C-26, r. 244 - Regulation respecting the professional inspection committee of the Ordre professionnel des technologistes médicaux du Québec

Full text
chapter C-26, r. 244
Regulation respecting the professional inspection committee of the Ordre professionnel des technologistes médicaux du Québec
MEDICAL TECHNOLOGISTS — PROFESSIONAL CODE — PROFESSIONAL INSPECTION COMMITTEE
Professional Code
(chapter C-26, s. 90).
C-26
April 25 2013
Replaced, Décision 2013-03-22; 2013 G.O. 2, 1418; eff. 2013-04-25; see chapter C-26, r. 249.1.
R.R.Q., 1981, c. C-26, r. 172; O.C. 1061-91, s. 1.
DIVISION I
DEFINITIONS AND SCOPE
R.R.Q., 1981, c. C-26, r. 172, Div. I; O.C. 1061-91, s. 1.
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “committee” means the professional inspection committee;
(b)  “Order” means the Ordre professionnel des technologistes médicaux du Québec;
(c)  (paragraph revoked);
(d)  “investigator” means the committee, one of its members or a person authorized to assist the committee in the exercise of its functions;
(e)  “medical technologist” means whoever is entered on the roll of the Order.
R.R.Q., 1981, c. C-26, r. 172, s. 1.01; O.C. 1061-91, s. 2.
1.02. The professional inspection shall cover the records, books and registers kept by a medical technologist in the practice of his profession, and the medicines, poisons, products, substances, devices and equipment relating to that practice.
It shall also cover the documents or reports in which the medical technologist collaborated in the records, books and registers kept by his colleagues at work, by 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), or by a laboratory within the meaning of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies (chapter L-0.2), and any sample or specimen entrusted to him for analysis.
R.R.Q., 1981, c. C-26, r. 172, s. 1.02; O.C. 1061-91, s. 3.
DIVISION II
COMMITTEE
2.01. The committee is composed of 5 members appointed by the board of directors from among the medical technologists who have been practising for at least 3 years. They take office upon their appointment and remain therein until death, or until they resign, are replaced or are struck off the roll.
R.R.Q., 1981, c. C-26, r. 172, s. 2.01.
2.02. The committee shall hold its sittings on the dates and at the places determined by it or by its chair.
R.R.Q., 1981, c. C-26, r. 172, s. 2.02.
2.03. The board of directors of the Order designates the secretary of the committee.
R.R.Q., 1981, c. C-26, r. 172, s. 2.03.
2.04. The office of the committee is situated at the head office of the Order. All the minutes, reports and other documents of the committee are kept in the said office.
R.R.Q., 1981, c. C-26, r. 172, s. 2.04.
DIVISION III
DRAWING UP OF A PROFESSIONAL RECORD
3.01. The committee shall draw up and keep up-to-date a professional record for each medical technologist.
R.R.Q., 1981, c. C-26, r. 172, s. 3.01.
3.02. The professional record contains a summary of the medical technologist’s academic qualifications and experience as well as all the records pertaining to the inspection of which he is the object under this Regulation.
R.R.Q., 1981, c. C-26, r. 172, s. 3.02.
3.03. When a medical technologist is the object of a special inquiry, he is entitled to consult his record and to obtain a copy thereof.
R.R.Q., 1981, c. C-26, r. 172, s. 3.03.
DIVISION IV
GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION
4.01. The committee shall supervise the practice of the profession by the members of the Order according to the program established by it.
R.R.Q., 1981, c. C-26, r. 172, s. 4.01.
4.02. Each year, the board of directors shall cause to be published the committee’s general supervision program in the bulletin of the Order.
R.R.Q., 1981, c. C-26, r. 172, s. 4.02.
4.03. At least 15 days before the date fixed for the inspection by an investigator, the committee shall, through its secretary, send the medical technologist in question, by registered or certified mail, a notice in accordance with the form in Schedule A.
R.R.Q., 1981, c. C-26, r. 172, s. 4.03; O.C. 1061-91, s. 4.
