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Décisions des tribunaux
P-10, r. 11
- Regulation respecting the terms and conditions for the issue of permits by the Ordre des pharmaciens du Québec
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er
septembre 2012
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chapter
P-10, r. 11
Regulation respecting the terms and conditions for the issue of permits by the Ordre des pharmaciens du Québec
PHARMACISTS — ISSUE OF PERMITS
Pharmacy Act
(chapter P-10, s. 10, 1st par., subpar.
b
)
.
P-10
Professional Code
(chapter C-26, ss. 93, par.
c
.1 and 94, par.
i
)
.
C-26
09
September
01
1
2012
DIVISION
I
PERMIT ISSUE
1
.
The board of directors of the Ordre des pharmaciens du Québec shall issue a permit to a person who
(
1
)
holds a diploma recognized by the Government under the first paragraph of section 184 of the Professional Code (chapter C-26) or a diploma or training recognized as equivalent by the Order;
(
2
)
holds a registration certificate, where applicable;
(
3
)
meets the requirements of the internship or has been granted an equivalence by the Order under Division II.1;
(
4
)
completes a permit application;
(
5
)
pays any fees or dues required for the issue of a permit; and
(
6
)
demonstrates a working knowledge of the official language of Québec in compliance with the provisions of the Charter of the French language (chapter C-11).
O.C. 231-93, s. 1
;
O.C. 542-2008, s. 1
.
DIVISION
II
INTERNSHIP
2
.
The board of directors shall admit to an internship a person who
(
1
)
(
a
)
successfully completes a program of studies leading to a diploma recognized by the Government under the first paragraph of section 184 of the Professional Code (chapter C-26); or
(
b
)
holds a diploma or training recognized as equivalent by the Order;
(
2
)
holds a registration certificate;
(
3
)
completes a registration application; and
(
4
)
pays the registration costs set in accordance with paragraph 8 of section 86.0.1 of the Code.
O.C. 231-93, s. 2
;
O.C. 542-2008, s. 2
.
3
.
An internship shall last 600 hours covering a period of not less than 15 weeks and not more than 1 year.
O.C. 231-93, s. 3
.
4
.
An internship shall be carried out under the constant supervision of a tutor or, as the case may be, of several tutors appointed by the board of directors from among the pharmacists who meet the conditions for becoming a tutor established in a resolution by the board of directors. The objective of the internship is to provide practical supervision to candidates in an authentic professional setting in a community pharmacy or a pharmacy in a health institution, enabling the candidates to practise, in particular,
(
1
)
the preparation and sale of prescription and non-prescription medications;
(
2
)
the communication of information to patients and health care professionals on the prescribed use of given medications or, where there is no prescription, on the recognized use of medications;
(
3
)
the organization and critical examination of the documentation required in a dispensary; and
(
4
)
the drawing up, updating, pharmacological study and use of patient records.
O.C. 231-93, s. 4
.
5
.
Within 30 days following the date on which an internship ends, the trainee shall draw up a report on the activities, showing that practical knowledge of the elements mentioned in section 4 has been acquired. The report shall cover, in particular,
(
1
)
where the internship took place;
(
2
)
basic activities;
(
3
)
the magistral preparation of prescription and non-prescription medications;
(
4
)
documentation;
(
5
)
the use of medications;
(
6
)
bibliographical research;
(
7
)
patient records;
(
8
)
the communication of information; and
(
9
)
pharmaceutical opinions.
O.C. 231-93, s. 5
.
6
.
The report on an internship shall be signed by the trainee and countersigned by the tutor or tutors, as the case may be, who shall certify that the trainee wrote the report, that the trainee personally performed all the professional acts described in the report and that the trainee completed the required number of hours of internship within the prescribed time limit.
O.C. 231-93, s. 6
.
7
.
Within 30 days following the end of each internship supervised, the tutor or tutors, as the case may be, shall draw up a trainee evaluation report and shall send in to the secretary of the Order. The report shall cover, in particular,
(
1
)
professionalism;
(
2
)
competence;
(
3
)
human relations;
(
4
)
personality; and
(
5
)
sense of discipline.
O.C. 231-93, s. 7
;
O.C. 542-2008, s. 3
.
8
.
The secretary of the Order must forward the internship report and the evaluation report to a committee formed by the board of directors pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26).
The committee must determine if the trainee has satisfied the requirements of the internship within 60 days following the date of receipt of the documents.
O.C. 231-93, s. 8
;
O.C. 542-2008, s. 4
.
9
.
The committee must inform the trainee of its decision in writing within 30 days of the decision.
If the trainee does not satisfy the requirements of the internship, the committee must also inform the trainee in writing of any elements to be completed and the procedure to be followed to satisfy the requirements.
O.C. 231-93, s. 9
;
O.C. 542-2008, s. 4
.
10
.
A trainee who is informed of the committee’s decision to the effect that the trainee has not satisfied the requirements of the internship may apply for review of the decision by a review committee. The review committee is formed by the board of directors pursuant to paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26). A member of the committee referred to in section 8 cannot sit on the review committee.
