O-6, r. 12 - Regulation respecting refresher training periods and the limitation of the right of dispensing opticians to practise

Updated to 1 September 2012

This document has official status.

chapter O-6, r. 12

Regulation respecting refresher training periods and the limitation of the right of dispensing opticians to practise

Dispensing Opticians Act

(chapter O-6, 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 opticiens d’ordonnances du Québec;

(b)  “dispensing optician” means a person entered on the roll of the Order;

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

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

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

R.R.Q., 1981, c. O-6, r. 11, s. 1.01.

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

R.R.Q., 1981, c. O-6, r. 11, s. 1.02.

1.03. The sending of a document, as prescribed in sections 2.08, 2.09, 2.10, 3.02, 4.01 and 4.02, shall be by registered or certified mail, by hand-to-hand delivery to the addressee, or by bailiff in accordance with the Code of Civil Procedure (chapter C-25).

R.R.Q., 1981, c. O-6, r. 11, s. 1.03.

DIVISION II TRAINING PERIOD

2.01. If the board of directors considers that the level of competence of a dispensing optician does not meet the standards required for the protection of the public, it may oblige a dispensing optician to serve a training period where:

(a)  his name is entered on the roll more than 5 years since he obtained his permit or more than 5 years from 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 being struck off for more than 5 years;

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

R.R.Q., 1981, c. O-6, r. 11, s. 2.01.

2.02. A training period may not be prescribed more than 90 days after the time at which a dispensing optician is liable to have to serve such training period.

R.R.Q., 1981, c. O-6, r. 11, s. 2.02.

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

(a)  a period of practical training;

(b)  studies;

(c)  courses;

(d)  research work related to the practice of the profession.

R.R.Q., 1981, c. O-6, 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. O-6, r. 11, s. 2.04.

2.05. The decision of the board of directors to oblige a dispensing optician to serve a training period must specify the objectives, duration and the terms and conditions of that training period.

R.R.Q., 1981, c. O-6, r. 11, s. 2.05.

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

R.R.Q., 1981, c. O-6, r. 11, s. 2.06.

2.07. A tutor must 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 dispensing optician acted, while under his supervision, in conformity with the objectives and the terms and conditions determined by the board of directors.

R.R.Q., 1981, c. O-6, r. 11, s. 2.07.

2.08. The trainee dispensing optician 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. O-6, r. 11, s. 2.08.

2.09. The tutor must also send the trainee dispensing optician 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. O-6, r. 11, s. 2.09.

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

R.R.Q., 1981, c. O-6, r. 11, 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 the trainee dispensing optician’s right to practise during all or part of the training period, in particular in one or several of the following ways:

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

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

(c)  by requiring that the professional acts that he is authorized to perform, or that certain of them, be performed under the supervision of another dispensing optician or group of dispensing opticians.

R.R.Q., 1981, c. O-6, r. 11, s. 3.01.

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

R.R.Q., 1981, c. O-6, r. 11, s. 3.02.

3.03. The restrictions on the right to practise of a dispensing optician shall remain in force during the time period prescribed in section 2.10.

R.R.Q., 1981, c. O-6, r. 11, s. 3.03.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before prescribing a training period or limiting a trainee dispensing optician’s right to practise, the board of directors must give the dispensing optician concerned the opportunity to be heard. For such purpose, the board of directors must give the dispensing optician a written notice of at least 5 days of the date of the hearing.

R.R.Q., 1981, c. O-6, r. 11, s. 4.01.

4.02. The reasons for a decision prescribing a training period, limiting a trainee dispensing optician’s right to practise, or ruling on the validity of a completed training period, must be given in writing and transmitted to the dispensing optician in question.

R.R.Q., 1981, c. O-6, r. 11, s. 4.02.

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

R.R.Q., 1981, c. O-6, r. 11, s. 4.03.

4.04. During the training period, the board of directors may, upon a duly reasoned request by the trainee dispensing optician and communicated to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the trainee dispensing optician’s right to practise.

R.R.Q., 1981, c. O-6, r. 11, s. 4.04.

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

R.R.Q., 1981, c. O-6, r. 11, s. 4.05.

REFERENCES

R.R.Q., 1981, c. O-6, r. 11

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