C-16, r. 6 - Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter C-16, r. 6

Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec

Chiropractic Act

(chapter C-16, s. 3).

Professional Code

(chapter C-26, s. 90).

DIVISION I GENERAL PROVISIONS

1. A professional inspection pertains to the records, books and registers kept by a member of the Ordre des chiropraticiens du Québec in the practice of his profession, to the apparatus and equipment related to that practice, and to the chiropractor’s practice in general.

A professional inspection also pertains to documents and reports that the chiropractor helped to draw up and that are contained in the records, books and registers kept by his colleagues or by his employer, which may be an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5).

O.C. 1359-94, s. 1.

DIVISION II PROFESSIONAL INSPECTION COMMITTEE

2. The professional inspection committee of the Ordre des chiropraticiens du Québec shall be composed of 3 members, whom the board of directors shall choose from among chiropractors who have been practising for at least 3 years.

A person appointed to replace a committee member pursuant to section 110 of the Professional Code (chapter C-26) shall also be chosen from among chiropractors who have been practising for at least 3 years.

O.C. 1359-94, s. 2.

3. The committee members shall take office after taking the oath in Schedule II to the Code and shall remain in office until they die, resign, are replaced or are struck off the roll.

O.C. 1359-94, s. 3.

4. The committee shall hold its meetings on the dates and at the times and places that it or its chair determines.

O.C. 1359-94, s. 4.

5. The committee’s office staff shall take up their duties after taking the oath in Schedule II to the Code.

O.C. 1359-94, s. 5.

6. The committee’s office shall be situated at the head office of the Order and all the committee’s minutes, reports and other documents shall be kept at that office.

At that office, the secretary shall keep a register showing the date of each inspection or special inquiry, the address at which it was conducted, the name of the person who conducted it and the name of the chiropractor concerned.

O.C. 1359-94, s. 6.

7. Subject to section 10, only the committee members, the committee’s office staff and the members of the board of directors of the Order have, in the performance of their duties, access to the committee’s minutes, records and other documents.

O.C. 1359-94, s. 7.

DIVISION III OPENING OF A PROFESSIONAL RECORD

8. The committee shall open a professional record for every chiropractor who is the subject of an investigation or special inquiry conducted pursuant to this Regulation and shall keep that record up to date.

O.C. 1359-94, s. 8.

9. The professional record shall contain

(1)  general information on the chiropractor;

(2)  a summary of his academic qualifications;

(3)  a summary of his professional experience;

(4)  a report on the inspection or special inquiry;

(5)  any recommendation made by the committee subsequent to the inspection or special inquiry; and

(6)  any other document or information related to an inspection or special inquiry of which the chiropractor is the subject under this Regulation.

O.C. 1359-94, s. 9.

10. A chiropractor is entitled to consult his professional record and to obtain a copy thereof.

The committee members, the committee secretary and the members of the board of directors are also entitled, in the performance of their duties, to consult a professional record and to obtain a copy thereof.

O.C. 1359-94, s. 10.

DIVISION IV PROGRAM FOR GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION

11. The committee shall supervise chiropractors in the practice of their profession by following the program for general supervision of the practice of the profession established by the committee and approved in advance by the board of directors.

O.C. 1359-94, s. 11.

12. Every year, the board of directors shall send to all chiropractors the committee’s program for general supervision, without revealing any information that would make it possible to identify the persons who will be the subject of an inspection or special inquiry.

The committee’s program for general supervision may also be announced in a publication sent by the Order to its members.

O.C. 1359-94, s. 12.

DIVISION V GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION

13. At least 15 days prior to the date scheduled for an inspection, the committee shall, through its secretary, send to the chiropractor concerned a notice similar to the notice in Schedule I. The notice shall be sent by registered mail or by mail with acknowledgment of receipt.

A copy of the notice shall, where applicable, be sent to any person referred to in the second paragraph of section 1.

O.C. 1359-94, s. 13.

14. A chiropractor who is unable to receive the committee, a committee member or an investigator on the date scheduled shall, upon receipt of the notice, inform the committee secretary and arrange a new date with him.

Any person referred to in the second paragraph of section 1 shall be informed of the new date.

O.C. 1359-94, s. 14.

15. Where the committee, a committee member or an investigator ascertains that the chiropractor was unable to take cognizance of the notice, the committee shall schedule a new date for the inspection and shall notify the chiropractor in the manner prescribed in section 13.

