L-0.2 - Act respecting medical laboratories and organ and tissue conservation

Section 40.3.2 Disposition versions

2009-06-19

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  (subparagraph repealed);

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4;

(f)  acts for the benefit of a legal person, partnership or association for which a permit is issued who fails to fulfil the obligations imposed by this Act or the regulations.

In addition, the Minister has the same powers with respect to the holder of a medical imaging laboratory permit that

(1)  does not have the services provided in the laboratory accredited within three years after the permit is issued or does not subsequently maintain the accreditation;

(2)  fails to fulfil, or whose medical director fails to fulfil, the obligations imposed by this Act or the regulations; or

(3)  fails to maintain control over the operation of the laboratory, for instance if the Minister ascertains that the holder or the legal person, partnership or association for whose benefit the holder acts is not the owner or lessee of the laboratory facilities, is not the employer of the personnel required for the operation of the laboratory or does not have the authority required to allow radiologists who apply to practise in the laboratory to do so.

The Minister shall, before making such a decision, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

If the permit is a laboratory permit, the Minister shall also mention in the notice that the prohibition against remuneration if a permit is suspended, cancelled or not renewed, set out in the second paragraph of section 22.0.0.0.1 of the Health Insurance Act (chapter A-29), applies. The notice may be sent to the physicians practising in the laboratory concerned. Similarly, a decision by the Minister to suspend, cancel or refuse to renew the permit must state that the prohibition against remuneration applies. The Minister shall send a copy of any such decision without delay to the Régie de l’assurance maladie du Québec, which, upon receiving it, shall inform the physicians practising in the laboratory concerned that the prohibition against their being remunerated applies. An operator whose permit is suspended, revoked or not renewed must immediately inform the clientele of the laboratory concerned of the fact.

1988, c. 47, s. 11; 1990, c. 4, s. 695; 1997, c. 43, s. 457; 2008, c. 28, s. 3; 2009, c. 29, s. 27.

2008-06-20

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  (subparagraph repealed);

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4.

In addition, the Minister has the same powers with respect to the holder of a medical imaging laboratory permit that

(1)  does not have the services provided in the laboratory accredited within three years after the permit is issued or does not subsequently maintain the accreditation; or

(2)  fails to fulfil, or whose medical director fails to fulfil, the obligations imposed by this Act or the regulations.

The Minister shall, before making such a decision, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

1988, c. 47, s. 11; 1990, c. 4, s. 695; 1997, c. 43, s. 457; 2008, c. 28, s. 3.

1998-04-01

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  does not comply with an order given under section 40.3.3;

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4.

The Minister shall, before making such a decision, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

1988, c. 47, s. 11; 1990, c. 4, s. 695; 1997, c. 43, s. 457.

1990-10-01

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been convicted of an offence under this Act or the regulations, or has been convicted of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  does not comply with an order given under section 40.3.3;

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4.

1988, c. 47, s. 11; 1990, c. 4, s. 695.

1990-09-01

40.3.2. The Minister may suspend, revoke or refuse to renew the permit of any holder who

(a)  has been found guilty of an offence under this Act or the regulations, or has been found guilty of an indictable offence in connection with the operation of the service for which he holds a permit;

(b)  no longer fulfills the conditions required to obtain a permit;

(c)  is insolvent or about to become insolvent;

(d)  does not comply with an order given under section 40.3.3;

(e)  does not comply with a voluntary undertaking made pursuant to section 40.3.4.

1988, c. 47, s. 11.