C-26, r. 264 - Regulation respecting refresher training periods for professional technologists

Updated to 1 January 2016

This document has official status.

chapter C-26, r. 264

Regulation respecting refresher training periods for professional technologists

Professional Code

(chapter C-26, s. 94, par. j).

DIVISION I TRAINING PERIOD

1. If the board of directors of the Ordre professionnel des technologues professionnels du Québec considers that the level of competence of a professional technologist does not meet the standards required for the protection of the public, it may oblige a professional technologist to serve a refresher training period where:

(1)  his name is entered on the roll more than 5 years from the date on which he became entitled to the issue of such permit;

(2)  his name is re-entered on the roll after failing to have it entered thereon for more than 5 years;

(3)  his name is re-entered on the roll after if has been struck off for more than 5 years;

(4)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to sections 113 or 160 of the Professional Code (chapter C-26);

(5)  he has served a training period considered, in virtue of section 10, not in conformity with the objectives and the procedures determined by the board of directors.

O.C. 805-87, s. 1.

2. A training period may not be prescribed more than 6 months after the time at which a professional technologist becomes liable to have to serve such training period.

O.C. 805-87, s. 2.

3. The activities prescribed for a training period may include one or more of the following:

(a)  a period of practical training;

(b)  studies;

(c)  courses;

(d)  research work.

O.C. 805-87, s. 3.

4. A training period may not exceed 1,000 hours nor extend over a period of more than 12 consecutive months.

O.C. 805-87, s. 4.

5. The board of director’s decision to oblige a professional technologist to serve a training period must specify the objectives, duration and the procedures of the training period.

O.C. 805-87, s. 5.

6. The board of directors shall determine the place where and time when the training period must be held and shall designate one or more tutors, as necessary.

A tutor is a professional who must supervise whether a training period or part of a training period is in conformity with the objectives and the procedures determined by the board of directors.

O.C. 805-87, s. 6.

7. A tutor must submit a report to the board of directors within 15 days after completion of his task, stating, with reasons in support thereof, whether the trainee professional technologist acted, while under his supervision, in conformity with the objectives and the procedures determined by the board of directors.

O.C. 805-87, s. 7.

8. The trainee professional technologist or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.

O.C. 805-87, s. 8.

9. The tutor must send the trainee professional technologist a copy of the report pursuant to section 7 or 8 at the same time as he sends it to the board of directors.

O.C. 805-87, s. 9.

10. After study of each of the reports required under sections 7 and 8, the board of directors shall decide whether the training period has complied with the determined objectives and procedures.

O.C. 805-87, s. 10.

11. Within 15 days of the decision of the board of directors, the secretary shall inform the trainee professional technologist thereof, in conformity with section 15.

O.C. 805-87, s. 11.

DIVISION II LIMITATION OF PROFESSIONAL ACTIVITIES

12. The board of directors may, if it so considers necessary for the protection of the public, limit the right to practise of the trainee professional technologist during all or part of the training period, in particular in one or more of the following ways;

(1)  by determining when and where he is or is not authorized to practise;

(2)  by determining the professional acts which he is or is not authorized to perform;

(3)  by requiring that the professional acts that he is authorized to perform, or that certain of them, be performed under the supervision of another professional or a group of professionals.

O.C. 805-87, s. 12.

13. The board of directors’s decision to limit a trainee professional technologist’s right to practise must be transmitted to his employer, if any.

O.C. 805-87, s. 13.

DIVISION III DECISIONS OF THE BOARD OF DIRECTORS

14. Before prescribing a training period or limiting the right to practise of a trainee professional technologist, the board of directors must give the professional technologist concerned the opportunity to be heard. For such purpose, the board of directors must give the professional technologist a written notice of at least 15 days prior to the date of the hearing.

O.C. 805-87, s. 14.

15. The reasons for a decision prescribing a training period, limiting the right to practise of a trainee professional technologist, or ruling on the validity of a completed training period, must be given in writing and transmitted to the professional technologist concerned by service in accordance with the Code of Civil Procedure (chapter C-25.01) or by registered mail.

O.C. 805-87, s. 15; I.N. 2016-01-01 (NCCP).

16. The board of directors’s decision prescribing a training period or limiting the right to practise of a trainee professional technologist shall take effect 30 days after being sent to or served on the latter.

O.C. 805-87, s. 16.

17. During the training period, the board of directors may, upon application with reasons by the trainee professional technologist and communicated to his tutor, reduce the duration and requirements of the training period and reduce the conditions of any limitation of the right to practise of the trainee professional technologist.

O.C. 805-87, s. 17.

18. A professional technologist must comply with every decision of the board of directors given in accordance with this Regulation.

O.C. 805-87, s. 18.

DIVISION IV FINAL

19. (Omitted).

O.C. 805-87, s. 19.

REFERENCES

O.C. 805-87, 1987 G.O. 2, 1794

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