The trainee must make the review application to the secretary of the Order in writing within 30 days of receiving the decision.
The review committee has 60 days from the date of receipt of the review application to make its decision.
The secretary must inform the trainee of the date of the meeting at which the review application will be examined, by means of a notice sent by registered or certified mail at least 15 days before the date set for the meeting.
The trainee may send the secretary written submissions for the review committee at any time before the day set for the examination of the review application.
The decision of the review committee is final and must be sent to the trainee in writing by registered or certified mail within 30 days following the date of the meeting.
O.C. 231-93, s. 10
;
O.C. 542-2008, s. 4
.
DIVISION
II.1
INTERNSHIP EQUIVALENCE STANDARDS
O.C. 542-2008, s. 5
.
10.1
.
A person is granted the internship equivalence provided for in Division II if the person demonstrates having a level of knowledge and skills equivalent to the level attained by a person who has satisfied that condition.
In assessing the equivalence, the following factors are taken into particular account:
(
1
)
the nature and duration of the person’s work experience;
(
2
)
the fact that the person holds one or more diplomas awarded in Québec or elsewhere;
(
3
)
the nature and content of courses taken;
(
4
)
the nature and content of internships and other training activities; and
(
5
)
the total number of years of schooling.
O.C. 542-2008, s. 5
.
10.2
.
A person who wishes to have an internship equivalence under section 10.1 recognized must make an application as provided in Division II, with the necessary modifications.
Documents in a language other than French or English that are submitted in support of an application must be accompanied by a French translation certified under oath by the translator.
O.C. 542-2008, s. 5
.
DIVISION
III
TERMS AND CONDITIONS FOR THE REGISTRATION OF A STUDENT IN PHARMACY AND FOR REVOCATION OF SUCH REGISTRATION
11
.
The secretary of the Order shall keep a register of students in pharmacy and shall issue a registration certificate to any person who meets the requirements of section 12.
In this Regulation, “recognized university” means an educational institution that issues a diploma in pharmacy recognized in accordance with the Regulation made pursuant to the first paragraph of section 184 of the Code.
O.C. 231-93, s. 11
.
12
.
The secretary shall enter in the register of students in pharmacy any person who
(
1
)
is registered in a program of studies in pharmacy at a recognized university;
(
2
)
completes an application for registration and encloses all the required documents;
(
3
)
pays the registration costs set in accordance with paragraph 8 of section 8.0.1 of the Code; and
(
4
)
agrees to complete the undergraduate practical training program determined by the board of directors of the Order and to comply with the deadlines and requirements of that program.
The secretary shall likewise enter in the register of students in pharmacy any person who holds a diploma or training recognized as equivalent by the Order and who satisfies the requirements of subparagraphs 2 to 4 of the first paragraph. This Division applies to such a person with the necessary modifications.
O.C. 231-93, s. 12
;
O.C. 542-2008, s. 6
.
13
.
The board of directors shall revoke the registration of a student in pharmacy in the following instances:
(
1
)
where a student permanently withdraws from studies or is dismissed or expelled by the competent authorities of a recognized university before being awarded the diploma recognized as giving access to the permit issued by the Order or where, for at least 1 year, a student has not been registered in a program of studies in pharmacy at a recognized university; or
(
2
)
where a student fails to complete the undergraduate practical training program within the prescribed time or fails to meet the requirements of the undergraduate practical training program.
O.C. 231-93, s. 13
.
14
.
Where a student is in one of the situations mentioned in section 13, the secretary shall send a notice in writing, by registered mail, to inform the student that the student’s registration will be revoked upon the expiry of 30 days following the date on which the notice is received.
O.C. 231-93, s. 14
.
15
.
A student may continue to be registered if, within 30 days following receipt of the notice referred to in section 14, the student sends a notice in writing to the secretary, by registered mail, and establishes that the student has not permanently withdrawn from the program of studies in pharmacy, has not been dismissed or expelled, or has registered in a program of studies in pharmacy at another recognized university and that the student has not failed to complete the undergraduate practical training program and to comply with the deadlines and requirements of that program.
O.C. 231-93, s. 15
.
16
.
Where a student does not notify the secretary in accordance with section 15, the student’s registration shall be revoked upon the expiry of the time prescribed in section 14. From that date, the registration certificate issued to the student is deemed null and non-existent.
O.C. 231-93, s. 16
.
17
.
This Regulation replaces the Regulation respecting the terms and conditions for revoking the registration of a student in pharmacy (R.R.Q., 1981, c. P-10, r. 7), and the Regulation respecting terms and conditions for permits to be issued to pharmacists holding diplomas granted outside Québec (R.R.Q. 1981, c. P-10, r. 8).
O.C. 231-93, s. 17
.
18
.
(Omitted).
O.C. 231-93, s. 18
.
REFERENCES
O.C. 231-93, 1993 G.O. 2, 959
O.C. 542-2008, 2008 G.O. 2, 2120
S.Q. 2008, c. 11, s. 212
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