P-12, r. 11 - Regulation respecting the procedure of the professional inspection committee of podiatrists

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter P-12, r. 11

Regulation respecting the procedure of the professional inspection committee of podiatrists

Podiatry Act

(chapter P-12, s. 3).

Professional Code

(chapter C-26, s. 90).

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under section 90 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. P-12, r. 8, s. 1.01.

1.02. In this Regulation, unless the context indicates otherwise,

(a)  “committee” means the professional inspection committee;

(b)  “records” means the records, books and registers kept by a podiatrist in the practice of his profession, and also:

i.  the documents or reports in which he has in fact collaborated in the records, books and registers kept by his colleagues or his employer, including 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 sevices for Cree Native persons (chapter S-5) or a laboratory within the meaning of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies (chapter L-0.2); and

ii.  any property that has been entrusted to him by a client;

(c)  “investigator” means the committee, one of its members or a person authorized to assist the committee in the exercise of its functions.

R.R.Q., 1981, c. P-12, r. 8, s. 1.02; S.Q., 1992, c. 21, s. 375.

1.03. The forwarding of a document, as prescribed in sections 2.04, 4.03, 4.05, 5.01, 6.03 and 6.11 shall be made by registered mail or certified delivery, by hand to hand delivery to the party concerned or by bailiff, in accordance with the Code of Civil Procedure (chapter C-25).

R.R.Q., 1981, c. P-12, r. 8, s. 1.03.

1.04. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. P-12, r. 8, s. 1.04.

DIVISION II COMMITTEE

2.01. The board of directors annually appoints the 3 members of the committee, and designates a secretary from among them. It also provides for the replacement of a member who is recused, is unable to act or resigns.

R.R.Q., 1981, c. P-12, r. 8, s. 2.01.

2.02. The office of the committee is situated at the head office of the Ordre des podiatres du Québec. All the minutes, reports and other documents of the committee are kept at the said office.

R.R.Q., 1981, c. P-12, r. 8, s. 2.02.

2.03. An investigator may not be party to an inspection or a recommendation respecting a podiatrist if he is in conflict of interest with respect to such podiatrist. There is conflict of interest in the case of an investigator who, in particular:

(a)  is related or allied to the podiatrist within the degree of cousin-german inclusively; or

(b)  is or has been the podiatrist’s partner, employer, employee or representative.

R.R.Q., 1981, c. P-12, r. 8, s. 2.03.

2.04. An application for the recusation of an investigator must be forwarded in writing to the secretary of the Order within 10 days of cognizance of the ground for recusation by the person invoking it. The secretary of the committee shall immediately notify:

(a)  the members of the committee;

(b)  the members of the board of directors; and

(c)  if need be, the investigator and podiatrist concerned.

R.R.Q., 1981, c. P-12, r. 8, s. 2.04.

2.05. The board of directors shall dispose of the application for recusation in the manner it considers appropriate.

R.R.Q., 1981, c. P-12, r. 8, s. 2.05.

2.06. The decisions and recommendations of the committee shall be made by the majority of the members. The reasons therefor must be given, written into the minutes and signed by those concurring therein.

R.R.Q., 1981, c. P-12, r. 8, s. 2.06.

2.07. The committee shall hold its sittings on the dates, at the hour and places determined by its chair.

R.R.Q., 1981, c. P-12, r. 8, s. 2.07.

DIVISION III DRAWING UP OF A PROFESSIONAL RECORD

3.01. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each podiatrist who is the object of an inspection under this Regulation.

R.R.Q., 1981, c. P-12, r. 8, s. 3.01.

3.02. The professional record contains a summary of the podiatrist’s academic qualifications and experience as well as all the records pertaining to the inspection of which he is the object under this Regulation.

R.R.Q., 1981, c. P-12, r. 8, s. 3.02.

3.03. A podiatrist is entitled to consult his record and to obtain a copy thereof.

R.R.Q., 1981, c. P-12, r. 8, s. 3.03.

DIVISION IV GENERAL SUPERVISION OF THE PRACTICE OF PODIATRY

4.01. The committee shall supervise the practice of the profession by the podiatrists according to the programme established by it.

