C-26, r. 112 - Regulation respecting the cessation of practice of a member of the Ordre professionnel des ergothérapeutes du Québec

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 112

Regulation respecting the cessation of practice of a member of the Ordre professionnel des ergothérapeutes du Québec

Professional Code

(chapter C-26, s. 91).

DIVISION I SCOPE

1. This Regulation applies to the disposal of the records, books, registers, apparatus and equipment of a member of the Ordre professionnel des ergothérapeutes du Québec who ceases to practise.

Notwithstanding the foregoing, this Regulation does not apply to an occupational therapist who is employed by a natural person or a legal person, who is a member or an employee of a partnership of occupational therapists or who practises in an 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), and who ceases to practise.

This Regulation shall, however, apply when all the members of a partnership of occupational therapists cease to practise.

O.C. 51-94, s. 1.

DIVISION II PERMANENT CESSATION OF PRACTICE

2. An occupational therapist who decides to permanently cease to practise shall, within 15 days before the date on which the cessation is to take effect, notify the secretary by registered mail of the date of cessation and of the name, address and telephone number of the occupational therapist who has agreed to be the transferee of the items referred to in section 1, and shall send a copy of the transfer agreement to the secretary.

Where the occupational therepist has not been able to arrange for a transfer, the notice to the secretary shall indicate the date on which the member will hand over the items referred to in section 1 to the secretary.

O.C. 51-94, s. 2.

3. Where an occupational therapist is permanently struck off the roll, or in the case of permit revocation, the secretary shall take possession of the items referred to in section 1 within 15 days following the event, unless the occupational therapist had arranged for a transfer, a copy of which shall be sent by the occupational therapist to the secretary within the same time.

O.C. 51-94, s. 3.

4. Upon the death of an occupational therapist, the secretary shall take possession of the items referred to in section 1 as soon as possible following the event of death, unless the occupational therapist had arranged a transfer in which case the transferee shall forward a copy to the secretary as soon as possible following the event of death.

O.C. 51-94, s. 4.

5. Where a transfer had been arranged for but cannot be carried out, the secretary shall take possession of the items referred to in section 1.

O.C. 51-94, s. 5.

6. Where an occupational therapist permanently ceases to practise, the transferee or the secretary, as the case may be, shall, within 30 days following the date on which the transferee or secretary takes possession of the items referred to in section 1,

(1)  have a notice published twice, at a 10-day interval, in a newspaper serving the region in which the occupational therapist practised; the notice shall state

(a)  the date of taking of possession and the reasons therefor;

(b)  the time that clients have to accept the transfer, to take back the items from the records that belong to them or to request that the items be transferred to another professional; and

(c)  the address and telephone number of the transferee or the secretary and the office hours during which that person can be reached; or

(2)  send a notice in writing to each client of the occupational therapist who has ceased to practise, stating the information prescribed in subparagraph 1.

Where the notice has been published, a notice in writing stating the information prescribed in subparagraph 1 shall also be sent to any client whose interests so warrant.

Where the notice is sent by the transferee, a copy shall likewise be sent to the secretary.

O.C. 51-94, s. 6.

7. Where a transferee or the secretary is in possession of the items referred to in section 1, that person shall take the necessary measures to safeguard the interests of the occupational therapist’s clients.

O.C. 51-94, s. 7.

8. A transferee or the secretary, as the case may be, shall respect a person’s right to consult and obtain copies of documents concerning the person and contained in a record made in the person’s regard. The fees for the copies shall be paid by the person wishing the copies.

O.C. 51-94, s. 8.

9. Where a transferee or the secretary takes possession of items referred to in section 1, that person shall keep the items for a period of not less than 5 years from the date of the last service rendered.

During that period, the secretary may transfer the items referred to in section 1 to a transferee, in which case the transferee is bound by the requirements of section 6.

O.C. 51-94, s. 9.

DIVISION III TEMPORARY CESSATION OF PRACTICE

10. An occupational therapist who decides to temporarily cease to practise shall, within 15 days before the date on which the cessation is to take effect, notify the secretary by registered mail of the date of cessation, of the name, address and telephone number of the occupational therapist who has agreed to be the provisional custodian of the items referred to in section 1, and shall send a copy of the provisional custodianship agreement to the secretary.

Where it has not been possible to arrange for provisional custodianship, the occupational therapist shall so inform the secretary, who shall then notify the occupational therapist of the date on which the secretary or the provisional custodian appointed for that purpose by the board of directors will take possession of the items referred to in section 1.

O.C. 51-94, s. 10.

11. In the case of an occupational therapist temporarily stuck off the roll or under permit suspension, the secretary shall take possession of the items referred to in section 1 within 15 days of the event, unless the occupational therapist had arranged for provisional custodianship, a copy of which shall be sent by the occupational therapist to the secretary within the same time.

Where the occupational therapist has not been able to arrange for provisional custodianship within that time, the secretary shall take possession of the items referred to in section 1, unless a provisional custodian has been appointed for that purpose by the board of directors.

O.C. 51-94, s. 11.

12. Where provisional custodianship has been arranged for but cannot be carried out, the secretary shall take possession of the items referred to in section 1.

O.C. 51-94, s. 12.

13. Sections 7 and 8 apply to a provisional custodian or to the secretary where that person takes possession of the items referred to in section 1 pursuant to this Division.

O.C. 51-94, s. 13.

14. Where an occupational therapist is temporarily struck off the roll or is under practice suspension for more than 6 months, the provisional custodian or the secretary is bound by the requirements of section 6.

O.C. 51-94, s. 14.

DIVISION IV RESTRICTION OF THE RIGHT TO PRACTISE

15. Where a decision was made against an occupational therapist restricting the member’s right to practise and determining the professional acts that the occupational therapist is not authorized to perform, the member shall find a provisional custodian within 15 days of the date on which the restriction is to take effect for the items referred to in section 1 that relate to such unauthorized acts.

Where the occupational therapist has not been able to arrange for provisional custodianship within that time, the provisional custodian appointed for that purpose by the board of directors or the secretary shall take possession of the items referred to in section 1 that relate to such unauthorized acts.

O.C. 51-94, s. 15.

16. Sections 7 and 8 apply to a provisional custodian or to the secretary where that person takes possession of the items referred to in section 1 pursuant to this Division.

O.C. 51-94, s. 16.

17. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means for the preservation of the items referred to in section 1, provided their confidentiality is ensured.

O.C. 51-94, s. 17.

18. This Regulation replaces the Regulation respecting the records of an occupational therapist who ceases to practise (R.R.Q., 1981, c. C-26, r. 80).

O.C. 51-94, s. 18.

19. (Omitted).

O.C. 51-94, s. 19.

REFERENCES

O.C. 51-94, 1994 G.O. 2, 679

S.Q. 2008, c. 11, s. 212