O-6, r. 7 - Regulation respecting the records of a dispensing optician who ceases to practise

Updated to 1 September 2012

This document has official status.

chapter O-6, r. 7

Regulation respecting the records of a dispensing optician who ceases to practise

Dispensing Opticians Act

(chapter O-6, s. 3).

Professional Code

(chapter C-26, s. 91).

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)  “secretary” means the secretary of the Order;

(d)  “records” means the records, books and registers that a dispensing optician must keep in the practice of his profession;

(e)  “transferee” means the dispensing optician to whom are transferred the records of another dispensing optician upon the latter’s permanent cessation of practice;

(f)  “provisional custodian” means the dispensing optician to whom are entrusted the records of another dispensing optician during the latter’s temporary cessation of practice.

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

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

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

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means for the preservation of records provided that their confidentiality is respected.

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

1.04. In the case of a dispensing optician who is a member or an employee of a partnership of dispensing opticians or an employee of a natural or legal person, this Regulation shall not apply to the records of such partnership or employer used by that dispensing optician in the practice of his profession. This Regulation shall, however, apply when all the members of a partnership of dispensing opticians cease to practise.

R.R.Q., 1981, c. O-6, r. 6, s. 1.04.

1.05. An agreement respecting the transfer or provisional custody of the records of a dispensing optician who ceases to practise must be certified in writing and sent to the secretary.

R.R.Q., 1981, c. O-6, r. 6, s. 1.05.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. Subject to sections 2.02 and 2.03, where a dispensing optician ceases permanently to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a transferee, notify the secretary by registered or certified mail of the date on which he will cease to practise his profession, send him a copy of the agreement that he has concluded with the transferee and give him the name, address and telephone number of the transferee; or

(b)  if he has not found a transferee, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of his records on the date fixed for the cessation of his practice.

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

2.02. Where a dispensing optician ceases to practise his profession as a result of his being struck off the roll, the secretary must ensure that the dispensing optician who is struck off find a transferee within 60 days of the final decision regarding the striking off.

If a transferee has not been found upon the expiry of that period, the records of the dispensing optician who has been struck off shall be entrusted to the secretary.

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

2.03. Upon the death of a dispensing optician, the secretary must, as soon as he is notified thereof, ensure that the assigns of the dispensing optician find a transferee as quickly as possible.

R.R.Q., 1981, c. O-6, r. 6, s. 2.03.

2.04. The transferee or the secretary, as the case may be, must, within 30 days following the date on which he takes possession of the records of a dispensing optician who ceases permanently to practise, cause to be published twice, at an interval of 10 days, in at least one French language daily newspaper and, where applicable, in at least one English language daily newspaper circulated in the region in which that dispensing optician practised his profession, an advertisement indicating his address, telephone number and office hours and specifying that the records of that dispensing optician are in his possession.

The transferee must send to the secretary a copy of the advertisement contemplated in the first paragraph. He must also place such copy on the interior wall of his office and visible to the public.

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

2.05. The transferee or the secretary, as the case may be, must respect the right of a person to consult a prescription and other documents concerning him in any record made in his regard and to obtain a copy of such documents. The fees of the obtainment of such a copy shall be paid by the person who makes the request.

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

2.06. Where the secretary has custody of the records of a dispensing optician who has ceased permanently to practise his profession, he may at any time, after consulting that dispensing optician entrust the records to a transferee.

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

2.07. While he has custody of the records of a dispensing optician who has ceased permanently to practise his profession, the secretary must take the necessary preservation measures in order to safeguard the interests of that dispensing optician’s clients.

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

2.08. Subject to section 2.06, the secretary must retain for a minimum period of 5 years the records he receives pursuant to this Division. The secretary may destroy these records only after the expiry of such period.

R.R.Q., 1981, c. O-6, r. 6, s. 2.08.

DIVISION III TEMPORARY CESSATION OF PRACTICE

3.01. Subject to section 3.02, where a dispensing optician ceases temporarily to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a provisional custodian, notify the secretary by registered or certified mail of the date on which he will temporarily cease to practise his profession, send him a copy of the agreement that he has concluded with the provisional custodian and give him the date on which he intends to resume practising his profession together with the name, address and telephone number of the provisional custodian; or

(b)  if he has not found a provisional custodian, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of the records on the date fixed for the cessation of his practice.

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

3.02. Where a dispensing optician ceases to practise his profession as a result of his being temporarily struck off the roll, the secretary must ensure that the dispensing optician who is struck off find a provisional custodian within 15 days of the time limit for appeal or final decision regarding the striking off.

If a provisional custodian has not been found upon the expiry of that period, the secretary shall take custody of the records of the dispensing optician who is struck off.

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

3.03. The provisional custodian must communicate to the clients of the dispensing optician whose records are in his custody, the pertinent information respecting the progress of their record, keep such records up-to-date, and take the other necessary preservation measures in order to safeguard the interests of that dispensing optician’s clients.

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

3.04. Section 2.04 applies with the necessary modifications to this Division except in the case where a dispensing optician ceases to practise as a result of his being temporarily struck off for less than 6 months.

R.R.Q., 1981, c. O-6, r. 6, s. 3.04.

3.05. Sections 2.05 to 2.07 apply with the necessary modifications to this Division.

R.R.Q., 1981, c. O-6, r. 6, s. 3.05.

3.06. The secretary or provisional custodian, as the case may be, must return the records to the dispensing optician immediately upon termination of the period of temporary cessation of practice.

R.R.Q., 1981, c. O-6, r. 6, s. 3.06.

3.07. A dispensing optician who no longer wishes to resume practising his profession during or after the expiry of the period in which he has ceased temporarily to practise, must comply with Division II.

R.R.Q., 1981, c. O-6, r. 6, s. 3.07.

REFERENCES

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