120. The workers’ representatives or the employer’s representatives on the health and safety committee, the committee itself, or, if there is no committee, a certified association, or the employer, or, if there is no certified association, 10% of the workers may apply to the Administrative Tribunal of Québec to dismiss a physician in charge of health services from his duties in an establishment.
Similarly, a physician whose application, as contemplated in section 117, has not been accepted or, once accepted has not been renewed by person operating a hospital centre or a local community service centre may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec. A physician may also, within 150 days after filing his application and if no decision is transmitted within that time, refer the matter to the Tribunal as in the case of contestation of an unfavourable decision.
An application under this section must be based on the lack of qualifications, scientific incompetence, negligence or misconduct of the physician in charge.
1979, c. 63, s. 120; 1992, c. 21, s. 316; 1997, c. 43, s. 669.