M-8, r. 5 - Regulation respecting the professional inspection committee of the Ordre professionnel des médecins vétérinaires du Québec

Full text
chapter M-8, r. 5
Regulation respecting the professional inspection committee of the Ordre professionnel des médecins vétérinaires du Québec
VETERINARY SURGEONS — PROFESSIONAL INSPECTION COMMITTEE
Veterinary Surgeons Act
(chapter M-8, s. 3).
M-8
Professional Code
(chapter C-26, s. 90).
C-26
April 25 2013
Replaced, Décision 2013-03-22; 2013 G.O. 2, 1421; eff. 2013-04-25; see chapter M-8, r. 5.1.
DIVISION I
GENERAL PROVISIONS
1. A professional inspection shall cover the records, books and registers kept by a member of the Ordre professionnel des médecins vétérinaires du Québec in the practice of his profession, and the medicines, poisons, products, substances, devices, premises and equipment relating to that practice.
It shall also cover the documents or reports in which the member collaborated in the records, books and registers kept by his colleagues at work or by his employer, and any property or animal entrusted to the member by a client.
O.C. 1063-91, s. 1.
DIVISION II
PROFESSIONAL INSPECTION COMMITTEE
2. The professional inspection committee of the Order consists of 7 members appointed by the board of directors from among the members of the Order who have been practising their profession for at least 3 years.
The quorum of the committee is 4 members.
O.C. 1063-91, s. 2.
3. The term of office of the members of the committee is 2 years, except that of the president, which is 3 years; the appointments may be renewed.
The members of the committee shall take office after taking the oath in Schedule II to the Professional Code (chapter C-26) and shall remain in office until they die, resign, are replaced or struck off the roll.
O.C. 1063-91, s. 3.
4. The board of directors shall appoint the secretary of the committee.
O.C. 1063-91, s. 4.
5. The committee shall sit at the time and place fixed by it or by its chair.
O.C. 1063-91, 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 there.
O.C. 1063-91, 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 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 assigned to the committee shall take the oath in Schedule II to the Code.
O.C. 1063-91, 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 veterinary surgeon who is the subject of an inspection.
O.C. 1063-91, s. 8.
9. The professional record shall contain a summary of the veterinary surgeon’s training and experience, as well as all the documents pertaining to inspections of which he is the subject.
O.C. 1063-91, s. 9.
10. A veterinary surgeon is entitled to consult his professional record and to obtain a copy thereof. The consultation shall be held at the committee’s office in the presence of a member of its staff.
O.C. 1063-91, s. 10.
DIVISION IV
GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION
11. The committee shall supervise the practice of the profession according to the program established by it and approved annually by the board of directors.
O.C. 1063-91, s. 11.
12. Each year, the board of directors shall send to the members of the Order the committee’s general supervision program.
O.C. 1063-91, s. 12.
13. At least 15 days before the date fixed for a verification by the committee, it shall, through its secretary, send the veterinary surgeon in question, by registered or certified mail, a notice in accordance with the form in Schedule I.
O.C. 1063-91, s. 13.
14. If a veterinary surgeon cannot receive the committee on the prescribed date, he must, upon receipt of the notice, inform the secretary of the committee and decide on another date with him.
O.C. 1063-91, s. 14.
15. The committee, upon ascertaining that a veterinary surgeon was unable to take cognizance of the notice, shall fix a new date for the verification and notify the veterinary surgeon in writing thereof.
O.C. 1063-91, s. 15.
16. An investigator or a member of the committee must, if required to do so, produce a certificate attesting to his capacity, signed by the secretary of the committee.
O.C. 1063-91, s. 16.
17. A veterinary surgeon who is the subject of a verification may be present or may be represented by a mandatary.
O.C. 1063-91, s. 17.
18. The committee shall draw up an account of the verification within 15 days following the date of the end of its verification.
O.C. 1063-91, s. 18.
DIVISION V
SPECIAL INQUIRY INTO THE COMPETENCE OF A VETERINARY SURGEON
19. A member of the committee who makes a special inquiry on his own initiative into the professional competence of a veterinary surgeon shall indicate in the professional record of the veterinary surgeon the reasons warranting such inquiry.
O.C. 1063-91, s. 19.
20. At least 5 clear days before the date of the special inquiry, the committee shall, through its secretary, send to the veterinary surgeon in question, by registered or certified mail, a notice in accordance with the form in Schedule II.
Where the sending of a notice to the veterinary surgeon could jeopardize the object for which a special inquiry is to be held, the committee may make the inquiry without notice.