R.R.Q., 1981, c. P-12, r. 8, s. 4.01.

4.02. Each year, the board of directors shall have published in the bulletin of the Order the committee’s general supervision programme.

R.R.Q., 1981, c. P-12, r. 8, s. 4.02.

4.03. At least 15 days before the date fixed for the verification of a podiatrist’s records by an investigator, the committee shall, through its secretary, send the podiatrist a notice in accordance with the form in Schedule A.

R.R.Q., 1981, c. P-12, r. 8, s. 4.03.

4.04. The podiatrist concerned must acknowledge receipt of the notice mentioned in section 4.03 within 5 days of its receipt. If he cannot receive the investigator on the prescribed date, he must decide on another date with the secretary of the committee.

R.R.Q., 1981, c. P-12, r. 8, s. 4.04.

4.05. When an investigator ascertains that the podiatrist was unable to take cognizance of the notice referred to in section 4.03, he shall so inform the committee which shall fix a new date for the verification and notify the podiatrist thereof.

R.R.Q., 1981, c. P-12, r. 8, s. 4.05.

4.06. An investigator must, if so required to do, produce a certificate attesting his capacity signed by the secretary of the committee.

R.R.Q., 1981, c. P-12, r. 8, s. 4.06.

4.07. The podiatrist whose records are the object of verification may be present or be represented by a mandatory.

R.R.Q., 1981, c. P-12, r. 8, s. 4.07.

4.08. The investigator shall draw up a verification report and forward it to the committee for study within 15 days after termination of his verification.

R.R.Q., 1981, c. P-12, r. 8, s. 4.08.

DIVISION V SPECIAL INQUIRY INTO THE COMPETENCE OF A PODIATRIST

5.01. At least 5 days before the date of a special inquiry, the committee shall, through its secretary, send to the podiatrist in question a notice in accordance with the form in Schedule B.

R.R.Q., 1981, c. P-12, r. 8, s. 5.01.

5.02. Notwithstanding section 5.01, where the sending of a notice to the podiatrist could jeopardize the objects for which a special inquiry is to be held, an investigator may make an inquiry without such notice.

R.R.Q., 1981, c. P-12, r. 8, s. 5.02.

5.03. An investigator may give the podiatrist’s partner, employer, employee or representative notice of the order to allow him access to the records of that podiatrist.

R.R.Q., 1981, c. P-12, r. 8, s. 5.03.

5.04. Where a record is held by a third party, the podiatrist must, at the investigator’s request, authorize the latter to take cognizance or a copy thereof.

R.R.Q., 1981, c. P-12, r. 8, s. 5.04.

5.05. An investigator may request that a person who makes a declaration to him relative to an inquiry attest such declaration under oath.

R.R.Q., 1981, c. P-12, r. 8, s. 5.05.

5.06. If the podiatrist refuses to collaborate with the investigator for the purposes of an inquiry, the latter shall immediately notify the syndic of the Order.

R.R.Q., 1981, c. P-12, r. 8, s. 5.06.

5.07. The investigator shall draw up a report and forward it to the committee for study within 30 days after termination of his inquiry.

R.R.Q., 1981, c. P-12, r. 8, s. 5.07.

5.08. Sections 4.05 and 4.06 shall apply, with the necessary modifications, to an inquiry held under this Division.

R.R.Q., 1981, c. P-12, r. 8, s. 5.08.

DIVISION VI RECOMMENDATIONS OF THE COMMITTEE

6.01. Where the committee, after study of an investigator’s report, has reason to believe that it is not expedient to recommend to the board of directors that a podiatrist be required to serve a period of refresher training and that the right of such podiatrist to engage in professional activities during such period be limited, it shall notify the board of directors and the podiatrist in question within 15 days following its decision.

R.R.Q., 1981, c. P-12, r. 8, s. 6.01.

6.02. Where the committee, after study of an investigator’s report, has reason to believe that it is expedient to recommend to the board of directors that a podiatrist be required to serve a period of refresher training and that the right of such podiatrist to engage in professional activities during such period be limited, it must permit the podiatrist in question to present a full and complete defence relative to the appraisal of his competence.