4.04. If a medical technologist cannot receive an investigator on the prescribed date, he must, upon receipt of the notice, notify the secretary of the committee and decide on another date with him.
R.R.Q., 1981, c. C-26, r. 172, s. 4.04.
4.05. When an investigator ascertains that the medical technologist was unable to take cognizance of the notice referred to in section 4.03, he shall so inform the committee which shall fix a new date for the inspection and notify the medical technologist thereof.
R.R.Q., 1981, c. C-26, r. 172, s. 4.05.
4.06. An investigator must produce a certificate attesting to his capacity, signed by the secretary of the committee.
R.R.Q., 1981, c. C-26, r. 172, s. 4.06.
4.07. The medical technologist who is the object of inspection, may be present or be represented by a health specialist working with him.
R.R.Q., 1981, c. C-26, r. 172, s. 4.07; O.C. 1061-91, s. 5.
4.08. If he has reason to believe that the committee should subject a medical technologist to special inquiry, the investigator shall draw up an inspection report and forward it to the committee for study within 15 days following his inspection.
R.R.Q., 1981, c. C-26, r. 172, s. 4.08.
DIVISION V
SPECIAL INQUIRY INTO THE COMPETENCE OF A MEDICAL TECHNOLOGIST
5.01. At the request of the board of directors or on its own initiative, the committee or one of its members shall make a special inquiry into the competence of a medical technologist, or designate an investigator for such purposes.
R.R.Q., 1981, c. C-26, r. 172, s. 5.01.
5.02. (1)  At least 5 clear days before the date of the special inquiry, the committee shall, through its secretary, send to the medical technologist in question, by registered or certified mail, a notice in accordance with the form in Schedule B.
(2)  Notwithstanding subsection 1, where the sending of a notice to the medical technologist could jeopardize the objects for which a special inquiry is to be held, the committee may authorize an investigator to make such inquiry without such notice.
R.R.Q., 1981, c. C-26, r. 172, s. 5.02.
5.03. The investigator may give the medical technologist, his employer, his mandatary or employee notice of an order to allow him to inspect the records, books, registers and other items mentioned in section 1.02.
R.R.Q., 1981, c. C-26, r. 172, s. 5.03; O.C. 1061-91, s. 6.
5.04. (Revoked).
R.R.Q., 1981, c. C-26, r. 172, s. 5.04; O.C. 1061-91, s. 7.
5.05. An investigator may request that a person who makes a declaration to him relative to an inquiry attest such declaration under oath.
R.R.Q., 1981, c. C-26, r. 172, s. 5.05.
5.06. If the medical technologist refuses to receive an investigator, the latter shall immediately notify the syndic.
R.R.Q., 1981, c. C-26, r. 172, s. 5.06.
5.07. The investigator shall draw up a report and forward it to the committee for study within 30 days after termination of his inquiry.
R.R.Q., 1981, c. C-26, r. 172, s. 5.07.
5.08. Sections 4.06 and 4.07 apply, with the necessary modifications, to an inquiry held under this Division.
R.R.Q., 1981, c. C-26, r. 172, s. 5.08.
DIVISION VI
RECOMMENDATIONS OF THE COMMITTEE
6.01. Where the committee, after study of an investigator’s report, has reason to believe that it is not expedient to recommend that the board of directors take any of the measures prescribed by section 113 of the Code, it shall notify the board of directors and the medical technologist in question within 15 days following its decision.
R.R.Q., 1981, c. C-26, r. 172, s. 6.01; O.C. 1061-91, s. 8.
6.02. Where the committee, after study of an investigator’s report, has reason to believe that it is expedient to recommend that the board of directors take any of the measures prescribed by section 113 of the Code, it shall inform the secretary of the board of directors and the medical technologist within 15 days and it shall allow the medical technologist to be heard.
R.R.Q., 1981, c. C-26, r. 172, s. 6.02; O.C. 1061-91, s. 8.
