C-26, r. 157 - Regulation respecting the records of a nursing assistant who ceases to practise

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 157

Regulation respecting the records of a nursing assistant who ceases to practise

Professional Code

(chapter C-26, s. 91).

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under section 91 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. C-26, r. 114, s. 1.01.

1.02. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec;

(b)  “secretary” means the secretary of the Order;

(c)  “member” means every person who holds a permit issued by the Order and who is entered on the roll of the latter;

(d)  “records” means the records, books and registers that a member must keep in the practice of his profession;

(e)  “transferee” means the member to whom are transferred the records of a member upon the latter’s permanent cessation of practice;

(f)  “provisional custodian” means the member to whom are entrusted the records of a member during the latter’s temporary cessation of practice.

R.R.Q., 1981, c. C-26, r. 114, s. 1.02.

1.03. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. C-26, r. 114, s. 1.03.

1.04. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technique for the preservation of records.

R.R.Q., 1981, c. C-26, r. 114, s. 1.04.

1.05. In the case of a member who is a partner or an employee of a partnership of professionals or an employee of a physical or legal person, this Regulation shall not apply to the records of such partnership or employer used by such member in the practice of his profession. This Regulation shall, however, apply when all the partners of a partnership of professionals cease to practise.

R.R.Q., 1981, c. C-26, r. 114, s. 1.05.

1.06. An agreement respecting the transfer or provisional custody of the records of a member who ceases to practise must be certified in writing and sent to the secretary.

R.R.Q., 1981, c. C-26, r. 114, s. 1.06.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. Subject to sections 2.02 and 2.03, where a member ceases permanently to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a transferee, notify the secretary, by registered or certified mail, that he will cease to practise his profession effective from such date, and give him the name, address and telephone number of the transferee; or

(b)  if he has not found a transferee, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of his records on the date fixed for the cessation of his practice.

R.R.Q., 1981, c. C-26, r. 114, s. 2.01.

2.02. Where a member ceases to practise his profession as a result of his being permanently struck off the roll, the secretary must ensure that the member who is struck off finds a transferee within 60 days of the final decision regarding the striking off.

If a transferee has not been found upon the expiry of that period, the records of the member who has been struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. C-26, r. 114, s. 2.02.

2.03. Upon the death of a member, the secretary must, as soon as he is notified thereof, ensure that the successors of the deceased member find a transferee as quickly as possible.

R.R.Q., 1981, c. C-26, r. 114, s. 2.03.

2.04. The transferee or the secretary, as the case may be, must, within 30 days following the date on which he takes possession of the records of a member who ceases permanently to practise:

(a)  notify, in writing, the patients of that member:

i.  of the fact that he is in possession of the latter’s records;

ii.  of his address, telephone number and business hours; and

iii.  of their right to consult another member;

(b)  cause to be published twice, at an interval of 10 days, in at least 1 French language daily newspaper and, where applicable, in at least 1 English language daily newspaper circulated in the region in which that member practised his profession an advertisement indicating his address, telephone number and office hours and specifying that he is in possession of that member’s records.

The transferee must send to the secretary a copy of the advertisement contemplated in subparagraph b of the first paragraph.

R.R.Q., 1981, c. C-26, r. 114, s. 2.04.

2.05. The transferee or the secretary, as the case may be, must respect the right of a person to take cognizance of the documents concerning him in any record made in his regard and to obtain copies of such documents. The fees for the obtainment of such copies shall be paid by the person who makes the request.

R.R.Q., 1981, c. C-26, r. 114, s. 2.05.

2.06. Where the secretary has custody of the records of a member who has ceased permanently to practise his profession, he may at any time, after consulting that member, entrust the records to a transferee.

R.R.Q., 1981, c. C-26, r. 114, s. 2.06.

2.07. While he has custody of the records of a member who has ceased permanently to practise his profession, the secretary must take the necessary preservation measures in order to safeguard the interests of that member’s patients.

R.R.Q., 1981, c. C-26, r. 114, s. 2.07.

2.08. Subject to section 2.06, the secretary must retain for a minimum period of 5 years the records he receives pursuant to this Division.

R.R.Q., 1981, c. C-26, r. 114, s. 2.08.

2.09. The records, books and registers received by the secretary of the Order shall be microfilmed and kept in trust by the secretary for a minimum period of 5 years.

R.R.Q., 1981, c. C-26, r. 114, s. 2.09.

2.10. The secretary of the Order may destroy such records, books and registers only after the period specified in section 2.09.

R.R.Q., 1981, c. C-26, r. 114, s. 2.10.

DIVISION III TEMPORARY CESSATION OF PRACTICE

3.01. Subject to section 3.02, where a member ceases temporarily to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a provisional custodian, notify the secretary by registered or certified mail that he ceases temporarily to practise his profession effective from such date, and give him the date on which he intends to resume practising his profession together with the name, address and telephone number of the provisional custodian; or

(b)  if he has not found a provisional custodian, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of the records on the date fixed for the cessation of his practice.

R.R.Q., 1981, c. C-26, r. 114, s. 3.01.

3.02. Where a member ceases to practise his profession as a result of his being temporarily struck off the roll, the secretary must ensure that the member who is struck off finds a provisional custodian within 15 days of the expiry of the delay for appeal or final decision regarding the striking off.

If a provisional custodian has not been found upon the expiry of that period, the records of the member who is struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. C-26, r. 114, s. 3.02.

3.03. The provisional custodian must communicate to the patients of the member whose records he has custody of, the pertinent information respecting the progress of their record, keep such records up to date, and take the other necessary preservation measures in order to safeguard the interests of that member’s patients.

R.R.Q., 1981, c. C-26, r. 114, s. 3.03.

3.04. Section 2.04 applies with the necessary modifications to this Division except in the case where a member ceases to practise as a result of a temporary striking off lasting under 6 months.

R.R.Q., 1981, c. C-26, r. 114, s. 3.04.

3.05. Sections 2.05 to 2.07 apply with the necessary modifications to this Division.

R.R.Q., 1981, c. C-26, r. 114, s. 3.05.

3.06. The secretary or provisional custodian, as the case may be, must return the records to the member immediately upon termination of the period of temporary cessation of practice.

R.R.Q., 1981, c. C-26, r. 114, s. 3.06.

3.07. A member who no longer wishes to resume practising his profession during or after the expiry of the period in which he has ceased temporarily to practise, must comply with Division II.

R.R.Q., 1981, c. C-26, r. 114, s. 3.07.

REFERENCES

R.R.Q., 1981, c. C-26, r. 114