R.R.Q., 1981, c. P-12, r. 8, s. 6.02.

6.03. For such purpose, the committee shall convene the podiatrist in question and send him, 15 days before the date fixed for the hearing, the following information and documents:

(a)  a notice specifying the date, hour and place of the hearing;

(b)  a statement of the facts and reasons for convening him before the committee; and

(c)  a copy of the report made by the investigator concerning him.

R.R.Q., 1981, c. P-12, r. 8, s. 6.03.

6.04. A podiatrist or witness summoned before the committee may be assisted by an advocate.

R.R.Q., 1981, c. P-12, r. 8, s. 6.04.

6.05. The committee shall administer the oath to the podiatrist or the witnesses through the intermediary of a commissioner for oaths.

R.R.Q., 1981, c. P-12, r. 8, s. 6.05.

6.06. The hearing shall be closed to the public unless the committee, at the request of the podiatrist concerned, considers that it is in the public interest that it not be held in this manner.

R.R.Q., 1981, c. P-12, r. 8, s. 6.06.

6.07. The committee may proceed by default if the podiatrist does not appear on the date, at the hour and place stipulated.

R.R.Q., 1981, c. P-12, r. 8, s. 6.07.

6.08. The secretary of the committee shall write a summary of the depositions into the minutes. They shall be recorded at the request of the podiatrist concerned or of the committee.

R.R.Q., 1981, c. P-12, r. 8, s. 6.08.

6.09. The committee and the podiatrist shall pay their own expenses.

The recording expenses shall be shared equally between them unless it is the committee that requires the recording of depositions in which case the latter shall assume the expenses thereof.

R.R.Q., 1981, c. P-12, r. 8, s. 6.09.

6.10. In its recommendations concerning a podiatrist, the committee shall take into account the type of professional activities in which the podiatrist is generally engaged.

R.R.Q., 1981, c. P-12, r. 8, s. 6.10.

6.11. The recommendations of the committee are made within 30 days after the end of the hearing. They are immediately forwarded to the board of directors and to the podiatrist concerned.

R.R.Q., 1981, c. P-12, r. 8, s. 6.11.

6.12. The committee may also make recommendations to the board of directors on the continuing refresher courses organized by the Order for its members.

R.R.Q., 1981, c. P-12, r. 8, s. 6.12.

6.13. When the committee has reason to believe that a complaint within the meaning of section 116 of the Professional Code (chapter C-26) might be laid against a podiatrist, it shall so notify the syndic of the Order.

R.R.Q., 1981, c. P-12, r. 8, s. 6.13.

SCHEDULE A

(s. 4.03)

ORDRE DES PODIATRES DU QUÉBEC

PROFESSIONAL INSPECTION COMMITTEE

Notice of verification

To: _____________________________________________________________________________

podiatrist

Address: _________________________________________________________________________

Notice is given that, within the framework of the programme for general supervision of the practice of the profession, an investigator will verify your records on ______________________________ at __________ h.

Take notice that if you cannot receive the investigator on the date mentioned above, you must, within 5 days of receipt of this notice, decide on another date with the secretary to the committee.

__________(place)__________, this __________(date)__________

The professional inspection committee

Per: _____________________________________

Secretary of the committee

Telephone number _________________________

R.R.Q,, 1981, c. P-12, r. 8, Sch. A.

SCHEDULE B

(s. 5.01)

ORDRE DES PODIATRES DU QUÉBEC

PROFESSIONNAL INSPECTION COMMITTEE

Notice of special inquiry

To: _____________________________________________________________________________

podiatrist

Address: _________________________________________________________________________

Notice is given that, at the request of the board of directors (or on its own initiative), the committee has designated an investigator to make a special inquiry into your professional competence on ______________________________ at __________h. The inquiry will, therefore, be held at ______________________________ __________(place)__________, this __________(date)__________

The professional inspection committee

Per: _____________________________________

Secretary of the committee

Telephone number _________________________

R.R.Q., 1981, c. P-12, r. 8, Sch. B.

REFERENCES

R.R.Q., 1981, c. P-12, r. 8

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