O-7, r. 7 - Regulation respecting the records of an optometrist who ceases to practise

Updated to 1 September 2012

This document has official status.

chapter O-7, r. 7

Regulation respecting the records of an optometrist who ceases to practise

Optometry Act

(chapter O-7, 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 optométristes du Québec;

(b)  “secretary” means the secretary of the Order;

(c)  “records” means the records, books and registers that an optometrist must keep in the practice of his profession;

(d)  “transferee” means the optometrist to whom are transferred the records of an optometrist upon the latter’s permanent cessation of practice;

(e)  “provisional custodian” means the optometrist to whom are entrusted the records of an optometrist during the latter’s temporary cessation of practice.

R.R.Q., 1981, c. O-7, r. 4, s. 1.01.

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

R.R.Q., 1981, c. O-7, r. 4, s. 1.02.

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technique for the preservation of records.

R.R.Q., 1981, c. O-7, r. 4, s. 1.03.

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

R.R.Q., 1981, c. O-7, r. 4, s. 1.04.

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

R.R.Q., 1981, c. O-7, r. 4, s. 1.05.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. Subject to sections 2.02 and 2.03, where an optometrist 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 that he shall cease to practise his profession effective from such date, 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-7, r. 4, s. 2.01.

2.02. When an optometrist ceases to practise his profession as a result of his being permanently struck off the roll, the secretary must ensure that the optometrist 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 optometrist who has been struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. O-7, r. 4, s. 2.02.

2.03. Upon the death of an optometrist, the secretary must, as soon as he is notified thereof, ensure that the successors of the optometrist find a transferee as quickly as possible.

R.R.Q., 1981, c. O-7, r. 4, 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 an optometrist who ceases permanently to practise, cause to be published twice, at an interval of 30 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 optometrist practised his profession, an advertisement prepared by the secretary of the Order indicating his address, telephone number and office hours and specifying that he is in possession of that optometrist’s records.

R.R.Q., 1981, c. O-7, r. 4, s. 2.04.

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

R.R.Q., 1981, c. O-7, r. 4, s. 2.05.

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

R.R.Q., 1981, c. O-7, r. 4, s. 2.06.

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

R.R.Q., 1981, c. O-7, r. 4, s. 2.07.

2.08. Subject to section 2.06, the secretary must retain for a minimum period of 5 years the records of the last 5 years of practice he has received pursuant to this Division.

R.R.Q., 1981, c. O-7, r. 4, s. 2.08.

DIVISION III TEMPORARY CESSATION OF PRACTICE

3.01. Subject to section 3.02, where an optometrist 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 that he ceases temporarily to practise his profession effective from such date, 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-7, r. 4, s. 3.01.

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

If a provisional custodian has not been found upon the expiry of that period, the records of the optometrist who is struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. O-7, r. 4, s. 3.02.

3.03. The provisional custodian must communicate to the clients of the optometrist whose records he has custody of, upon their request, 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 optometrist’s clients.

R.R.Q., 1981, c. O-7, r. 4, s. 3.03.

3.04. Section 2.04 applies, with the necessary modifications, to this Division except in the case where an optometrist ceases to practise as a result of a temporary striking off lasting under 6 months.

R.R.Q., 1981, c. O-7, r. 4, 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-7, r. 4, s. 3.05.

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

R.R.Q., 1981, c. O-7, r. 4, s. 3.06.

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

R.R.Q., 1981, c. O-7, r. 4, s. 3.07.

REFERENCES

R.R.Q., 1981, c. O-7, r. 4