A copy of the notice shall be sent to any person referred to in the second paragraph of section 1.

O.C. 1359-94, s. 15.

16. The committee, a committee member or an investigator may order the chiropractor or his clerk and, where applicable, any person referred to in the second paragraph of section 1 to allow access to the records, books, registers and other items referred to in section 1.

Where the records, books, registers and other items referred to in section 1 are kept by a third party, the chiropractor shall, on request, authorize that party to permit the committee, the committee member or the investigator to take cognizance thereof or make a copy thereof.

O.C. 1359-94, s. 16.

17. The committee, a committee member or an investigator may require that a person take an oath attesting to a statement made by him in connection with an inspection.

O.C. 1359-94, s. 17.

18. Every committee member or investigator shall, where so required, produce a certificate attesting to his capacity and signed by the committee secretary.

O.C. 1359-94, s. 18.

19. A chiropractor who is the subject of an inspection shall receive the committee, a committee member or an investigator and may be present during the inspection if he so desires.

The chiropractor may be assisted by any person of his choice.

O.C. 1359-94, s. 19.

20. The committee, the committee member or the investigator shall prepare an inspection report for study and shall send it to the committee secretary within 30 days following completion of the inspection.

The committee shall approve the report on the inspection, with or without amendments, and shall send a copy to the chiropractor.

O.C. 1359-94, s. 20.

21. Where, upon completion of the inspection, the committee, the committee member or the investigator has reason to believe that the chiropractor should be the subject of a special inquiry, that fact shall be indicated in the report on the inspection.

Notwithstanding section 9, a report containing such indication shall not be included in the professional record on the chiropractor unless a special inquiry is held.

O.C. 1359-94, s. 21.

DIVISION VI SPECIAL INQUIRY INTO A CHIROPRACTOR’S PROFESSIONAL COMPETENCY

22. At least 5 days prior to the date scheduled for a special inquiry, the committee shall, through its secretary, send the chiropractor concerned a notice similar to the notice in Schedule II. The notice shall be sent by registered mail, by bailiff or by mail with acknowledgment of receipt.

A copy of the notice shall be sent to any person referred to in the second paragraph of section 1.

Where sending the notice to the chiropractor or sending a copy of the notice to a person referred to in the second paragraph of section 1 may jeopardize the objectives of the special inquiry, the inquiry may be held without notice.

O.C. 1359-94, s. 22.

23. Where the committee, an investigator or an expert ascertains that the chiropractor was unable to take cognizance of the notice, the committee shall schedule a new date for the special inquiry and shall notify the chiropractor in the manner prescribed in section 22.

A copy of the notice shall be sent to any person referred to in the second paragraph of section 1.

O.C. 1359-94, s. 23.

24. The committee, an investigator or an expert may order the chiropractor or his clerk and, where applicable, any person referred to in the second paragraph of section 1 to allow access to the records, books, registers and other items referred to in section 1.

Where the records, books, registers and other items referred to in section 1 are kept by a third party, the chiropractor shall, on request, authorize that party to permit the committee, the investigator or the expert to take cognizance thereof or make a copy thereof.

O.C. 1359-94, s. 24.

25. The committee, an investigator or an expert may require that a person take an oath attesting to a statement made by him in connection with a special inquiry.

O.C. 1359-94, s. 25.

26. Every investigator or expert shall, where so required, produce a certificate attesting to his capacity and signed by the committee secretary.

O.C. 1359-94, s. 26.

27. A chiropractor who is the subject of a special inquiry shall receive the committee, an investigator or an expert and shall be present during the special inquiry if the committee or the investigator requires his presence.

The chiropractor may, if he so desires, be present during the special inquiry and may be assisted by any person of his choice.

O.C. 1359-94, s. 27.

28. The committee, the investigator or the expert shall prepare, for study, a report on the special inquiry and shall send it to the committee secretary within 30 days following completion of the special inquiry.

The committee shall approve the report on the special inquiry, with or without amendments, and shall send a copy to the chiropractor.

O.C. 1359-94, s. 28.

29. Sections 22 to 28 apply, with the necessary modifications, where a special inquiry is conducted by a committee member.

O.C. 1359-94, s. 29.

DIVISION VII STUDY OF THE REPORT ON THE INSPECTION OR SPECIAL INQUIRY

30. Where the committee, after studying the report on the inspection or special inquiry, has reason to believe that it is not expedient to recommend that the board of directors take any of the measures provided for in section 113 of the Code, the committee shall notify the chiropractor without delay or within 20 days following its decision and shall notify the board of directors at the first regular meeting thereafter.

