C-26, r. 239 - Regulation respecting professional liability insurance for medical technologists

Replaced on 10 October 2013

This document has official status.

chapter C-26, r. 239

Regulation respecting professional liability insurance for medical technologists

Professional Code

(chapter C-26, s. 93, pars. d and g).

Replaced, Décision 2013-09-09, 2013 G.O. 2, 4232; eff. 2013-10-10; see chapter C-26, r. 238.1.

DIVISION I GENERAL PROVISIONS

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

(a)  “Order” means the Ordre professionnel des technologistes médicaux du Québec;

(b)  “medical technologist” means a person who is entered on the roll of the Order;

(c)  “committee” means the committee on the examination of insurance contracts;

(d)  “secretary” means the secretary of the Order.

R.R.Q., 1981, c. C-26, r. 168, s. 1.01.

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

R.R.Q., 1981, c. C-26, r. 168, s. 1.02.

DIVISION II COMMITTEE

2.01. The board of directors shall appoint the 3 members of the committee each year and designate a chair from among them.

R.R.Q., 1981, c. C-26, r. 168, s. 2.01.

2.02. The committee shall hold its sittings on the dates and at the hour and place determined by its chair. The quorum of the committee shall be 2 members.

R.R.Q., 1981, c. C-26, r. 168, s. 2.02.

2.03. The committee shall verify, in particular by studying the proofs of insurance provided for in section 3.05, whether each medical technologist is complying with the obligation prescribed in section 3.01 and report thereon to the board of directors.

R.R.Q., 1981, c. C-26, r. 168, s. 2.03.

2.04. The committee shall make the recommendations it considers appropriate to the board of directors and submit an annual report on its activities.

R.R.Q., 1981, c. C-26, r. 168, s. 2.04.

DIVISION III LIABILITY INSURANCE

3.01. A medical technologist must be covered by an insurance contract establishing a guarantee against the liability which he may incur owing to fault or negligence committed in the exercise of his profession.

R.R.Q., 1981, c. C-26, r. 168, s. 3.01.

3.02. The insurance contract must provide that:

(a)  the coverage is for an amount of not less than $500,000 per claim and $500,000 for the aggregate of claims relative to the term of the coverage;

(b)  the insurer undertakes to pay in lieu and stead of the insured, within the limits of the coverage, any amount that the insured may legally be bound to pay in damages to a third party respecting a claim filed during the period of coverage and resulting from professional services rendered or that should have been rendered by the insured or his employees in the performance of their duties;

(c)  the coverage applies to services rendered or to the failure to render services prior to the coming into force of the insurance contract until the expiry of the period of coverage;

(d)  when the insured ceases to practise his profession of his own will or dies, the insurer undertakes to sign with the insured or his legal heirs an insurance contract with a coverage for services rendered or failed to be rendered by the insured or his employees in the performance of their duties prior to the coming into force of such contract;

(e)  the insurer undertakes to take up the interest of the insured and to assume his defence in any action brought against him before a court of civil jurisdiction; the costs and expenses of suits against the insured, including those of the defence and interest upon conviction, are borne by the insurer over and above the amounts prescribed in paragraph a.

R.R.Q., 1981, c. C-26, r. 168, s. 3.02.

3.03. An exclusion contained in an insurance contract pertaining to acts committed under the influence of narcotics, soporifics, drugs or alcohol may not apply to a third party referred to in paragraph b of section 3.02 to whom the insured is legally bound to pay damages.

R.R.Q., 1981, c. C-26, r. 168, s. 3.03.

3.04. Where the Order has taken out a liability insurance policy in accordance with this Division for all or part of its members, a medical technologist may join this group insurance policy for the purposes of section 3.01.

An insurance certificate must be issued to each medical technologist joining the insurance policy taken out by the Order and a copy of this insurance policy must be given to him upon written request.

R.R.Q., 1981, c. C-26, r. 168, s. 3.04.

3.05. Except if he is insured under section 3.04, the medical technologist must furnish proof to the secretary before 1 April each year that he holds an insurance policy in force for a period of 12 months from that date and that it is in compliance with this Regulation. However, where the name of a medical technologist is entered or re-entered on the roll on a date other than 1 April, he must furnish proof to the secretary that he holds an insurance policy in force at least until 1 April following and that it is in compliance with this Regulation.

R.R.Q., 1981, c. C-26, r. 168, s. 3.05.

REFERENCES

R.R.Q., 1981, c. C-26, r. 168

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