C-26, r. 160 - Regulation respecting standards of equivalence for diplomas and training for the issue of a permit by the Ordre des infirmières et infirmiers auxiliaires du Québec

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chapter C-26, r. 160
Regulation respecting standards of equivalence for diplomas and training for the issue of a permit by the Ordre des infirmières et infirmiers auxiliaires du Québec
NURSING ASSISTANTS — PROFESSIONAL CODE — PERMITS — STANDARDS OF EQUIVALENCE
Professional Code
(chapter C-26, s. 93, pars. c and c.1).
C-26
September 1 2012
DIVISION I
GENERAL
1. This Regulation applies to any person who does not hold a diploma giving access to a permit issued by the Ordre des infirmières et infirmiers auxiliaires du Québec and who is requesting that, for the purposes of obtaining a permit, a diploma issued by an educational establishment outside Québec be recognized as equivalent.
It also applies to any person who neither holds a diploma giving access to a permit, nor a diploma issued by an educational establishment outside Québec that could be recognized as equivalent under this Regulation and who is requesting, for the purposes of obtaining a permit, that the training received in Québec or outside Québec be recognized as equivalent to that diploma.
In this Regulation,
“diploma giving access to the permit” means a diploma recognized as giving access to the permit issued by the Order, by a government regulation made under the first paragraph of section 184 of the Professional Code (chapter C-26);
“diploma equivalence” means recognition pursuant to the Professional Code that a diploma issued by an educational establishment outside Québec certifies that its holder has attained a level of knowledge and skills equivalent to the level that may be attained by the holder of a diploma giving access to the permit;
“training equivalence” means recognition pursuant to the Professional Code that a person’s training demonstrates that the person has attained a level of knowledge and skills equivalent to the level that may be attained by the holder of a diploma giving access to the permit.
O.C. 749-98, s. 1; O.C. 436-2008, s. 1.
2. The secretary of the Ordre des infirmières et infirmiers auxiliaires du Québec shall forward a copy of this Regulation to any person who requests diploma or training equivalence in order to obtain a permit from the Order.
O.C. 749-98, s. 2.
DIVISION II
EQUIVALENCE STANDARDS FOR DIPLOMAS
3. A person who holds a diploma issued by an educational institution outside Québec is granted a diploma equivalence if the person’s diploma was obtained upon completion of Secondary IV studies in Québec, or the equivalent, comprising at least 1,800 hours apportioned as follows:
(1)  a minimum of 945 theoretical and laboratory hours obtained in subjects dealing with professional training for nursing assistants including
(a)  150 hours on the profession, its ethical and legal aspects in the context of a comprehensive approach to health, and communication at work;
(b)  135 hours in basic care procedures and in establishing a helping relationship;
(c)  330 hours in the musculoskeletal, nervous and sensory systems, endocrine system, cardiovascular and respiratory systems, digestive system, urinary and reproductive systems;
(d)  90 hours in nutrition and pharmacotherapy;
(e)  90 hours of first aid and infection control;
(f)  30 hours in palliative care; and
(g)  120 hours in approaches to mental health and approaches to persons with cognitive deficits and intellectual impairments;
(2)  a minimum of 855 hours of training apportioned as follows:
(a)  135 hours of specific care and basic care to persons suffering from a loss of autonomy;
(b)  120 hours in geronto-geriatric care;
(c)  120 hours of care of persons with mental health problems and persons with physical or intellectual impairments;
(d)  330 hours of care including at least 120 hours in medical care, at least 90 hours of pre- and postoperative care to adults and at least 90 hours of physical rehabilitation care; and
(e)  60 hours of care to persons suffering from a loss of autonomy in family or intermediate-type establishments.
O.C. 749-98, s. 3; O.C. 436-2008, s. 2.
3.1. Despite section 3, if the diploma relating to the application for equivalence was obtained more than 4 years before the application and the knowledge to which it attests no longer corresponds, given the developments within the profession, to the knowledge currently taught, the candidate shall be granted training equivalence in accordance with section 4, provided the candidate has acquired the required level of knowledge and skills since the candidate obtained his or her diploma.
O.C. 436-2008, s. 2.
DIVISION III
EQUIVALENCE STANDARDS FOR TRAINING
4. A person shall be granted a training equivalence if he has
(1)  attained a level of knowledge and skills equivalent to the level that may be attained upon completion of Secondary IV studies in Québec or the equivalent, comprising the hours specified in paragraph 1 of section 3; and
(2)  gained relevant work experience, taken courses, passed examinations, completed training periods or carried out practical work, comprising a number of hours equivalent to the hours indicated in paragraph 2 of section 3.
