C-26, r. 227 - Regulation respecting the professional inspection committee of the Ordre professionnel des techniciens et techniciennes dentaires du Québec

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chapter C-26, r. 227
Regulation respecting the professional inspection committee of the Ordre professionnel des techniciens et techniciennes dentaires du Québec
DENTAL TECHNICIANS — PROFESSIONAL INSPECTION COMMITTEE
Professional Code
(chapter C-26, s. 90).
C-26
September 1 2012
DIVISION I
GENERAL
1. The professional inspection shall cover the records, books and registers kept by a member of the Ordre professionnel des techniciens et techniciennes dentaires du Québec in the practice of his profession and the medications, poisons, products, substances, apparatus and equipment relating to the practice of that profession.
It shall also cover the documents or reports in which that member collaborated in the records, books and registers kept by his colleagues or his employer, including an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), and any property that has been entrusted to him by a client.
O.C. 501-91, s. 1; S.Q. 1992, c. 21, s. 375.
DIVISION II
PROFESSIONAL INSPECTION COMMITTEE
2. A professional inspection committee of the Order shall be composed of 3 members appointed by the board of directors from among the members of the Order who have been practising for at least 3 years.
O.C. 501-91, s. 2.
3. The term of office of the members of the committee shall be 4 years and may be renewed.
The members of the committee shall take office after having taken the oath contained in Schedule II to the Professional Code (chapter C-26) and shall remain in office until their death, resignation, replacement or striking off the roll.
O.C. 501-91, s. 3.
4. The board of directors shall designate a member of the committee as secretary of the committee.
O.C. 501-91, s. 4.
5. The committee shall sit on the date and at the time and place determined by it or by its chair.
O.C. 501-91, s. 5.
6. The office of the committee shall be located at the head office of the Order and all the records, books and registers of the committee shall be kept at the said office.
O.C. 501-91, s. 6.
7. Subject to section 10, only the members of the committee, the secretary of the committee, the office staff assigned to the committee by the secretary of the Order and the president of the Order shall have access to the records, books and registers of the committee.
Before taking office, the secretary of the committee and the members of the office staff shall take the oath contained in Schedule II to the Code.
O.C. 501-91, s. 7.
DIVISION III
DRAWING UP OF A PROFESSIONAL RECORD
8. The committee shall draw up and keep up-to-date a professional record for each member who has been subjected to an inspection.
O.C. 501-91, s. 8.
9. The professional record shall contain a summary of the member’s training and experience as a dental technician and all the documents pertaining to an inspection to which he has been subjected.
O.C. 501-91, s. 9.
10. A member shall be entitled to consult his professional record and to obtain a copy thereof. The consultation shall be made at the office of the committee in the presence of one of its agents.
O.C. 501-91, s. 10.
DIVISION IV
GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION
11. The committee shall supervise the practice of the profession in accordance with the program established by it.
O.C. 501-91, s. 11.
12. Each year, the board of directors shall send the general supervision program of the committee to the members of the Order.
O.C. 501-91, s. 12.
13. At least 15 days before the date fixed for an inspection by the committee, the latter, through its secretary, shall send to the member in question, by registered mail, a notice in the form of Schedule I.
O.C. 501-91, s. 13; I.N. 2016-01-01 (NCCP).
14. If the member cannot receive the committee on the date fixed, he shall, upon receipt of the notice, notify the secretary of the committee thereof and decide on another date with him.
O.C. 501-91, s. 14.
15. Where a committee ascertains that the member was unable to take cognizance of the notice, it shall fix a new date for the inspection and notify him thereof in writing.
O.C. 501-91, s. 15.
16. If required to do so, the committee shall produce a certificate attesting its authority and signed by its secretary.
O.C. 501-91, s. 16.
17. A member who has been subjected to an inspection may be present or be represented by a mandatary.
O.C. 501-91, s. 17.
18. The committee shall draw up an inspection report within 15 days of the date of the end of its inspection.
O.C. 501-91, s. 18.
DIVISION V
SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF A MEMBER
19. A member of the committee who on his own initiative undertakes a special inquiry into the professional competence of a member shall indicate in his professional record the reasons that justify such an inquiry.
O.C. 501-91, s. 19.
20. At least 5 clear days before the date of the special inquiry, the committee, through its secretary, shall send to the member, by registered mail, a notice in the form of Schedule II.
Where the sending of a notice could jeopardize the purposes for which a special inquiry is to be held, the committee may undertake the inquiry without notice.
O.C. 501-91, s. 20; I.N. 2016-01-01 (NCCP).
