C-26, r. 3 - Regulation respecting the activities engaged in and described in sections 39.7 and 39.8 of the Professional Code

Updated to 15 July 2021

This document has official status.

chapter C-26, r. 3

Regulation respecting the activities engaged in and described in sections 39.7 and 39.8 of the Professional Code

Professional Code

(chapter C-26, s. 39.9, 1st par.).

DIVISION I REHABILITATION CENTRES

O.C. 426-2008, s. 1.

1. The persons acting on behalf of a rehabilitation centre for mentally impaired persons or a rehabilitation centre for physically impaired persons referred to in paragraphs 1 and 2 of section 86 of the Act respecting health services and social services (chapter S-4.2) may engage in the activities described in sections 39.7 and 39.8 of the Professional Code (chapter C-26) when the persons are providing adjustment, rehabilitation and social integration services to a user of the centre.

O.C. 66-2004, s. 1; O.C. 634-2005, s. 1.

2. The activities may be engaged in on behalf of a rehabilitation centre for mentally impaired persons, at any place they are required, in particular within the scope of the residential program or socio-occupational program administered by the centre.

The activities may be engaged in on behalf of a rehabilitation centre for physically impaired persons, at any place they are required, within the scope of the residential program, the socio-occupational program administered by the centre or during outings within the scope of a socio-occupational program administered by the centre.

O.C. 66-2004, s. 2; O.C. 634-2005, s. 2; O.C. 426-2008, s. 2.

3. A person acting on behalf of a centre may engage in the activities referred to in section 1 on the following conditions:

(1)  the person learns how to perform the activities with a professional authorized by law to engage in such activities, namely a physician, a nurse, a nursing assistant, or a respiratory therapist;

(2)  the person is supervised the first time he or she engages in one of the activities by a professional authorized to engage in that activity or by any other person who has been acting on behalf of a centre for at least 6 months;

(3)  the person complies with the rules of nursing care in force in the centre; and

(4)  the person has access at all times to a professional authorized to engage in the activities.

A person who, on 30 January 2003, engaged in the activities referred to in section 1 on behalf of a centre is not required to fulfil the conditions set out in subparagraphs 1 and 2 of the first paragraph.

O.C. 66-2004, s. 3; O.C. 101-2013, s. 1.

DIVISION II SCHOOLS AND OTHER TEMPORARY ALTERNATIVE ENVIRONMENTS FOR CHILDREN

O.C. 426-2008, s. 3.

3.1. The persons acting on behalf of a school or other temporary alternative environment for children may engage in the activities described in section 39.7 of the Professional Code (chapter C-26) if an agreement to that effect has been entered into between the school service centre, school board, an institution as defined in section 54.1 of the Act respecting private education (chapter E-9.1) or temporary alternative environment and 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).

O.C. 426-2008, s. 3; O.C. 816-2021, s. 27.

3.2. A person acting on behalf of a school or other temporary alternative environment for children may engage in the activities referred to in section 3.1, at any place they are required, on the following conditions:

(1)  the person learns how to perform the activities with a professional from the institution authorized by law to engage in such activities, namely a physician, a nurse, a nursing assistant or a respiratory therapist;

(2)  the person is supervised the first time he or she engages in the activity by a professional from the institution authorized to engage in the activity;

(3)  the person complies with the rules of nursing care in force in the institution to which the agreement referred to in section 3.1 refers, where applicable; and

(4)  the person has access at all times to a professional authorized to engage in the activities.

O.C. 426-2008, s. 3; O.C. 101-2013, s. 2.

DIVISION III PRIVATE SENIORS’ RESIDENCES

O.C. 101-2013, s. 3.

3.3. For the purposes of this Division,

(1)  “local authority” means a local authority within the meaning of the Act respecting health services and social services (chapter S-4.2);

(2)  “care attendant” means a care attendant within the meaning of the Regulation respecting the conditions for obtaining a certificate of compliance and the operating standards for a private seniors’ residence (chapter S-4.2, r. 5.01);

(3)  “professional” means a physician, a nurse, a nursing assistant or a respiratory therapist;

(4)  “private seniors’ residence” means a private seniors’ residence whose services are intended for semi-independent elderly persons within the meaning of that Regulation.

O.C. 101-2013, s. 3.

3.4. A care attendant of a private seniors’ residence may engage, at any place they are required, in the activities described in sections 39.7 and 39.8 of the Professional Code (chapter C-26) on the following conditions:

(1)  an agreement on those activities has been entered into between the operator of the residence and the local authority of the territory where the residence is located. Such agreement must provide for mechanisms to be implemented by the operator to ensure the quality and continuity of the activities covered by this Regulation, particularly in the case of a change of care attendant or professional in the residence; and

(2)  the operator of the residence keeps a register containing

(a)  the name of the residence’s care attendant who is authorized to carry on those activities under this Division;

(b)  the name of the school service centre or school board that issued to the care attendant an official document attesting to the mastery of the skills related to those activities; and

(c)  the name and title of the residence’s professional or, failing that, of the professional who practises in a centre operated by the local authority of the territory where the residence is located, and who provides clinical support to and updates the knowledge and skills of the residence’s care attendant who is authorized to engage in the activities under this Division.

O.C. 101-2013, s. 3; O.C. 816-2021, s. 28.

3.5. To engage in the activities referred to in section 3.4, the care attendant of a private seniors’ residence must

(1)  have learned how to perform the activities with a school service centre or school board professional, with a residence’s professional or, failing that, with a professional who practises in a centre operated by the local authority of the territory where the residence is located;

(2)  hold an official document issued by a school service centre or school board attesting to the mastery of the skills related to the activities;

(3)  be supervised, the first time he or she engages in those activities, by a residence’s professional or, failing that, by a professional who practises in a centre operated by the local authority of the territory where the residence is located;

(4)  engage in the activities in accordance with the rules of nursing care in force in the local authority of the territory where the residence is located; and

(5)  have access at all times to a professional of the residence or, failing that, to a professional who practises in a centre operated by the local authority of the territory where the residence is located.

O.C. 101-2013, s. 3; O.C. 816-2021, s. 29.

4. (Omitted).

O.C. 66-2004, s. 4.

REFERENCES

O.C. 66-2004, 2004 G.O. 2, 989

O.C. 634-2005, 2005 G.O. 2, 2300

O.C. 426-2008, 2008 G.O. 2, 1329

O.C. 101-2013, 2013 G.O. 2, 381

O.C. 816-2021, 2021 G.O. 2, 2103