a missed or delayed diagnosis of eye disease, a dispute about a prescription or eyewear, or concerns about billing and business practices in optical settings.

Illustrative example, not an actual College letter

“The College has received a complaint from a patient who was later diagnosed with a retinal detachment. The patient alleges that symptoms reported at an eye examination at your office were not investigated. A copy of the complaint is enclosed; you will have an opportunity to respond.”

Who Investigates and Who Decides

Regulator: The College of Optometrists of Ontario, continued, under the Optometry Act, 1991. Its complaint, investigation and discipline procedures come from the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991 (“the Code”), which applies to every regulated health profession in Ontario.
Who investigates: The College’s Investigations and Resolutions department. In a Registrar’s investigation you must co-operate fully (Code, s. 76(3.1)).
Who decides at the investigation stage: A panel of the Inquiries, Complaints and Reports Committee (ICRC) (Code, s. 26). Minor complaints may instead be resolved through confidential, without-prejudice alternative dispute resolution if both sides agree, subject to the Registrar’s approval.
Who holds hearings: The Discipline Committee, the only committee that can discipline optometrists. Panels have three to five members, including at least two public members, and hearings are generally open to the public. The complainant is not a party at the hearing.

Authorized acts

Optometrists may communicate certain diagnoses, apply prescribed forms of energy, prescribe designated drugs, and prescribe or dispense subnormal vision devices, contact lenses and eyeglasses (Optometry Act, 1991, s. 4). Concerns about therapeutic prescribing are assessed against the drugs designated in the regulations.

Key timelines in the Code

The Registrar must notify you within 14 days of receiving a complaint or report (Code, s. 25(6)).
You may make written submissions to the Inquiries, Complaints and Reports Committee within 30 days of receiving that notice. The committee can shorten that time if it believes, on reasonable and probable grounds, that your conduct exposes or is likely to expose patients to harm or injury (Code, s. 25.2).
Complaints are expected to be disposed of within 150 days. If that is missed, the Registrar must give the complainant a new expected date no more than 60 days later (Code, s. 28).
With both your and the complainant’s consent, the Registrar can refer a complaint to alternative dispute resolution, but not if it involves an allegation of sexual abuse or has already been referred to discipline (Code, s. 25.1).

Common Issues in Optometrist Investigations

Missed or delayed diagnosis

Glaucoma, retinal detachment, diabetic retinopathy or neurological signs that were not detected, investigated or referred on time. The College’s Optometric Practice Reference (updated June 13, 2025) sets the standards it applies.

Prescribing

Prescribing therapeutic drugs outside those designated, or without appropriate assessment and follow-up.

Prescriptions, eyewear and contact lenses

Refusing or delaying release of a prescription, contact lens fitting and follow-up, and disputes about dispensing.

Business practices and billing

OHIP billing, fees for uninsured services, advertising, and conflicts in employment or retail arrangements.

Records and boundaries

Incomplete examination records, and boundary or sexual abuse allegations. The College has a zero-tolerance policy on sexual abuse, which carries mandatory penalties (Code, s. 51(5)).

What Can Happen Next

Complaint or Registrar’s investigation

After considering the investigation and your submissions, a panel of the Inquiries, Complaints and Reports Committee (ICRC) may take no further action; give advice or recommendations; require a specified continuing education or remediation program (SCERP); require you to appear to be cautioned; refer specified allegations of professional misconduct or incompetence to the Discipline Committee; or refer you for incapacity proceedings (Code, s. 26). Matters are also sometimes resolved through an undertaking, such as an agreement to restrict or monitor your practice. If the panel considers a complaint frivolous, vexatious, made in bad faith, moot or an abuse of process, it must give notice and allow 30 days for written submissions before declining to act (s. 26(4)–(5)).
Interim order

If the committee believes your conduct exposes or is likely to expose patients to harm or injury, it can suspend your certificate or impose terms, conditions or limitations while the matter continues (Code, s. 25.4(1)). You must normally receive notice and at least 14 days to make written submissions first, unless the risk is urgent (s. 25.4(6)–(7)). The order lasts until it is varied or the matter is finally resolved (s. 25.4(4)).
Discipline hearing