6.03. For such purpose, the committee shall convene the medical technologist and send him, by registered or certified mail, 15 days before the date fixed for the hearing, the following information and documents:
(a)  a notice specifying the date and hour of the hearing;
(b)  a statement of the facts and reasons for convening him before the committee; and
(c)  a copy of the report made by the investigator concerning him.
R.R.Q., 1981, c. C-26, r. 172, s. 6.03.
6.04. A medical technologist or witness summoned before the committee may be assisted by an advocate.
R.R.Q., 1981, c. C-26, r. 172, s. 6.04.
6.05. The committee shall receive the oath of the medical technologist and the witnesses through the intermediary of a commissioner for oaths.
R.R.Q., 1981, c. C-26, r. 172, s. 6.05.
6.06. The hearing shall be held in private unless the committee, at the request of the medical technologist, considers that it is in the public interest that it not be held in this manner.
R.R.Q., 1981, c. C-26, r. 172, s. 6.06.
6.07. The committee may proceed by default if the medical technologist does not appear on the date and at the hour prescribed.
R.R.Q., 1981, c. C-26, r. 172, s. 6.07.
6.08. The depositions shall be recorded at the request of the medical technologist or of the committee.
R.R.Q., 1981, c. C-26, r. 172, s. 6.08.
6.09. (1)  The committee and the medical technologist assume their own expenses, with the exception of recording fees which shall be shared equally between them.
(2)  Notwithstanding subsection 1, where the recording of depositions is made at the request of the committee, the latter shall pay all the fees.
R.R.Q., 1981, c. C-26, r. 172, s. 6.09.
6.10. In its recommendations concerning a medical technologist, the committee shall take into account the type of professional activities in which the medical technologist is generally engaged.
R.R.Q., 1981, c. C-26, r. 172, s. 6.10.
6.11. The recommendations of the committee are made by the majority of its members within 90 days after the end of the hearing. The reasons prompting the recommendations shall be given, signed by the members of the committee who made them and forwarded to the board of directors and the medical technologist in question without delay.
R.R.Q., 1981, c. C-26, r. 172, s. 6.11.
6.12. The committee may also make recommendations to the board of directors on the refresher training periods organized by the Order for its members.
R.R.Q., 1981, c. C-26, r. 172, s. 6.12.
6.13. When the committee has reason to believe that a complaint within the meaning of section 116 of the Professional Code (chapter C-26), might be laid against a medical technologist, it shall notify the syndic of the Order.
R.R.Q., 1981, c. C-26, r. 172, s. 6.13.
SCHEDULE A
(s. 4.03)
ORDRE PROFESSIONNEL DES TECHNOLOGISTES MÉDICAUX DU QUÉBEC
PROFESSIONAL INSPECTION COMMITTEE
Notice of inspection
Notice is hereby given that, within the framework of the program for general supervision of the practice of the profession, an investigator from our committee will inspect your records, books, registers, medicines, poisons, products, substances, devices and equipment relating to the practice of your profession on ______________________________ 20__________ at ____________________ o’clock.
R.R.Q., 1981, c. C-26, r. 172, Sch. A; O.C. 1061-91, s. 9.
SCHEDULE B
(s. 5.02)
ORDRE PROFESSIONNEL DES TECHNOLOGISTES MÉDICAUX DU QUÉBEC
PROFESSIONAL INSPECTION COMMITTEE
Notice of special inquiry
Notice is given that, at the request of the board of directors (or on its own initiative), the committee has designated an investigator to make a special inquiry into your professional competence on ______________________________ 20__________ at __________ o’clock .
Signed at _________________________________
on __________________________ 20__________
The professional inspection committee
Per: ________________________________________________________________________________
secretary of the committee
R.R.Q., 1981, c. C-26, r. 172, Sch. B.
REFERENCES
R.R.Q., 1981, c. C-26, r. 172
O.C. 1061-91, 1991 G.O. 2, 3247
S.Q. 2008, c. 11, ss. 212 and 213