Is a dental hygienist holding himself out as a practitioner?
Ontario, Canada
The following excerpt is from College of Opticians of Ontario v. City Optical Inc., 2009 CanLII 26920 (ON SC):
The respondents submit that an important criterion to be considered in determining whether or not a person is holding himself or herself out as a practitioner, which is missing from this case, is whether or not he or she uses a title. In my view, that criterion alone is not determinative of the issue of holding out. It is clear from the cases submitted by the parties that, if a person is performing unauthorized controlled acts without supervision, it can create a context in which a reasonable person would believe that the person who was carrying out the controlled acts is holding himself or herself out as a practitioner: College of Dental Hygienists of Ontario v. Tota, supra.
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