M-8, r. 16 - Regulation respecting refresher training periods for veterinary surgeons

Updated to 1 September 2012

This document has official status.

chapter M-8, r. 16

Regulation respecting refresher training periods for veterinary surgeons

Veterinary Surgeons Act

(chapter M-8, 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 médecins vétérinaires du Québec;

(b)  “veterinary surgeon” means every person whose name is entered on the roll of the Order;

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

(d)  “veterinary surgeon trainee” means a veterinary surgeon required to serve a training period;

(e)  “tutor” means a veterinary surgeon responsible for verifying whether a training period or part of a training period is in compliance with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. M-8, r. 11, s. 1.01.

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

R.R.Q., 1981, c. M-8, r. 11, s. 1.02.

DIVISION II TRAINING PERIOD

2.01. If the board of directors is of the opinion that the level of competence of a member falls short of the requirements for the protection of the public, it may require a veterinary surgeon to serve a training period where:

(a)  his name is entered on the roll more than 5 years after he has obtained his permit or more than 5 years following the date on which he was entitled to the issuance of such permit;

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

(c)  his name is re-entered on the roll after having been struck off for a period of more than 5 years;

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

(e)  he has served a training period considered, in virtue of section 2.10, not to be in compliance with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. M-8, r. 11, s. 2.01.

2.02. A training period may not be imposed more than 90 days from the time when a veterinary surgeon is liable to be required to serve it.

R.R.Q., 1981, c. M-8, r. 11, s. 2.02.

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

(a)  a practical training period;

(b)  studies;

(c)  courses;

(d)  research work.

R.R.Q., 1981, c. M-8, r. 11, 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. M-8, r. 11, s. 2.04.

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

R.R.Q., 1981, c. M-8, r. 11, s. 2.05.

2.06. The board of directors shall determine where and when the training period will be held and, where necessary, designate one or several tutors.

R.R.Q., 1981, c. M-8, r. 11, s. 2.06.

2.07. A tutor shall submit a report to the board of directors within 5 days after completion of his mandate stating, with reasons in support thereof, whether the trainee has acted, while under his supervision, in conformity with the objectives and terms and conditions determined by the board of directors.

R.R.Q., 1981, c. M-8, r. 11, s. 2.07.

2.08. The veterinary surgeon trainee or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.

R.R.Q., 1981, c. M-8, r. 11, s. 2.08.

2.09. The tutor must also send the veterinary surgeon trainee a copy of the report that he submits to the board of directors pursuant to section 2.07 or 2.08.

R.R.Q., 1981, c. M-8, r. 11, s. 2.09.

2.10. After examination of each of the reports required pursuant to sections 2.07 and 2.08, the board of directors shall decide, with 20 days after completion of the training period, whether it is in compliance with the objectives and terms and conditions it has determined.

R.R.Q., 1981, c. M-8, r. 11, s. 2.10.

DIVISION III RESTRICTED PRACTICE OF VETERINARY MEDICINE

3.01. If it considers it necessary for the protection of the public, the board of directors may restrict the veterinary surgeon trainee’s right to practise during all or part of the training period, in any of the following ways:

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

(b)  by determining the professional capacity in which he is authorized or, on the contrary, he is not authorized to act;

(c)  by requiring that the professional acts that he is authorized to perform or certain professional acts be performed under the supervision of another veterinary surgeon or group of veterinary surgeons.

R.R.Q., 1981, c. M-8, r. 11, s. 3.01.

3.02. The board of director’s decision to restrict a veterinary surgeon trainee’s right to practise must be made known to his employer, where applicable.

R.R.Q., 1981, c. M-8, r. 11, s. 3.02.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before imposing a training period, restricting a veterinary surgeon trainee’s right to practise or deciding that a completed training period is not in compliance with the objectives and terms and conditions determined by the board of directors, the latter must give the veterinary surgeon concerned the opportunity to be heard.

R.R.Q., 1981, c. M-8, r. 11, s. 4.01.

4.02. The reasons for a decision imposing a training period, restricting a veterinary surgeon trainee’s right to practise, or ruling on the validity of a completed training period must be given in writing and served on the veterinary surgeon concerned in accordance with the Code of Civil Procedure (chapter C-25) or sent to him by registered or certified mail.

R.R.Q., 1981, c. M-8, r. 11, s. 4.02.

4.03. The board of director’s decision imposing a training period or restricting a veterinary surgeon trainee’s right to practise shall take effect 30 days after being sent to or served on the latter.

R.R.Q., 1981, c. M-8, r. 11, s. 4.03.

4.04. During the training period, the board of directors may upon a duly reasoned request made by the veterinary surgeon trainee and transmitted to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of restriction of the veterinary surgeon trainee’s right to practise.

R.R.Q., 1981, c. M-8, r. 11, s. 4.04.

4.05. A veterinary surgeon is required to comply with every decision of the board of directors rendered in accordance with this Regulation.

R.R.Q., 1981, c. M-8, r. 11, s. 4.05.

REFERENCES

R.R.Q., 1981, c. M-8, r. 11

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