Where the committee, after studying one of those reports, has reason to believe that it is expedient to recommend that the board of directors take any of the measures provided for in section 113 of the Code, the committee shall inform the chiropractor within the same period and shall permit him to be heard.

O.C. 1359-94, s. 30.

31. For the purpose of permitting the chiropractor to be heard, the committee shall send him a statement of facts similar to that in Schedule III. The statement of facts shall be sent by registered mail, by bailiff or by mail with acknowledgment of receipt, along with the notice referred to in the second paragraph of section 30, and shall comprise

(1)  a summary of the deficiencies observed;

(2)  a copy of the report on the inspection or special inquiry of which he was the subject;

(3)  the text of section 113 of the Code; and

(4)  a copy of this Regulation.

O.C. 1359-94, s. 31.

32. A chiropractor who wishes to be heard shall, within 10 days following receipt of the statement of facts, send the committee a written request for a hearing.

Failing such written request, the committee may proceed in his absence without further notice or delay, and, where applicable, may make its recommendations to the board of directors.

O.C. 1359-94, s. 32.

33. The committee shall convene a chiropractor who makes a request in accordance with section 32 by sending to him, by registered mail, by bailiff or by mail with acknowledgment of receipt, at least 30 days prior to the date scheduled for the hearing,

(1)  a notice similar to the notice in Schedule IV, signed by the committee secretary and specifying the date, time and place of the hearing; and

(2)  a statement of facts and reasons, and of the matters to be discussed.

The notice shall indicate that, should the chiropractor fail to appear for the hearing, the committee may proceed in his absence without further notice and, where applicable, may make its recommendations to the board of directors.

O.C. 1359-94, s. 33.

34. The committee shall have the oath by the chiropractor or by the witnesses administered by a person authorized to administer oaths.

O.C. 1359-94, s. 34.

35. The chiropractor or a witness is entitled to be represented by an advocate.

O.C. 1359-94, s. 35.

36. The hearing shall be public, unless the committee, at the chiropractor’s request, orders that it be closed to the public in the interests of public order, particularly in order to respect professional secrecy or to ensure the protection of a person’s privacy or reputation.

O.C. 1359-94, s. 36.

37. The committee may, upon request, grant a postponement or adjournment of the hearing in order to prevent a denial of justice and, in particular, in order to respect the right to representation by an advocate.

O.C. 1359-94, s. 37.

38. The committee may proceed by default where the chiropractor does not appear on the date and at the time and place scheduled.

O.C. 1359-94, s. 38.

39. The depositions shall be recorded or stenographed at the request of the chiropractor or of the committee, with each party paying his or its own costs, except for recording or stenographing costs, which they shall share equally.

O.C. 1359-94, s. 39.

40. The committee secretary shall record, in a special register, the minutes of the hearing and any recommendations made by the committee.

O.C. 1359-94, s. 40.

41. The minutes shall state whether the parties have waived the recording or stenographing of the depositions and, in such case, shall contain a summary thereof.

O.C. 1359-94, s. 41.

42. A committee member who conducted an inspection or special inquiry shall not participate in the hearing or in the resulting recommendations.

O.C. 1359-94, s. 42.

43. Any reasonable doubts as to the impartiality of a committee member shall be raised at the beginning of the hearing or as soon as the circumstances giving rise to such doubts become known.

O.C. 1359-94, s. 43.

44. Any recommendations by the committee shall be made by a majority vote of its members within 45 days following completion of the hearing. The recommendations shall include the reasons therefor, shall be signed by the committee members who concurred in them and shall be sent to the board of directors for its first meeting following their adoption and to the chiropractor concerned within 15 days following their adoption.

O.C. 1359-94, s. 44.

45. This Regulation replaces the Regulation respecting the procedure of the professional inspection committee of chiropractors (R.R.Q., 1981, c. C-16, r. 7).

O.C. 1359-94, s. 45.

46. (Omitted).

O.C. 1359-94, s. 46.

SCHEDULE I

(s. 13)

PROFESSIONAL INSPECTION COMMITTEE OF THE ORDRE DES CHIROPRATICIENS DU QUÉBEC

NOTICE OF INSPECTION

You are hereby notified that, under its program for general supervision of the practice of the profession for the current year, the professional inspection committee will conduct an inspection, particularly of your records, in your presence, on the __________ day of ______________________________ at __________ o’clock.

