C-26, r. 114 - Regulation respecting the professional inspection committee of the Ordre professionnel des ergothérapeutes du Québec

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 114

Regulation respecting the professional inspection committee of the Ordre professionnel des ergothérapeutes du Québec

Professional Code

(chapter C-26, s. 90).

Replaced, Décision 2011-10-31, 2011 G.O. 2, 4960; eff. 2011-12-01, see c. C-26, r. 113.1

DIVISION I GENERAL

1. A professional inspection shall pertain to the records, books and registers kept by a member of the Ordre professionnel des ergothérapeutes du Québec in the practice of his profession, and the apparatus and equipment relating to that practice.

It shall also cover any documents or reports in which the occupational therapist has actually collaborated and which form part of the records, books and registers kept by his colleagues or by his employer, including 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 any property entrusted to him by a client.

O.C. 1420-92, s. 1.

DIVISION II PROFESSIONAL INSPECTION COMMITTEE

2. The professional inspection committee of the Order shall be composed of 7 members appointed by the board of directors from among the members of the Order who have practised their profession for at least 5 years.

O.C. 1420-92, s. 2.

3. The members of the committee shall take office after taking the oath contained in Schedule II to the Professional Code (chapter C-26) and shall remain in office until they die, resign, are replaced or are struck off the roll.

O.C. 1420-92, s. 3.

4. The committee shall hold its meetings on the date and at the time and place that it or its chair determines.

O.C. 1420-92, s. 4.

5. The board of directors shall designate the secretary of the committee.

O.C. 1420-92, s. 5.

6. The office of the committee shall be situated at the head office of the Order and all the records, books and registers of the committee shall be kept at that office.

The secretary of the committee shall keep a register showing the date of each inspection or special inquiry, the address at which it was conducted, the name of the occupational therapist in question and the name of the person who conducted the inspection or inquiry.

O.C. 1420-92, s. 6.

7. Subject to section 10, only the members of the committee, the secretary of the committee, the office staff of the committee and the president of the Order shall have access to the records, books and registers of the committee.

Prior to taking office, the secretary of the committee and the office staff of the committee shall take the oath contained in Schedule II to the Code.

O.C. 1420-92, s. 7.

DIVISION III DRAWING UP OF A PROFESSIONAL RECORD

8. The committee shall draw up and keep up to date a professional record for each occupational therapist who is the subject of an inspection or a special enquiry.

O.C. 1420-92, s. 8.

9. The professional record of the occupational therapist shall contain a summary of his training and experience as an occupational therapist and all the documents pertaining to any inspection or special enquiry of which he has been the subject.

O.C. 1420-92, s. 9.

10. The occupational therapist is entitled to consult his professional record and to obtain a copy thereof. The consultation shall take place at the office of the committee in the presence of one of its employees.

O.C. 1420-92, s. 10.

DIVISION IV GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION

11. The committee shall supervise the practice of the profession according to the program that it establishes and that the board of directors approves.

O.C. 1420-92, s. 11.

12. Each year, the board of directors shall send the committee’s program for general supervision to the members of the Order.

O.C. 1420-92, s. 12.

13. At least 14 days prior to the date of an inspection, the committee shall, through its secretary, send the occupational therapist in question a notice in accordance with Schedule I; that notice shall be sent by registered or certified mail.

O.C. 1420-92, s. 13.

14. If the occupational therapist in unable to receive the committee, a member of the committee or an investigator on the date indicated, he must, upon receipt of the notice, so notify the secretary of the committee and decide on another date with him.

O.C. 1420-92, s. 14.

15. Where the committee, a member of the committee or an investigator ascertains that the occupational therapist was unable to take cognizance of the notice, the committee shall fix a new date for the inspection and shall notify the occupational therapist in writing of that date.

O.C. 1420-92, s. 15.

16. The committee, a member of the committee or an investigator may order the occupational therapist, his employer, his mandatary or his employee to give the committee, the member of the committee or the investigator access to the records, books, registers and other elements referred to in section 1.

O.C. 1420-92, s. 16.

17. Where a person makes a statement relating to an inspection, the committee, a member of the committee or an investigator may request that the person attest to the statement by oath.

O.C. 1420-92, s. 17.

18. A member of the committee or an investigator must, if so required, produce a certificate attesting to his capacity and signed by his secretary.

O.C. 1420-92, s. 18.

19. An occupational therapist who is the subject of an inspection may be present or be represented by a mandatary.

O.C. 1420-92, s. 19.

20. The committee, the member or the investigator shall draw up an inspection report within 60 days following the date of completion of its inspection.

O.C. 1420-92, s. 20.

DIVISION V SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF AN OCCUPATIONAL THERAPIST

21. The committee or the member of the committee who, of his own initiative, conducts a special inquiry into the professional competence of an occupational therapist shall indicate the reasons for such an inquiry in the occupational therapist professional record.

O.C. 1420-92, s. 21.

22. At least 5 clear days prior to the date of the special inquiry, the committee shall, through its secretary, send the occupational therapist a notice in accordance with Schedule II; that notice shall be sent by registered or certified mail.

Where sending the notice could jeopardize the objectives pursued by the special inquiry, the inquiry may be held without notice.

