C-26, r. 191 - Regulation respecting refresher training periods for speech therapists and audiologists

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chapter C-26, r. 191
Regulation respecting refresher training periods for speech therapists and audiologists
SPEECH THERAPISTS AND AUDIOLOGISTS — PROFESSIONAL CODE — REFRESHER TRAINING PERIODS
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 professionnel des orthophonistes et audiologistes du Québec;
(b)  “member” means every person who is entered on the roll of the Order;
(c)  “training period” means period of refresher training contemplated by this Regulation;
(d)  “trainee” means a member who is required to serve a training period;
(e)  “tutor” means a member responsible for verifying whether a training period or part of a training period is in conformity with the objectives and terms and conditions determined by the board of directors.
R.R.Q., 1981, c. C-26, r. 131, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. C-26, r. 131, s. 1.02.
DIVISION II
TRAINING PERIOD
2.01. If the board of directors considers that the level of competence of a member does not meet the standards required for the protection of the public, it may oblige a member to serve a refresher training period where:
(a)  his name was entered on the roll more than 5 years after he obtained his permit or more than 5 years from 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 have it 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)  the professional inspection committee or the disciplinary council, pursuant to section 113 or 160 of the Professional Code (chapter C-26), recommends that he serve a refresher training period;
(e)  he has served a training period considered, in accordance with section 2.10, not in conformity with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. C-26, r. 131, s. 2.01.
2.02. A training period may not be prescribed more than 90 days after the member becomes liable to have to serve such training period.
R.R.Q., 1981, c. C-26, r. 131, s. 2.02.
2.03. A training period may, in particular, consist of one or more of the following activities:
(a)  a period of practical training;
(b)  studies;
(c)  courses;
(d)  research work.
R.R.Q., 1981, c. C-26, r. 131, 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-26, r. 131, s. 2.04.
2.05. The board of directors’s decision to oblige a member to serve a training period must specify the objectives, duration and the terms and conditions of that training period.
R.R.Q., 1981, c. C-26, r. 131, s. 2.05.
2.06. The board of directors shall determine the place where and time when the training period must be held and, where necessary, shall designate one or several tutors.
R.R.Q., 1981, c. C-26, r. 131, 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 reasons in support thereof, whether the trainee 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-26, r. 131, s. 2.07.
2.08. The trainee 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-26, r. 131, s. 2.08.
2.09. The tutor must also send the trainee a copy of the report pursuant to sections 2.07 and 2.08 at the same time as he sends it to the board of directors.
R.R.Q., 1981, c. C-26, r. 131, s. 2.09.
2.10. After studying each of the reports required under sections 2.07 and 2.08, the board of directors shall decide, within 20 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-26, r. 131, s. 2.10.
DIVISION III
LIMITATION OF PROFESSIONAL ACTIVITIES
3.01. The board of directors may, if it considers it necessary for the protection of the public, limit the trainee’s right to practise during all or part of the training period, in particular in one or several of the following ways:
(a)  by determining when and where he is authorized or he is not authorized to practise;
(b)  by determining the professional acts which he is authorized or he is not authorized to perform;
(c)  by requiring that the professional acts that he is authorizing to perform, or that certain of them, be performed under the supervision of another member or a group of members.
R.R.Q., 1981, c. C-26, r. 131, s. 3.01.
3.02. The board of directors’s decision to limit a trainee’s right to practise must be conveyed to his employer, where applicable.
R.R.Q., 1981, c. C-26, r. 131, s. 3.02.
DIVISION IV
DECISIONS OF THE BOARD OF DIRECTORS
4.01. Before prescribing a training period or limiting a trainee’s right to practise, or deciding that a completed training period is not in conformity with the objectives and terms and conditions determined, the board of directors must give the member concerned the opportunity to be heard.
R.R.Q., 1981, c. C-26, r. 131, s. 4.01.
4.02. The reasons for a decision prescribing a training period, limiting a trainee’s right to practise or ruling on the validity of a completed training period, must be given in writing and transmitted to the member 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-26, r. 131, s. 4.02; I.N. 2016-01-01 (NCCP).
4.03. The board of directors’s decision prescribing a training period or limiting a trainee’s right to practise shall take effect 30 days after mailing to or service on the latter.
R.R.Q., 1981, c. C-26, r. 131, s. 4.03.
4.04. During the training period, the board of directors may, upon a duly justified request by the trainee communicated to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the trainee’s right to practise.
R.R.Q., 1981, c. C-26, r. 131, s. 4.04.
4.05. A member must comply with every decision of the board of directors rendered in accordance with this Regulation.
R.R.Q., 1981, c. C-26, r. 131, s. 4.05.
REFERENCES
R.R.Q., 1981, c. C-26, r. 131
S.Q. 2008, c. 11, s. 212