O.C. 1063-91, s. 20.
21. The committee may give the veterinary surgeon, his employer, mandatary or employee notice of an order to allow access to the records, books, registers and other items mentioned in section 1.
O.C. 1063-91, s. 21.
22. The committee may request that a person who makes a declaration to the committee relative to an inquiry attest the declaration under oath.
O.C. 1063-91, s. 22.
23. The committee shall draw up a report within 30 days following the date of the end of its inquiry.
O.C. 1063-91, s. 23.
24. Sections 16 and 17 apply, with the necessary modifications, to an inquiry held under this Division.
O.C. 1063-91, s. 24.
DIVISION VI
RECOMMENDATIONS OF THE COMMITTEE FOLLOWING A SPECIAL INQUIRY INTO THE PROFESSIONAL COMPETENCE OF A VETERINARY SURGEON
25. Where the committee, after study of its report, has reason to believe that it is not expedient to recommend to the board of directors that any of the measures prescribed by section 113 of the Code be taken, it shall notify the board of directors and the veterinary surgeon in question within 15 days following its decision.
O.C. 1063-91, s. 25.
26. Where the committee, after study of its report, has reason to believe that it is expedient to recommend to the board of directors that any of the measures prescribed by section 113 of the Code be taken, it shall notify the secretary of the board of directors and the veterinary surgeon in question within the same time and must permit the latter to be heard.
O.C. 1063-91, s. 26.
27. For the purposes of section 26, the committee shall summon the veterinary surgeon and send him, by registered or certified mail, 15 days before the date fixed for the hearing, the following information and documents:
(1)  a notice specifying the time and place of the hearing;
(2)  a statement of the facts and the reasons for summoning him before the committee; and
(3)  a copy of the report made by the committee concerning him.
O.C. 1063-91, s. 27.
28. The veterinary surgeon or a witness is entitled to be represented by an advocate.
O.C. 1063-91, s. 28.
29. The committee shall administer the oath of the veterinary surgeon and any witnesses through a commissioner for oaths.
O.C. 1063-91, s. 29.
30. The hearing shall be closed to the public unless the committee, at the request of the veterinary surgeon, considers that it is in the public interest that it not be held in that manner.
O.C. 1063-91, s. 30.
31. The committee may proceed by default if the veterinary surgeon does not appear at the time and place prescribed.
O.C. 1063-91, s. 31.
32. The depositions shall be recorded at the request of the veterinary surgeon or of the committee.
O.C. 1063-91, s. 32.
33. The recommendations of the committee shall be made by a majority of its members within 90 days following the date of the end of the hearing and shall include reasons. The recommendations shall be signed by the members of the committee who concurred in them and shall be sent without delay to the board of directors and the veterinary surgeon in question.
O.C. 1063-91, s. 33.
DIVISION VII
FINAL
34. This Regulation replaces the Regulation respecting the procedure of the professional inspection committee of veterinary surgeons (R.R.Q., 1981, c. M-8, r. 9).
O.C. 1063-91, s. 34.
35. (Omitted).
O.C. 1063-91, s. 35.
PROFESSIONAL INSPECTION COMMITTEE
..............
NOTICE OF VERIFICATION
Notice is given that, under the terms of the program for the general supervision of the practice of the profession, the professional inspection committee will examine and verify the records, medicines, poisons, products, substances, devices, equipment and premises relating to the practice of your profession.
For that purpose, (Mr. Mrs.) ______________________________ will call on you on ______________________________ 20__________, at __________ (time).
Signed at __________________________________________________________________________
on ___________________________________________________________________ 20__________
The professional inspection committee
Per: ________________________________________________________________________________
Secretary of the committee
O.C. 1063-91, Sch. I.
PROFESSIONAL INSPECTION COMMITTEE
..............
NOTICE OF SPECIAL INQUIRY
Notice is given that, at the request of the board of directors (or on the committee’s own initiative), the committee has decided to make a special inquiry into your professional competence.
For that purpose, (Mr. Mrs.) ______________________________ will call on you on ______________________________ 20__________, at __________ (time).
Signed at __________________________________________________________________________
on ___________________________________________________________________ 20__________
The professional inspection committee
Per: ________________________________________________________________________________
Secretary of the committee
O.C. 1063-91, Sch. II.
REFERENCES
O.C. 1063-91, 1991 G.O. 2, 3252; eff. 91-08-29
S.Q. 2008, c. 11, ss. 212 and 213