C-16, r. 13 - Regulation respecting refresher training periods for chiropractors

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chapter C-16, r. 13
Regulation respecting refresher training periods for chiropractors
CHIROPRACTORS — REFRESHER TRAINING PERIODS
Chiropractic Act
(chapter C-16, s. 3).
C-16
Professional Code
(chapter C-26, s. 94, par. j).
C-26
September 1 2012
DIVISION I
GENERAL PROVISIONS
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “Order” means the Ordre des chiropraticiens du Québec;
(b)  “chiropractor” means a person whose name is entered on the roll of the Order;
(c)  “training period” means a refresher training period contemplated by this Regulation;
(d)  “trainee chiropractor” means a chiropractor required to serve a training period;
(e)  “tutor” means a chiropractor responsible for verifying whether a training period or part of a training period is in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. C-16, r. 9, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. C-16, r. 9, s. 1.02.
DIVISION II
TRAINING PERIOD
2.01. The board of directors may, if it considers that the level of competence of a chiropractor does not meet the standards required for the protection of the public, oblige a chiropractor to serve a training period where:
(a)  his name is entered on the roll more than 5 years since he obtained his permit or more than 5 years after the date on which he was entitled to the issuance of such permit;
(b)  his name is re-entered on the roll after failing to be entered thereon for more than 5 years;
(c)  his name is re-entered on the roll after having been struck off for more than 5 years;
(d)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);
(e)  he has served a training period considered, under section 2.10, not to be in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. C-16, r. 9, s. 2.01.
2.02. A training period may not be imposed more than 90 days from the time when a chiropractor is liable to be required to serve it, except in cases where the courses required are not available within the aforesaid time period.
R.R.Q., 1981, c. C-16, r. 9, s. 2.02.
2.03. A training period may, in particular, consist of one or several of the following activities:
(a)  a practical training period;
(b)  studies;
(c)  courses;
(d)  research work.
R.R.Q., 1981, c. C-16, r. 9, s. 2.03.
2.04. A training period may not exceed 1,000 hours, nor extend over a period of more than 12 consecutive months.
R.R.Q., 1981, c. C-16, r. 9, s. 2.04.
2.05. The decision of the board of directors to require a chiropractor to serve a training period must specify the objectives, the duration and the terms and conditions of that training period.
R.R.Q., 1981, c. C-16, r. 9, s. 2.05.
2.06. The board of directors shall determine the place where and the time when the training period must be held and, where necessary, designate one or several tutors.
R.R.Q., 1981, c. C-16, r. 9, s. 2.06.
2.07. A tutor shall submit a report to the board of directors within 5 days after completion of his mandate stating, with supporting grounds, whether the trainee chiropractor acted, while under his supervision, in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. C-16, r. 9, s. 2.07.
2.08. The trainee chiropractor or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.
R.R.Q., 1981, c. C-16, r. 9, s. 2.08.
2.09. The tutor must also send the trainee chiropractor a copy of the report at the same time that he submits that report to the board of directors pursuant to section 2.07 or 2.08.
R.R.Q., 1981, c. C-16, r. 9, s. 2.09.
2.10. After study of each of the reports required under sections 2.07 and 2.08, the board of directors shall decide, within 45 days after completion of the training period, whether it is in conformity with the objectives and the terms and conditions it has determined.
R.R.Q., 1981, c. C-16, r. 9, s. 2.10.
DIVISION III
LIMITATION OF PROFESSIONAL ACTIVITIES
3.01. The board of directors may, if it so considers necessary for the protection of the public, limit the trainee chiropractor’s right to practise during all or part of the training period, particularly in any of the following ways:
(a)  by determining when and where he is authorized or not authorized to practise;
(b)  by determining the professional acts which he is authorized or not authorized to perform;
(c)  by requiring that the professional acts that he is authorized to perform, or certain of them, be performed under the supervision of another chiropractor or group of chiropractors.
R.R.Q., 1981, c. C-16, r. 9, s. 3.01.
3.02. The decision of the board of directors to limit a trainee chiropractor’s right to practise must be transmitted to his employer, where applicable.
R.R.Q., 1981, c. C-16, r. 9, s. 3.02.
DIVISION IV
DECISIONS OF THE BOARD OF DIRECTORS
4.01. Before imposing a training period or limiting a trainee chiropractor’s right to practise, the board of directors must give the chiropractor concerned the opportunity to be heard. For such purpose, the board of directors must give the chiropractor a written notice of a least 5 days of the date of the hearing.
R.R.Q., 1981, c. C-16, r. 9, s. 4.01.
4.02. The reasons for a decision imposing a training period, limiting a trainee chiropractor’s right to practise, or ruling on the validity of a completed training period must be given in writing and transmitted to the chiropractor concerned by service in accordance with the Code of Civil Procedure (chapter C-25.01) or by registered mail.
R.R.Q., 1981, c. C-16, r. 9, s. 4.02; I.N. 2016-01-01 (NCCP).
4.03. The decision of the board of directors imposing a training period or limiting a trainee chiropractor’s right to practise shall take effect 30 days after being sent to or served on the latter.
R.R.Q., 1981, c. C-16, r. 9, s. 4.03.
4.04. During the training period, the board of directors may, upon a well-founded request by the trainee chiropractor and communicated to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the trainee chiropractor’s right to practise.
R.R.Q., 1981, c. C-16, r. 9, s. 4.04.
4.05. A chiropractor is required to comply with every decision of the board of directors rendered in accordance with this Regulation.
R.R.Q., 1981, c. C-16, r. 9, s. 4.05.
REFERENCES
R.R.Q., 1981, c. C-16, r. 9
S.Q. 2008, c. 11, s. 212