D-3, r. 15 - Regulation respecting refresher training periods for dentists

Updated to 1 January 2016

This document has official status.

chapter D-3, r. 15

Regulation respecting refresher training periods for dentists

Dental Code

(chapter D-3, s. 3).

Professional Code

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

DIVISION I GENERAL PROVISIONS

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

(a)  “Order” means the Ordre des dentistes du Québec;

(b)  “dentist” means every person entered on the roll of the Order;

(c)  “training period” means a period of refresher training contemplated by this Regulation;

(d)  “trainee” means a dentist who is required to serve a training period;

(e)  “tutor” means a dentist responsible for verifying whether a training period or a part of it conforms with the objectives, terms and conditions determined by the board of directors;

(f)  “roll” means the list of members in good standing of the Order.

R.R.Q., 1981, c. D-3, r. 12, s. 1.01.

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

R.R.Q., 1981, c. D-3, r. 12, s. 1.02.

DIVISION II TRAINING PERIOD

2.01. The board of directors may, if it so considers necessary for the protection of the public, oblige a dentist to serve a training period, particularly in one or more of the following circumstances:

(a)  if a dentist is entered on the roll more than 5 years since he obtained his diploma or more than 5 years from the date on which he was entitled to the issuance of a permit;

(b)  if a dentist is re-entered on the roll after failing to be entered thereon for more than 5 years;

(c)  if a dentist is re-entered on the roll after being struck off for more than 5 years;

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

(e)  if a trainee has served a training period not considered to conform with the objectives, terms and conditions determined by the board of directors;

(f)  if a dentist, although entered on the roll of the Order, has ceased active practice of dental surgery for more than 5 years.

R.R.Q., 1981, c. D-3, r. 12, s. 2.01.

2.02. A training period may not be prescribed more than 180 days after the time during which a dentist may be required to serve such a training period.

R.R.Q., 1981, c. D-3, r. 12, s. 2.02; O.C. 133-86, s. 1.

2.03. A training period may, in particular, consist of one or several of the following activities:

(a)  a period of clinical training;

(b)  studies;

(c)  courses.

R.R.Q., 1981, c. D-3, r. 12, s. 2.03.

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

R.R.Q., 1981, c. D-3, r. 12, s. 2.04.

2.05. The board of director’s decision to oblige a dentist to serve a training period must specify the objectives, duration and the terms and conditions of that training period.

R.R.Q., 1981, c. D-3, r. 12, s. 2.05.

2.06. The board of directors shall determine the place where and time when the training period must be held and shall designate one or several tutors.

R.R.Q., 1981, c. D-3, r. 12, s. 2.06.

2.07. A tutor must, within 5 days following termination of his duties, submit a documented report to the board of directors stating whether the trainee, while under his charge, complied with the objectives, terms and conditions determined by the board of directors.

R.R.Q., 1981, c. D-3, r. 12, s. 2.07.

2.08. The board of directors may require that supplementary reports be submitted to it by the trainee or his tutor on the dates it determines.

R.R.Q., 1981, c. D-3, r. 12, s. 2.08.

2.09. The tutor must also send the trainee a copy of the report pursuant to section 2.07 or 2.08 at the same time as he sends it to the board of directors.

R.R.Q., 1981, c. D-3, r. 12, s. 2.09.

2.10. After studying each of the reports required pursuant to sections 2.07 and 2.08, the board of directors decides, within 30 days of termination of the training period, whether it was carried out in accordance with the objectives, terms and conditions it determined.

R.R.Q., 1981, c. D-3, r. 12, s. 2.10.

DIVISION III LIMITATION OF PROFESSIONAL ACTIVITIES

3.01. The board of directors may, if it so considers necessary for the protection of the public, limit a dentist’s right to practise in one or several of the following ways:

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

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

(c)  by requiring that certain professional acts be performed solely under the supervision of a tutor.

R.R.Q., 1981, c. D-3, r. 12, s. 3.01.

3.02. The board of director’s decision to limit a trainee’s right to practise must be transmitted to his employer, where applicable.

R.R.Q., 1981, c. D-3, r. 12, s. 3.02.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before prescribing a training period, limiting a dentist’s right to practise or deciding that a completed training period did not conform with the objectives, terms and conditions determined, the board of directors must give the dentist concerned the opportunity to be heard.

R.R.Q., 1981, c. D-3, r. 12, s. 4.01.

4.02. The reasons for a decision prescribing a training period, limiting a dentist’s right to practise, or ruling on the validity of a completed training period, must be given in writing and transmitted to the dentist in question by registered mail or in accordance with the Code of Civil Procedure (chapter C-25.01).

R.R.Q., 1981, c. D-3, r. 12, s. 4.02; I.N. 2016-01-01 (NCCP).

4.03. The board of director’s decision prescribing a training period or limiting a dentist’s right to practise shall take effect 30 days after being sent to or served on the latter.

R.R.Q., 1981, c. D-3, r. 12, s. 4.03.

4.04. During the training period, the board of directors may, upon a duly documented request by the tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the dentist’s right to practise.

R.R.Q., 1981, c. D-3, r. 12, s. 4.04.

4.05. A dentist must comply with every decision of the board of directors rendered in accordance with this Regulation.

R.R.Q., 1981, c. D-3, r. 12, s. 4.05.

4.06. In this Regulation, the powers of the board of directors may validly be exercised by the executive committee.

R.R.Q., 1981, c. D-3, r. 12, s. 4.06.

REFERENCES

R.R.Q., 1981, c. D-3, r. 12

O.C. 133-86, 1986 G.O. 2, 306

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