G-1.021 - Act respecting the governance of the health and social services system

Section 794 Disposition versions

Not in force

Not in force

794. A monetary administrative penalty of $1,250 in the case of a natural person or $3,750 in any other case may be imposed by Santé Québec on

(1)  a private institution that fails

(a)  to create a watchdog committee in accordance with section 155 and subparagraph 1 of the first paragraph of section 346;

(b)  to establish a risk management committee in accordance with the first paragraph of section 174 and subparagraph 2 of the first paragraph of section 346;

(c)  to establish a users’ committee in accordance with section 179 and subparagraph 3 of the first paragraph of section 346;

(d)  to adopt a code of ethics in accordance with the first paragraph of section 350;

(e)  to appoint a person responsible for the quality of clinical services in accordance with the first paragraph of section 351;

(f)  to appoint a director of nursing care in accordance with the first paragraph of section 352 where no exemption has been granted by Santé Québec under the second or third paragraph of that section;

(g)  to establish and keep a record for each user in accordance with section 375;

(h)  to develop an intervention plan or an individualized service plan for a user under section 389 or 390;

(i)  to adopt a procedure for the application of control measures in accordance with section 393;

(j)  to adopt a procedure to regulate the confinement of persons in its facilities in accordance with section 394;

(k)  to comply with the conditions attached to its authorization under section 564; or

(l)  to send Santé Québec a cessation-of-activities plan, send it a complete plan or send it such a plan within the specified time limit in accordance with sections 608 and 616;

(2)  a specialized medical centre

(a)  that fails to comply with the conditions attached to its authorization under section 564;

(b)  that provides a specialized medical treatment not provided for in its authorization contrary to section 575;

(c)  whose board of directors or internal management board, contrary to the second paragraph of section 580, is not composed in the majority of physicians practising within the centre;

(d)  regarding which the shareholders of the legal person or the partners of the partnership, contrary to the third paragraph of section 580, have restricted the powers of the directors;

(e)  within which, contrary to section 581, the physicians practising are not exclusively physicians whose participation status with regard to the health insurance plan corresponds to that authorized for the specialized medical centre; or

(f)  that fails to appoint a medical and professional services director in accordance with section 591 or whose medical and professional services director does not practise within the centre contrary to that section;

(3)  a private seniors’ residence that fails

(a)  to send Santé Québec a cessation-of-activities plan, send it a complete plan or send it such a plan within the specified time limit in accordance with section 608; or

(b)  to comply with the conditions attached to its authorization under section 564; and

(4)  the operator of a place that fails to take the measures that Santé Québec requires under the second paragraph of section 700.

2023, c. 34, s. 794.