Regulation Amendment - Spousal Exception

On August 29, 2025, an amendment to the College's General Regulation came into force that creates a "spousal exception" for Registered Opticians. Specifically, as a result of this amendment, it is no longer automatically considered sexual abuse for a Registered Optician to treat their spouse.

Importantly, this amendment does not mean that opticians should treat their spouse. In fact, as a general rule the College of Opticians of Ontario does not recommend that Registered Opticians treat their spouses, as doing so can lead to difficult or complicated situations where the lines between the personal and the professional become blurred.

It is also important to note that this exception applies only to spouses. A "spouse" is defined specifically as:

1. A person to whom the registrant is married (i.e. a legal spouse), or
2. A person who the registrant has lived with in a conjugal relationship outside of marriage continuously for a period of not less than three years (i.e. a common law partner/spouse)

 It continues to be sexual abuse for a Registered Optician to treat a sexual partner who is not their spouse.

FAQs

What has changed in the College's Regulation?

On August 29, 2025, the College's General Regulation was updated to include a new "spousal exception" for Registered Opticians. As a result of this update, it is no longer automatically considered sexual abuse for an optician to treat their spouse.

It may still be considered an act of professional misconduct for an optician to treat their spouse in a manner that fails to meet the Standards of Practice, Practice Guidelines, or Code of Ethics.

Can I provide treatment to my boyfriend/girlfriend/romantic partner if they're not my spouse?

No. The regulation change only applies to someone who meets the legal definition of spouse, specifically:

1. A person to whom the registrant is married (i.e. a legal spouse), or
2. A person who the registrant has lived with in a conjugal relationship outside of marriage continuously for a period of not less than three years (i.e. a common law partner/spouse)

It continues to be sexual abuse for a Registered Optician to treat a sexual partner who is not their spouse. The penalty for treating a sexual partner is mandatory revocation of the optician's license for a minimum period of 5 years. In addition, opticians are prohibited from entering into a sexual relationship with a former patient unless it has been at least one year since care was terminated.

Does this mean I can now start providing opticianry services to my spouse regularly?

No. While the regulation change removes the strict prohibition against opticians treating a spouse, this does not mean that opticians should do so regularly. As a general rule, the College of Opticians of Ontario does not recommend that Registered Opticians treat their spouses, as doing so can lead to difficult or complicated situations where the lines between the personal and the professional become blurred.

There may be limited circumstances where providing treatment to your spouse could be considered appropriate- for example, where an exception is made because the service is needed on an urgent basis and no other authorized dispenser is available. An optician who treats their spouse in these circumstances must still comply with all requirements under the Standards of Practice, including proper record keeping, and any applicable guidelines relating to the treatment of family members.

What do I need to know if it becomes necessary for me to treat my spouse?

• The person must meet the legal definition of spouse (see definition above)
• The sexual relationship must be kept entirely out of the office setting and the interaction where the service is taking place
• The optician must follow all professional formalities and maintain a professional distance just as they would for any other patient.
• The Standards of Practice, Practice Guidelines, and Code of Ethics apply to the interaction, just as they would for any other patient. This includes requirements that the optician:
  • Exercise professional judgment at all times (Standard 1)
  • Remain objective and professional (Standards 2, Code of Ethics)
  • Act in the patient's best interest, and put the patient's interests above their own personal or commercial interests (Standard 1)
  • Ensure continuity of care (Standard 2)
  • Take a full patient history (Standard 3)
  • Review with the patient the details of the prescription and the optical device being dispensed (Standard 3)
  • Ensure proper record keeping practices (Standard 5)
  • Maintain patient confidentiality (Standards 5, 6, Code of Ethics)
  • Ensure proper communication, comprehension, and informed consent (Standard 6, Code of Ethics)

 If you do not feel you can adhere to all of these requirements, you should not treat your spouse.

Am I permitted to treat family members or friends?

While not prohibited, as a general rule, the College does not recommend that opticians treat individuals with whom they have a close personal relationship, such as family members or friends. This is because, like with spouses, doing so can lead to difficult or complicated situations where the lines between the personal and the professional become blurred.

It is important to remember that all standards, guidelines, and ethical requirements continue to apply when treating a friend or family member, just as they would for any other patient. If it becomes necessary for an optician to treat a friend or family member, they should keep the following points in mind:

The optician must follow all professional formalities and maintain a professional distance just as they would for any other patient. 

• The Standards of Practice, Practice Guidelines and Code of Ethics apply to the interaction, just as they would for any other patient. This includes requirements that the optician:
  • Exercise professional judgment at all times (Standard 1)
  • Remain objective and professional (Standards 2, Code of Ethics)
  • Act in the patient's best interest, and put the patient's interests above their own personal or commercial interests (Standard 1)
  • Ensure continuity of care (Standard 2)
  • Take a full patient history (Standard 3)
  • Review with the patient the details of the prescription and the optical device being dispensed (Standard 3)
  • Ensure proper record keeping practices (Standard 5)
  • Maintain patient confidentiality (Standards 5, 6, Code of Ethics)
  • Ensure proper communication, comprehension, and informed consent (Standard 6, Code of Ethics)

 If you do not feel you can adhere to all of these requirements, you should not treat your family member or friends. 

Does this change apply to situations that occurred before the regulation change came into effect?

No. The change is not retroactive. If an optician treated their spouse before August 29, 2025, this is still considered to be sexual abuse.