21. The committee may order the member, his employer, his mandatary or his agent to give it access to the records, books, registers and other items referred to in section 1.
O.C. 501-91, s. 21.
22. The committee may request that a person swear to any statement he makes to it relative to an inquiry.
O.C. 501-91, s. 22.
23. The committee shall draw up a report within 30 days of the date of the end of its inquiry.
O.C. 501-91, s. 23.
24. Sections 16 and 17 shall apply, with the necessary modifications, to an inquiry held under this Division.
O.C. 501-91, s. 24.
DIVISION VI
RECOMMENDATIONS OF THE COMMITTEE FOLLOWING A SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF A MEMBER
25. Where the committee, after studying a report on a member, has reason to believe that it is not expedient to recommend to the board of directors that it should take any of the measures prescribed in section 113 of the Code, it shall so notify the board of directors and the member in question within 15 days following its decision.
O.C. 501-91, s. 25.
26. Where the committee, after studying a report on a member, has reason to believe that it is expedient to recommend to the board of directors that it should take one of the measures prescribed in section 113 of the Code, it shall so notify, within the same time period, the secretary of the board of directors and the member in question and shall allow the latter to be heard.
O.C. 501-91, s. 26.
27. For the purposes of section 26, the committee shall convene the member and send him, by registered mail, 15 days before the date fixed for the hearing, the following information and documents:
(1)  a notice specifying the date, time and place of the hearing;
(2)  a statement of the facts and reasons for convening him before the committee; and
(3)  a copy of the report drawn up by the committee concerning him.
O.C. 501-91, s. 27; I.N. 2016-01-01 (NCCP).
28. A member or a witness may be represented by an advocate.
O.C. 501-91, s. 28.
29. The committee shall have the oath administered to the member or to a witness by a commissioner for oaths.
O.C. 501-91, s. 29.
30. The hearing shall be closed to the public, unless the committee, at the member’s request, considers that it is in the public interest that it not be held in that manner.
O.C. 501-91, s. 30.
31. The committee may proceed by default if the member does not appear at the date, time and place fixed.
O.C. 501-91, s. 31.
32. Depositions shall be recorded at the request of the member or of the committee.
O.C. 501-91, s. 32.
33. The recommendations of the committee shall be made by the majority of its members within 90 days of the date of the end of the hearing. They shall be signed by the members of the committee who endorsed them, shall include the reasons on which they are based and be forwarded immediately to the board of directors and the member in question.
O.C. 501-91, s. 33.
DIVISION VII
MISCELLANEOUS AND FINAL
34. The secretary of the committee shall keep a register in which the date of each inspection or special inquiry is entered, as well as the address where it was made, the name of the member in question and the name of the person who made the inspection or inquiry.
O.C. 501-91, s. 34.
35. This Regulation replaces the Regulation respecting the procedure of the professional inspection committee of dental technicians (R.R.Q., 1981, c. C-26, r. 162).
O.C. 501-91, s. 35.
36. (Omitted).
O.C. 501-91, s. 36.
ORDRE PROFESSIONNEL DES TECHNICIENS ET TECHNICIENNES DENTAIRES DU QUÉBEC
NOTICE OF INSPECTION
Notice is hereby given that, within the framework of the general supervision program for the practice of the profession, the professional inspection committee will inspect the records, books, registers, medications, poisons, substances, apparatus and equipment relative to the practice of your profession, on ______________________________ at __________ o’clock.
To that end, Mrs. or Mr. _______________________ will call upon you at _______________________
SIGNED AT ________________________________________________________________________
THIS ______________________________________________________________________________
The professional inspection committee
Per: _______________________________________________________________________________
(Secretary of the committee)
O.C. 501-91, Sch. I.
ORDRE PROFESSIONNEL DES TECHNICIENS ET TECHNICIENNES DENTAIRES DU QUÉBEC
NOTICE OF SPECIAL INQUIRY
Notice is hereby given that, at the request of the board of directors (or on its own initiative), the professional inspection committee will make a special inquiry into your professional competence, on ______________________________ at __________ o’clock.
To that end, Mrs. or Mr. _______________________ will call upon you at _______________________
SIGNED AT ________________________________________________________________________
THIS ______________________________________________________________________________
The professional inspection committee
Per: _______________________________________________________________________________
(Secretary of the committee)
O.C. 501-91, Sch. II.
REFERENCES
O.C. 501-91, 1991 G.O. 2, 1466
S.Q. 2008, c. 11, ss. 212 and 213