C-26, r. 164.1 - Regulation respecting the professional activities that may be engaged in by persons other than respiratory therapists

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chapter C-26, r. 164.1
Regulation respecting the professional activities that may be engaged in by persons other than respiratory therapists
Professional Code
(chapter C-26, a. 94, par. h).
DIVISION I
GENERAL
1. The purpose of this Regulation is to determine, among the professional activities that may be engaged in by members of the Ordre professionnel des inhalothérapeutes du Québec, those that may be engaged in by the following persons:
(1)  a respiratory therapy student, namely, a person registered in a program of studies leading to a diploma determined by regulation of the Government made under the first paragraph of section 184 of the Professional Code (chapter C-26) and giving access to the permit issued by the Order;
(2)  a respiratory therapy extern, namely, a respiratory therapy student who, for the last 20 months, has successfully completed the training courses specific to respiratory therapy for the first 2 years of a program of studies leading to a diploma giving access to the permit issued by the Order or a person eligible by equivalence who has successfully completed the theoretical courses of a program of studies determined by the board of directors of the Order for the purpose of being granted a training equivalence;
(3)  a person eligible by equivalence, namely, a person who is serving a training period or is registered in a program of studies determined by the board of directors of the Order for the purpose of being granted a training equivalence.
O.C. 1128-2012, s. 1; O.C. 1457-2022, s. 1; O.C. 1773-2022, s. 1.
2. Any person engaging in professional activities under this Regulation must engage in those activities in compliance with the ethical obligations applicable to members of the Order.
O.C. 1128-2012, s. 2.
DIVISION II
RESPIRATORY THERAPY STUDENTS
3. Among the professional activities that may be engaged in by members of the Order, the activities required for the purpose of completing a program of studies may be engaged in by a respiratory therapy student registered in a program if
(1)  the activities are engaged in by a respiratory therapy student as part of the program of studies;
(2)  the activities are engaged in by a respiratory therapy student under the supervision of a clinical professor, a clinical lecturer or a respiratory therapist who is available in order to intervene rapidly.
O.C. 1128-2012, s. 3.
4. A respiratory therapy student records the interventions in the patient’s record and signs each entry, followed by “r.t. trainee”.
O.C. 1128-2012, s. 4.
DIVISION III
RESPIRATORY THERAPY EXTERNS
5. A respiratory therapy extern may engage in the following professional activities in a general and specialized hospital centre and in a residential and long-term care centre operated by a public institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5):
(1)  setting up and monitoring equipment used to administer oxygen, and administering oxygen via the respiratory tract with the help of non-invasive apparatus, except devices that generate positive pressure;
(2)  administering aerosol therapy medications without positive pressure;
(3)  (paragraph replaced).
O.C. 1128-2012, s. 5; O.C. 1457-2022, s. 2.
6. To engage in the activities set out in section 5, a respiratory therapy extern must meet the following conditions:
(1)  provide the Order with an attestation, issued by an educational institution, that he or she is a respiratory therapy extern;
(2)  provide the Order with an attestation issued by an institution referred to in section 5, that it retained the respiratory therapy extern’s services;
(3)  have successfully completed an integration program lasting at least 15 days that allows the respiratory therapy extern to become familiar with the policies and directives of the institution referred to in section 5 and to perfect the knowledge and skills necessary to engage in the activities set out in that section;
(4)  be entered in the register of respiratory therapy externs held by the Order;
(5)  engage in those activities
(a)  according to an individual prescription;
(b)  under the supervision of a respiratory therapist who, in order to intervene rapidly, is present in the centre or, when the respiratory therapy extern engages in those activities in the emergency service or department, is present in the emergency service or department; and
(c)  with a patient whose state of health is not in a critical phase or does not require frequent adjustments.
Despite the foregoing, a respiratory therapy extern may not engage in those activities in the following places and sectors of activity: intensive care, the coronary care unit, the operating suite, the recovery room, neonatology and the cardiopulmonary function testing department.
O.C. 1128-2012, s. 6; O.C. 1457-2022, s. 3.
7. A respiratory therapy extern records the interventions in the patient’s record and signs each entry, followed by “r.t. extern”.
O.C. 1128-2012, s. 7.
DIVISION IV
PERSONS ELIGIBLE BY EQUIVALENCE
8. Among the professional activities that may be engaged in by members of the Order, the activities required to complete the program of studies or the training period prescribed for the purpose of being granted a training equivalence may be engaged in by a person eligible by equivalence if
(1)  the activities are engaged in by a person eligible by equivalence as part of the program of studies or training period;
(2)  the activities are engaged in by a person eligible by equivalence under the supervision of a respiratory therapist who is present in the centre in order to intervene rapidly.
O.C. 1128-2012, s. 8.
9. A person eligible by equivalence records the interventions in the patient’s record and signs each entry, followed by “p.el.eq. r.t.”.
O.C. 1128-2012, s. 9.
DIVISION V
OTHER PERSONS
10. A person who does not meet the conditions for the issue of a permit of the Order may continue to engage in the professional activities listed in paragraph 7 of section 37.1 of the Professional Code (chapter C-26) if the person was engaging in respiratory therapy on 7 February 1987 or if the person was legally engaging in those activities between 11 June 1980 and 13 March 1985 and if the person meets the conditions of practice that applied to the person at that time.
O.C. 1128-2012, s. 10.
11. A medical technologist may, according to a prescription and using the same technology and the same procedures, continue to administer the cardiopulmonary function tests that the medical technologist was performing on 30 January 2003.
O.C. 1128-2012, s. 11.
DIVISION VI
FINAL
12. This Regulation replaces the Regulation respecting the professional activities that may be engaged in by respiratory therapy externs (chapter C-26, r. 163) and the Regulation respecting the professional activities that may be engaged in by persons other than respiratory therapists (chapter C-26, r. 164).
O.C. 1128-2012, s. 12.
13. (Omitted).
O.C. 1128-2012, s. 13.
REFERENCES
O.C. 1128-2012, 2012 G.O. 2, 3451
O.C. 1457-2022, 2022 G.O. 2, 3250
O.C. 1773-2022, 2022 G.O. 2, 4010