d-4, r. 8 - Regulation respecting the records of a denturologist who ceases to practise

Updated to 1 January 2016

This document has official status.

chapter D-4, r. 8

Regulation respecting the records of a denturologist who ceases to practise

Denturologists Act

(chapter D-4, 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 denturologistes du Québec;

(b)  “denturologist” means whoever is 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 denturologist must keep in the practice of his profession;

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

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

R.R.Q., 1981, c. D-4, r. 5, s. 1.01.

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

R.R.Q., 1981, c. D-4, r. 5, s. 1.02.

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

R.R.Q., 1981, c. D-4, r. 5, s. 1.03.

1.04. Where a denturologist is a member or an employee of a partnership of denturologists or an employee of a natural or legal person, this Regulation does not apply to the records of such partnership or employer that are used by that denturologist in the practice of his profession. This Regulation shall, however, apply when all the members of a partnership of denturologists cease to practise.

R.R.Q., 1981, c. D-4, r. 5, s. 1.04.

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

R.R.Q., 1981, c. D-4, r. 5, s. 1.05.

DIVISION II PERMANENT CESSATION OF PRACTICE

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

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

(b)  if he is unable to find a transferee, inform the secretary thereof by registered mail and advise him that he will give him custody of his records on the date set for the cessation of practice.

R.R.Q., 1981, c. D-4, r. 5, s. 2.01; I.N. 2016-01-01 (NCCP).

2.02. Where a denturologist ceases to practise his profession because he has been permanently struck off the roll, the secretary must ensure that the denturologist who is struck off finds 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 denturologist who has been struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. D-4, r. 5, s. 2.02.

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

R.R.Q., 1981, c. D-4, r. 5, s. 2.03.

2.04. Within 30 days following the date on which he takes possession of the records of a denturologist who permanently ceases to practise, the transferee or the secretary, as the case may be, must cause to be published twice, at an interval of 10 days, in at least 1 French language daily newspaper and, where applicable, in at least 1 English language daily newspaper circulated in the region in which that denturologist practised his profession, an advertisement indicating his address, telephone number and office hours and stating that he is in possession of that denturologist’s records.

The transferee or the secretary, as the case may be, must notify, in writing, the clients of that denturologist:

(a)  that the latter’s records are in his possession;

(b)  of his address, telephone number and office hours; and

(c)  of their right to consult another denturologist.

The transferee must send the secretary a copy of the advertisement contemplated in the first paragraph.

R.R.Q., 1981, c. D-4, r. 5, s. 2.04.

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

R.R.Q., 1981, c. D-4, r. 5, s. 2.05.

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

R.R.Q., 1981, c. D-4, r. 5, s. 2.06.

2.07. While he has custody of the records of a denturologist who has permanently ceased to practise his profession, the secretary must take the necessary steps to ensure that the interests of that denturologist’s clients are properly safeguarded.

R.R.Q., 1981, c. D-4, r. 5, s. 2.07.

2.08. Subject to section 2.06, the secretary must retain the records he receives pursuant to this Division for a minimum of 5 years.

R.R.Q., 1981, c. D-4, r. 5, s. 2.08.

DIVISION III TEMPORARY CESSATION OF PRACTICE

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

(a)  if he has found a provisional custodian, notify the secretary by registered mail of the date on which he will temporarily cease to practise his profession and 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 mail and notify him that he will give him custody of the records on the date set for the cessation of his practice.

R.R.Q., 1981, c. D-4, r. 5, s. 3.01; I.N. 2016-01-01 (NCCP).

3.02. Where a denturologist ceases to practise his profession because of being temporarily struck off the roll, the secretary must ensure that the denturologist who is struck off finds a provisional custodian within 15 days of the expiry of the time allowed 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 denturologist who is struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. D-4, r. 5, s. 3.02.

3.03. The provisional custodian of a denturologist’s records must provide the clients of that denturologist with the pertinent information concerning the progress of their records, keep such records up to date, and take the necessary steps to ensure that the interests of those clients are properly safeguarded.

R.R.Q., 1981, c. D-4, r. 5, s. 3.03.

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

R.R.Q., 1981, c. D-4, r. 5, s. 3.04.

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

R.R.Q., 1981, c. D-4, r. 5, s. 3.05.

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

R.R.Q., 1981, c. D-4, r. 5, s. 3.06.

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

R.R.Q., 1981, c. D-4, r. 5, s. 3.07.

REFERENCES

R.R.Q., 1981, c. D-4, r. 5