A person shall also be granted a training equivalence if
(1)  he holds at least one diploma in childcare obtained following training in childcare that childcare attendants and nurses receive as science learning in order to be able to provide the nursing care required for the treatment of newborn babies and sick children up to the age of 16;
(2)  he has at least 3 years of relevant work experience.
O.C. 749-98, s. 4; O.C. 436-2008, s. 3.
DIVISION IV
PROCEDURE FOR THE RECOGNITION OF AN EQUIVALENCE
5. A person who applies for a diploma equivalence to obtain a permit issued by the Order shall provide the secretary of the Order with
(1)  a written application, enclosing the fees fixed for the processing of records pursuant to paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26);
(2)  his academic record, including a description of the courses taken, the number of hours for each course and the corresponding official transcript; and
(3)  official proof that the diploma was conferred.
O.C. 749-98, s. 5.
6. A person who applies for a training equivalence to obtain a permit issued by the Order shall provide the secretary of the Order with
(1)  a written application, enclosing the fees fixed for the processing of records pursuant to paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26);
(2)  his academic record, including a description of the courses taken, the number of hours for each course and the corresponding official transcript, if applicable;
(3)  official proof that one or more diplomas were conferred in Québec or elsewhere, if applicable;
(4)  total years of education; and
(5)  an attestation of his relevant work experience and an attestation that he has taken courses, passed examinations, completed training periods or carried out practical work.
O.C. 749-98, s. 6.
7. Documents in support of an application for an equivalence that are not written in French or English shall be accompanied by a French or English translation provided by the applicant. The translation shall be certified as true to the original by a member of the Ordre des traducteurs, terminologues et interprètes agréés du Québec or by an authorized diplomatic or consular representative.
O.C. 749-98, s. 7.
8. The secretary of the Order shall forward the documents and information provided in support of an application to the committee of the Order formed in accordance with paragraph 2 of section 86.0.1 of the Professional Code (chapter C-26) for the purpose of examining applications for equivalence. The committee shall examine the application and make an appropriate recommendation to the executive committee.
For the purposes of making an appropriate recommendation, the committee may require that the applicant do one or more of the following: take a course, pass an examination, complete a training session or carry out practical work.
O.C. 749-98, s. 8; O.C. 436-2008, s. 4.
9. At its first meeting following the date of receipt of the committee’s recommendation, the executive committee shall decide
(1)  that the person shall be granted a diploma or training equivalence;
(2)  that the person shall be granted partial training equivalence; or
(3)  that the person shall not be granted a diploma or training equivalence.
Within 30 days of its decision, the executive committee shall inform the person in writing by registered mail.
Where partial training equivalence is granted, the executive committee shall notify the person, at the same time and in writing, that he is required to take a course, pass an examination, complete a training session or carry out practical work within the time limit given by the executive committee for a full training equivalence to be granted.
Where no equivalence is granted, the executive committee shall inform the person, at the same time and in writing, of the programs of study leading to a diploma that gives access to the permit or, if the diploma that was submitted is appropriate, inform him of the courses, examinations, training sessions or practical work which must be taken, passed, completed or carried out, as the case may be, within the time limit given by the executive committee for a training equivalence to be granted.
O.C. 749-98, s. 9; O.C. 436-2008, s. 5; I.N. 2016-01-01 (NCCP).
10. A person who is granted partial training equivalence by the executive committee or is not granted a diploma or training equivalence may apply for a review of the decision provided that the person applies to the secretary in writing within 30 days of receiving the decision.
The review must be made within 90 days following the date of receipt of the application by 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 be composed of persons other than members of the executive committee or of the committee referred to in section 8. The committee must, before making its decision, allow the person concerned to present observations.
For that purpose, the secretary must inform the person concerned of the date, time and place of the meeting where the application will be examined, by means of a written notice sent by registered mail at least 10 days before the date set for the meeting.
A person who wishes to present observations in person must inform the secretary at least 5 days before the date set for the meeting. The person may also submit written observations to the secretary at any time before the date set for the meeting.
The decision of the committee is final and must be sent to the person concerned in writing within 30 days following the date of the meeting.
O.C. 749-98, s. 10; O.C. 436-2008, s. 6; I.N. 2016-01-01 (NCCP).
11. This Regulation replaces the Regulation respecting equivalence standards for a permit to be issued by the Ordre professionnel des infirmières et infirmiers auxiliaires du Québec (R.R.Q., 1981, c. C-26, r. 116).
However, an application for equivalence shall be examined according to that Regulation if the committee referred to in section 2.02 of that Regulation made its recommendation to the administrative committee of the Order before 2 July 1998.
O.C. 749-98, s. 11.
12. (Omitted).
O.C. 749-98, s. 12.
REFERENCES
O.C. 749-98, 1998 G.O. 2, 2211
O.C. 436-2008, 2008 G.O. 2, 1377
S.Q. 2008, c. 11, s. 212