A panel of the Discipline Committee hears evidence and decides whether professional misconduct or incompetence is proven (Code, ss. 51, 52). If misconduct is found, it may revoke or suspend your certificate, impose terms, conditions and limitations, order a reprimand, or order a fine of up to $35,000 (s. 51(2)). Findings of sexual abuse carry mandatory orders, including revocation for the conduct listed in s. 51(5). The College must disclose the evidence from its investigation to you before the hearing.
Review or appeal

HPARB review: you or the complainant may ask the Health Professions Appeal and Review Board to review an ICRC decision on a complaint, except a referral to discipline or for incapacity proceedings (Code, s. 29(2)). The request must be made within 30 days after receiving the notice of the right to request a review that comes with the decision (s. 29(3)), and HPARB cannot extend that time by more than 60 days (s. 29(4)).

Divisional Court: discipline and fitness to practise decisions can be appealed on questions of law, fact or both (Code, s. 70). Orders based on incompetence, incapacity or certain sexual abuse findings, and orders in matters where an interim order was in place, take effect immediately despite an appeal (ss. 25.4(5), 71, 71.1).

Checklist: Responding to a College of Optometrists Complaint

Documents to gather

The College’s letter and the date you received it
The complete patient record, including case history, test results, retinal images, OCT and visual field printouts
Referral letters and any correspondence with ophthalmologists or family physicians
Prescriptions issued and dispensing records
Invoices, OHIP billing records and fee schedules
Your employment or contractor agreement, if you practise in a retail or corporate setting

Details to check in the notice

Complaint or Registrar’s investigation?
Your deadline for written submissions
Whether alternative dispute resolution is being offered
Whether an interim order is being considered

Rules and resources to consult

Health Professions Procedural Code, ss. 25–29, 51–52, 70–71 and 75–76
Optometry Act, 1991, including s. 4 and the regulations on designated drugs and professional misconduct
The College’s Optometric Practice Reference, and its policies and guidelines
Discipline Committee rules, if referred to a hearing
Your professional liability insurer

Frequently Asked Questions

What is alternative dispute resolution, and does it mean I admit fault?

The College describes ADR as a confidential, without-prejudice process with a mediator, available for some minor complaints. Both sides must agree, either can withdraw, and a resolution does not necessarily mean the optometrist admits fault. The Registrar must approve any agreement (see also Code, s. 25.1).

What is the difference between a complaint and a report?

A complaint is filed by someone, usually a patient or family member, who becomes a party and receives the decision. A report is information the Registrar acts on by appointing investigators (Code, s. 75), for example after a mandatory report from an employer or another professional. The same committee decides both, but HPARB review rights under s. 29 are tied to complaints.

Can I keep practising during the investigation?

Usually, yes. Your certificate is unaffected unless the committee makes an interim order (Code, s. 25.4) or you agree to an undertaking that limits your practice.

Will this appear on the public register?

The Code requires the public register to note cautions, SCERPs, acknowledgements and undertakings, and allegations referred to discipline (s. 23(2)). College by-laws can add more. Check what will be posted before agreeing to any resolution.

Sources

Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.

Regulated Health Professions Act, 1991, S.O. 1991, c. 18, Schedule 2 (Health Professions Procedural Code), ss. 23, 25–29, 51–52, 70–71, 75–76, 85.5 — e-Laws consolidation period beginning January 1, 2026; checked November 10, 2026.
Optometry Act, 1991, S.O. 1991, c. 35, ss. 4–5 — e-Laws consolidation period beginning January 1, 2026; checked November 10, 2026.
College of Optometrists of Ontario, “Filing a Complaint” — Checked November 10, 2026.
College of Optometrists of Ontario, “The Discipline Process” — Checked November 10, 2026.
College of Optometrists of Ontario, “Standards of Practice” (Optometric Practice Reference) — Checked November 10, 2026.
Health Professions Appeal and Review Board (role; Consolidated Rules of Practice and Procedure in effect May 4, 2026) — Checked November 10, 2026.