P-12 - Podiatry Act

Updated to 26 February 2003

This document has official status.

chapter P-12

Podiatry Act

The Minister of Justice is entrusted with the application of this Act. Order in Council 29-2016 dated 28 January 2016, (2016) 148 G.O. 2 (French), 1254.

DIVISION I DEFINITIONS

1. In this Act and the regulations made thereunder, unless the context indicates a different meaning, the following terms mean:

(a)  “Order” : the Ordre des podiatres du Québec constituted by this Act;

(b)  “Bureau” : the Bureau of the Order;

(c)  “podiatrist” or “member of the Order” : any person entered on the roll;

(d)  (paragraph repealed);

(e)  “roll” : the list of the members in good standing of the Order prepared in accordance with the Professional Code (chapter C-26) and this Act.

1973, c. 55, s. 1; 1974, c. 65, s. 92; 1977, c. 5, s. 229; 1994, c. 40, s. 437.

DIVISION II THE ORDRE DES PODIATRES DU QUÉBEC

2. All the persons qualified to practise podiatry in Québec constitute a professional order called the “Ordre professionnel des podiatres du Québec” or the “Ordre des podiatres du Québec”.

1973, c. 55, s. 2; 1977, c. 5, s. 229; 1994, c. 40, s. 438.

3. Subject to this Act, the Order and its members shall be governed by the Professional Code (chapter C-26).

1973, c. 55, s. 3.

DIVISION III THE BUREAU

4. The Order shall be administered by a Bureau constituted in accordance with the Professional Code.

1973, c. 55, s. 4.

5. (Repealed).

1973, c. 55, s. 5; 1994, c. 40, s. 439.

6. In addition to the duties provided in sections 87 to 93 of the Professional Code (chapter C-26), the Bureau must by regulation:

(a)  (subparagraph repealed);

(b)  determine from among the acts contemplated by section 7 those which, under certain prescribed conditions, may be performed by classes of persons other than podiatrists;

(c)  establish standards applicable to the form and content of verbal or written prescriptions made by podiatrists.

The Bureau shall, before making a regulation under subparagraph b of the first paragraph, consult the Office des professions du Québec and the professional orders to which the persons contemplated by such regulation belong or, if there are no such orders, the representative bodies of such classes of persons.

Sections 95.2 and 95.3 of the Professional Code apply to a regulation adopted pursuant to subparagraph c of the first paragraph.

1973, c. 55, s. 6; 1974, c. 65, s. 109; 1977, c. 5, s. 229; 1989, c. 30, s. 1; 1994, c. 40, s. 440; 2000, c. 13, s. 92.

DIVISION IV PRACTICE OF PODIATRY

7. Every act which has as its object the treatment of local disorders of the foot which are not systemic diseases constitutes the practice of podiatry.

1973, c. 55, s. 7.

8. A podiatrist may determine the podiatric treatment indicated, by clinical and radiological examination of the feet.

However, a podiatrist shall not make radiological examinations unless he holds a radiology permit issued in accordance with section 187 of the Professional Code (chapter C-26).

1973, c. 55, s. 8.

9. (Repealed).

1973, c. 55, s. 9; 1994, c. 40, s. 441.

10. (Repealed).

1973, c. 55, s. 10; 1994, c. 40, s. 441.

11. Every podiatrist is authorized to use the medications which he may need in the practice of his profession, and to administer and prescribe medications to his patients, provided that they are medications contemplated by the regulations made under section 12.

He may also issue attestations relating to the supplying of such medications.

1973, c. 55, s. 11.

12. The Office des professions du Québec shall prepare periodically, by regulation, after consultation with the Conseil du médicament, the Ordre des podiatres du Québec, the Ordre des médecins du Québec and the Ordre des pharmaciens du Québec, a list of the medications which a podiatrist may use in the practice of his profession or which he may administer or prescribe to his patients, and determine, where required, the conditions subject to which a podiatrist may administer and prescribe such medications.

1973, c. 55, s. 12; 1974, c. 65, s. 109; 1977, c. 5, s. 14, s. 229; 1989, c. 30, s. 2; 2002, c. 27, s. 41.

13. No podiatrist may sell orthopaedic shoes or prostheses.

Nor may a podiatrist have a direct or indirect interest in an undertaking for the manufacture or sale of orthopaedic shoes or prostheses. If an interest in such an undertaking devolves to him by succession or otherwise, he shall dispose of it immediately.

However, a podiatrist is authorized to manufacture, transform, alter or sell podiatric ortheses even if the podiatrist does not hold a permit issued under the Act respecting medical laboratories, organ, tissue, gamete and embryo conservation, and the disposal of human bodies (chapter L-0.2).

1973, c. 55, s. 13; 2000, c. 13, s. 93; 2001, c. 60, s. 166.

14. No person may practise podiatry under a name other than his own.

Nevertheless, podiatrists may practise their profession under the name of one or two or more of the partners.

1973, c. 55, s. 14.

15. A podiatrist shall not, with respect to the practice of his profession, designate himself as other than a podiatrist.

He shall not be authorized to call himself a specialist, or to indicate a specialty or particular training.

1973, c. 55, s. 15; 2000, c. 13, s. 94.

DIVISION V ILLEGAL PRACTICE OF PODIATRY

16. Subject to the rights and privileges expressly granted by law to other professionals, no person may perform any of the acts described in sections 7 and 8, unless he is a podiatrist.

The first paragraph does not apply to acts performed by a person belonging to a class of persons contemplated in a regulation adopted pursuant to subparagraph b of the first paragraph of section 6, provided he performs them under the conditions prescribed in the regulation.

In addition, the first paragraph does not apply to acts performed by a person in accordance with the provisions of a regulation adopted pursuant to paragraph h of section 94 of the Professional Code (chapter C-26).

1973, c. 55, s. 16; 1994, c. 40, s. 442.

17. Every person who contravenes section 16 is liable, for each offence, to the penalties provided in section 188 of the Professional Code (chapter C-26).

1973, c. 55, s. 17.

18. Nothing in this Act shall prevent a manufacturer or vendor of orthopaedic shoes or other orthopaedic appliances from adjusting such shoes or appliances at the time of their manufacture or sale.

1973, c. 55, s. 18.

DIVISION VI FINAL PROVISIONS

19. (Repealed).

1975, c. 80, s. 43; 1994, c. 40, s. 443.

20. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 55 of the statutes of 1973, in force on 31 December 1977, is repealed, except sections 19 to 22 and 23, effective from the coming into force of chapter P-12 of the Revised Statutes.