For that purpose, the following committee member(s) or investigator(s) has (have) been designated to meet with you ______________________________

Signed at ____________________________________________________________________________

On this ___________________________________ day of ____________________________________

Professional inspection committee

Per: ________________________________________________________________________________

Committee secretary

Important notice

The Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec (chapter C-16, r. 6) provides that a chiropractor who is the subject of an inspection shall receive the committee, a committee member or an investigator and shall be present when the inspection takes place. The Regulation also provides that the chiropractor may be assisted by any person of his choice.

O.C. 1359-94, Sch. I.

SCHEDULE II

(s. 22)

PROFESSIONAL INSPECTION COMMITTEE OF THE ORDRE DES CHIROPRATICIENS DU QUÉBEC

NOTICE OF SPECIAL INQUIRY

You are hereby notified that, under Division VI of Chapter IV of the Professional Code (chapter C-26) and under the Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec (chapter C-16, r. 6), the professional inspection committee will conduct a special inquiry into your professional competence, in your presence, on the __________ day of ______________________________, at your premises, at __________ o’clock.

For that purpose, the following committee member(s), investigator(s) or expert(s) has (have) been designated to meet with you ______________________________

Signed at ____________________________________________________________________________

On this ___________________________________ day of ____________________________________

Professional inspection committee

Per: ________________________________________________________________________________

Committee secretary

Important notice

The Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec provides that a chiropractor who is the subject of a special inquiry shall receive the committee, a committee member, an investigator or an expert and shall be present when the special inquiry takes place.

The Regulation also provides that the chiropractor may be assisted by any person of his choice.

O.C. 1359-94, Sch. II.

SCHEDULE III

(s. 31)

PROFESSIONAL INSPECTION COMMITTEE OF THE ORDRE DES CHIROPRATICIENS DU QUÉBEC

STATEMENT OF FACTS

I, the undersigned, ______________________________, secretary of the professional inspection committee of the Ordre des chiropraticiens du Québec, hereby declare that:

(1) On the __________ day of ______________________________, you were the subject of (an inspection under the program for general supervision of the practice of the profession) (a special inquiry into your professional competence)

(2) Following that (inspection) (special inquiry), a report was drawn up on the __________ day of ______________________________. A copy of that report is attached hereto;

(3) The report on that (inspection) (special inquiry) indicates that you experience difficulties in respect of (the practice of the profession) (your professional competence), particularly as regards:

(a) ______________________________________________________________________

(b) _____________________________________________________________________________

(c) _____________________________________________________________________________

(d) _____________________________________________________________________________

(4) If you wish to be heard, you must, within 10 days following receipt of this statement of facts, request in writing that the committee hold a hearing. Failing such request, the committee may proceed in your absence, without further notice, and, where applicable, may make its recommendations to the board of directors.

In witness whereof, I have signed at ______________________________________________________

On this ______________________________ day of ________________________________________

Professional inspection committee

Per: ________________________________________________________________________________

Committee secretary

O.C. 1359-94, Sch. III.

SCHEDULE IV

(s. 33)

PROFESSIONAL INSPECTION COMMITTEE OF THE ORDRE DES CHIROPRATICIENS DU QUÉBEC

NOTICE OF HEARING

TO: ________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

Be advised that, in accordance with section 33 of the Regulation respecting the professional inspection committee of the Ordre des chiropraticiens du Québec (chapter C-16, r. 6), a hearing is scheduled for the __________ day of ______________________________ at __________ o’clock, at the head office of the Order situated at ______________________________

In accordance with the Regulation, if you want the depositions made during the hearing to be recorded or stenographed, please notify the secretary of the professional inspection committee at least 10 days prior to the above-mentioned date.

You are also advised that, if you are not present on the date and at the time scheduled for the hearing, the committee may proceed in your absence, without further notice or delay, and, where applicable, may make its recommendations to the board of directors.

Please act accordingly.

Signed at ____________________________________________________________________________

On this ___________________________________ day of ____________________________________

Professional inspection committee

Per: ________________________________________________________________________________

Committee secretary

O.C. 1359-94, Sch. IV.

REFERENCES

O.C. 1359-94, 1994 G.O. 2, 4197

S.Q. 2008, c. 11, ss. 212 and 213