O.C. 1420-92, s. 22.

23. The committee, a member, an investigator or an expert may order the occupational therapist, his employer, his mandatary or his employee to give the committee, the member, the investigator or the expert access to the records, books, registers and other elements referred to in section 1.

O.C. 1420-92, s. 23.

24. Where a person makes a statement relating to a special inquiry, the committee, a member, an investigator or an expert may request that the person attest to that statement by oath.

O.C. 1420-92, s. 24.

25. A member of the committee, an investigator or an expert must, if so required, produce a certificate attesting to his capacity and signed by its secretary.

O.C. 1420-92, s. 25.

26. An occupational therapist who is the subject of a special investigation may be present or be represented by a mandatary.

O.C. 1420-92, s. 26.

27. The committee, a member, an investigator or an expert shall draw up a report within 30 days following the date of completion of its special inquiry.

O.C. 1420-92, s. 27.

DIVISION VI RECOMMENDATIONS OF THE COMMITTEE FOLLOWING A SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF AN OCCUPATIONAL THERAPIST

28. Where the committee, after study of the special inquiry report, has reason to believe that it is not expedient to recommend that the board of directors take any of the measures provided for in section 113 of the Code, the committee shall so notify the board of directors and the occupational therapist in question within 15 days following its decision.

O.C. 1420-92, s. 28.

29. Where the committee, after study of the special inquiry report, has reason to believe that it is expedient to recommend that the board of directors take any of the measures provided for in section 113 of the Code, the committee shall so notify the secretary of the board of directors and the occupational therapist in question within 15 days following its decision and must permit the occupational therapist to be heard.

O.C. 1420-92, s. 29.

30. For the purposes of section 29, the committee shall summon the occupational therapist and send to him, by registered or certified mail at least 21 days prior to the date fixed for the hearing, the following information and documents:

(1)  a notice specifying the date, time and place of the hearing;

(2)  a statement of the facts and reasons that justify summoning him before the committee;

(3)  a copy of the special inquiry report concerning him drawn up by the committee;

(4)  a copy of section 113 of the Code.

O.C. 1420-92, s. 30.

31. The occupational therapist or a witness is entitled to be represented by an advocate. The committee may be assisted by an advocate.

O.C. 1420-92, s. 31.

32. The committee shall administer the oath to the occupational therapist or to a witness through a commissioner for oaths.

O.C. 1420-92, s. 32.

33. The hearing shall be held in camera unless the committee, at the request of the occupational therapist, decides that it is in the public interest not to hold the hearing in that manner.

O.C. 1420-92, s. 33.

34. The committee may proceed by default if the occupational therapist does not appear on the date and at the time and place fixed for the hearing.

O.C. 1420-92, s. 34.

35. The depositions shall be recorded or stenographed if the occupational therapist or the committee so requests. The costs of recording or stenography shall be paid by the person who requested it.

O.C. 1420-92, s. 35.

36. The committee and the occupational therapist shall pay their own costs.

O.C. 1420-92, s. 36.

37. The recommendations of the committee shall be made by a majority vote of its members within 60 days following the date of completion of the hearing. The recommendations shall include the reasons therefor, shall be signed by the members of the committee who concur in them and shall be sent without delay to the board of directors and to the occupational therapist in question.

O.C. 1420-92, s. 37.

38. This Regulation replaces the Regulation respecting the procedure of the professional inspection committee of occupational therapists (R.R.Q., 1981, c. C-26, r. 84).

O.C. 1420-92, s. 38.

39. (Omitted).

O.C. 1420-92, s. 39.

SCHEDULE I

(s. 13)

ORDRE PROFESSIONNEL DES ERGOTHÉRAPEUTES DU QUÉBEC

NOTICE OF INSPECTION

You are notified that, within the framework of the program for general supervision of the practice of the profession, the professional inspection committee will inspect the records, books, registers, apparatus and equipment relating to the practice of your profession on __________(day)__________ __________(month)__________ __________(year)__________ at __________ o’clock.

For that purpose, Ms. or Mr. ______________________________ member of the committee (expert) will be present at ______________________________.

SIGNED AT _________________________________________________________________________

ON ________________________________________________________________________________

day month year

The professional inspection committee

PER: _______________________________________________________________________________

(Secretary of the committee)

O.C. 1420-92, Sch. I.

SCHEDULE II

(s. 22)

ORDRE PROFESSIONNEL DES ERGOTHÉRAPEUTES DU QUÉBEC

NOTICE OF SPECIAL INQUIRY

You are notified that the committee will conduct, at the request of the board of directors (of its own initiative), a special inquiry into your professional competence on on __________(day)__________ __________(month)__________ __________(year)__________ at __________ o’clock.

For that purpose, Ms. or Mr. ______________________________ member of the committee (investigator) (expert) will be present at ______________________________.

SIGNED AT _________________________________________________________________________

ON ________________________________________________________________________________

day month year

The professional inspection committee

PER: _______________________________________________________________________________

(Secretary of the committee)

O.C. 1420-92, Sch. II.

REFERENCES

O.C. 1420-92, 1992 G.O. 2, 4524

S.Q. 2008, c. 11, ss. 212 and 213