C-16, r. 7 - Regulation respecting the records of a chiropractor who ceases to practise

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Full text
chapter C-16, r. 7
Regulation respecting the records of a chiropractor who ceases to practise
CHIROPRACTORS — RECORDS
Chiropractic Act
(chapter C-16, s. 3).
C-16
Professional Code
(chapter C-26, s. 91).
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 whoever is entered on the roll of the Order;
(c)  “secretary” means the secretary of the Order;
(d)  “records” means the records, books and registers that a chiropractor must keep in the practice of his profession;
(e)  “transferee” means the chiropractor to whom the records of another chiropractor are transferred upon the latter’s permanent cessation of practice;
(f)  “provisional custodian” means the chiropractor to whom the records of another chiropractor are entrusted during the latter’s temporary cessation of practice.
R.R.Q., 1981, c. C-16, r. 3, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. C-16, r. 3, s. 1.02.
1.03. Nothing in this Regulation shall be construed as excluding the use of data processing or any other technique for the preservation of records.
R.R.Q., 1981, c. C-16, r. 3, s. 1.03.
1.04. Where a chiropractor is a partner in or an employee of a partnership of chiropractors or an employee of a natural or legal person, this Regulation shall not apply to the records of such partnership or employer that are used by that chiropractor in the practice of his profession. This Regulation shall, however, apply when all the members of a partnership of chiropractors cease to practise.
R.R.Q., 1981, c. C-16, r. 3, s. 1.04.
1.05. An agreement respecting the transfer or provisional custody of the records of a chiropractor who ceases to practise must be certified in writing and sent to the secretary.
R.R.Q., 1981, c. C-16, r. 3, s. 1.05.
DIVISION II
PERMANENT CESSATION OF PRACTICE
2.01. Subject to sections 2.02 and 2.03, when a chiropractor permanently ceases to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:
(a)  if he has found a transferee, notify the secretary by registered mail of the date on which he will cease to practise his profession and give him the name, address and telephone number of the said transferee; or
(b)  if he is unable to find a transferee, inform the secretary thereof by registered mail and advise him that he will give him custody of his records on the date fixed for the cessation of practice.
R.R.Q., 1981, c. C-16, r. 3, s. 2.01; I.N. 2016-01-01 (NCCP).
2.02. Where a chiropractor ceases to practise his profession because he has been permanently struck off the roll, the secretary must ensure that the chiropractor who is struck off finds a transferee within 60 days of the final decision regarding the striking off.
If a transferee has not been found upon the expiry of that period, the records of the chiropractor who has been struck off shall be entrusted to the secretary.
R.R.Q., 1981, c. C-16, r. 3, s. 2.02.
2.03. Upon the death of a chiropractor, the secretary must, as soon as he is notified thereof, ensure that the successors of that chiropractor find a transferee as quickly as possible.
R.R.Q., 1981, c. C-16, r. 3, s. 2.03.
2.04. Within 30 days following the date on which he takes possession of the records of a chiropractor who permanently ceases to practise, the transferee or the secretary, as the case may be, must:
(a)  notify, in writing, the clients of that chiropractor:
i.  that the latter’s records are in his possession;
ii.  of his address, telephone number and office hours; and
iii.  of their right to consult another chiropractor;
(b)  cause to be published twice, at an interval of 10 days, in at least one French language daily newspaper and, where applicable, in at least one English language daily newspaper circulated in the region in which that chiropractor practised his profession, an advertisement giving his address, telephone number and office hours and stating that he is in possession of that chiropractor’s records.
The transferee must send the secretary a copy of the advertisement contemplated in subparagraph b of the first paragraph.
R.R.Q., 1981, c. C-16, r. 3, s. 2.04.
2.05. The transferee or the secretary, as the case may be, must respect the right of a person to consult the documents concerning him in any record made in his regard and to obtain copies of such documents. The fees for obtaining such copies shall be paid by the person who makes the request.
R.R.Q., 1981, c. C-16, r. 3, s. 2.05.
2.06. Where the secretary has custody of the records of a chiropractor who has permanently ceased to practise his profession, he may at any time, after consulting that chiropractor, entrust the records to a transferee.
R.R.Q., 1981, c. C-16, r. 3, s. 2.06.
2.07. While he has custody of the records of a chiropractor who has permanently ceased to practise his profession, the secretary must take the necessary steps to ensure that the interests of that chiropractor’s clients are properly safeguarded.
R.R.Q., 1981, c. C-16, r. 3, s. 2.07.
2.08. Subject to section 2.06, the secretary must retain the records he receives pursuant to this Division for a minimum of 5 years.
R.R.Q., 1981, c. C-16, r. 3, s. 2.08.
DIVISION III
TEMPORARY CESSATION OF PRACTICE
3.01. Subject to section 3.02, where a chiropractor temporarily ceases to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:
(a)  if he has found a provisional custodian, notify the secretary by registered mail of the date on which he will temporarily cease to practise his profession and the date on which he intends to resume practising his profession, together with the name, address and telephone number of the provisional custodian; or
(b)  if he has not found a provisional custodian, inform the secretary thereof by registered mail and notify him that he will give him custody of the records on the date fixed for the cessation of his practice.
R.R.Q., 1981, c. C-16, r. 3, s. 3.01; I.N. 2016-01-01 (NCCP).
3.02. Where a chiropractor ceases to practise his profession because of being temporarily struck off the roll, the secretary must ensure that the chiropractor who is struck off finds a provisional custodian within 15 days of the expiry of the time allowed for appeal or final decision regarding the striking off.
If a provisional custodian has not been found upon the expiry of that period, the records of the chiropractor who is struck off shall be entrusted to the secretary.
R.R.Q., 1981, c. C-16, r. 3, s. 3.02.
3.03. The provisional custodian of a chiropractor’s records must provide the clients of that chiropractor with the pertinent information concerning the progress of their records, keep such records up to date, and take the necessary steps to ensure that the interests of those clients are properly safeguarded.
R.R.Q., 1981, c. C-16, r. 3, s. 3.03.
3.04. Section 2.04 applies, with the necessary modifications, to this Division except in the case where a chiropractor ceases to practise as a result of being temporarily struck off for less than 6 months.
R.R.Q., 1981, c. C-16, r. 3, s. 3.04.
3.05. Sections 2.05 to 2.07 apply, with the necessary modifications, to this Division.
R.R.Q., 1981, c. C-16, r. 3, s. 3.05.
3.06. The secretary or provisional custodian, as the case may be, must return the records to the chiropractor immediately upon termination of the period of temporary cessation of practice.
R.R.Q., 1981, c. C-16, r. 3, s. 3.06.
3.07. A chiropractor who no longer wishes to resume practising his profession during or after the expiry of the period when he has temporarily ceased to practise must comply with Division II.
R.R.Q., 1981, c. C-16, r. 3, s. 3.07.
REFERENCES
R.R.Q., 1981, c. C-16, r. 3