P-12, r. 13 - Regulation respecting refresher training periods for podiatrists

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chapter P-12, r. 13
Regulation respecting refresher training periods for podiatrists
PODIATRISTS — REFRESHER TRAINING PERIODS
Podiatry Act
(chapter P-12, s. 3).
P-12
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)  “training period” means a period devoted to one or several refresher training activities, in accordance with this Regulation;
(b)  “trainee podiatrist” means a podiatrist who is required to serve a training period;
(c)  “tutor” means a podiatrist responsible for directing and assisting the trainee podiatrist during his training period, and for verifying whether a training period or part of a training period is in compliance with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. P-12, r. 10, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. P-12, r. 10, s. 1.02.
1.03. The sending of a document, as prescribed in sections 2.07, 2.09, 3.02 and 4.02, shall be by registered mail, by hand-to-hand delivery to the addressee or by bailiff in accordance with the Code of Civil Procedure (chapter C-25.01).
R.R.Q., 1981, c. P-12, r. 10, s. 1.03; I.N. 2016-01-01 (NCCP).
DIVISION II
TRAINING PERIOD
2.01. If the board of directors considers that the level of competence of a member does not meet the norms required for the protection of the public, it may oblige a podiatrist to serve a training period where:
(a)  his name is entered on the roll more than 5 years after he has obtained his permit or more than 5 years following the date on which he was entitled to the issuance of such permit;
(b)  his name is re-entered on the roll after he has failed to be entered thereon for more than 5 years;
(c)  his name is re-entered on the roll after he has been struck off for a period of more than 5 years;
(d)  he is the object of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);
(e)  he has served a training period considered, in virtue of section 2.10, not to be in compliance with the objectives and the terms and conditions determined by the board of directors.
R.R.Q., 1981, c. P-12, r. 10, s. 2.01.
2.02. In the cases contemplated in paragraphs a, b and c of section 2.01, a training period may not be prescribed more than 90 days after the date of entry or re-entry of the podiatrist’s name.
In the cases contemplated in paragraphs d and e of section 2.01, a training period may not be prescribed more than 90 days after the date of receipt by the board of directors of a recommendation or report to that effect.
R.R.Q., 1981, c. P-12, r. 10, 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. P-12, r. 10, s. 2.03.
2.04. A training period may not exceed 1,000 hours of activities, nor extend over a period of more than 12 consecutive months.
R.R.Q., 1981, c. P-12, r. 10, s. 2.04.
2.05. The board of director’s decision to oblige a professional to serve a training period must specify the objectives, duration and the terms and conditions of that training period.
R.R.Q., 1981, c. P-12, r. 10, 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. P-12, r. 10, s. 2.06.
2.07. A tutor shall submit a report to the board of directors within 15 days after completion of his mandate stating, with reasons in support thereof, whether the trainee podiatrist 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. P-12, r. 10, s. 2.07.
2.08. The trainee podiatrist or his tutor may be required to submit additional reports to the board of directors on the dates or period determined by the latter.
R.R.Q., 1981, c. P-12, r. 10, s. 2.08.
2.09. The tutor must also send the trainee podiatrist a copy of the report that he submits to the board of directors pursuant to section 2.07 or 2.08.
R.R.Q., 1981, c. P-12, r. 10, s. 2.09.
2.10. After study of each of the reports required in virtue of sections 2.07 and 2.08, the board of directors shall decide, within 30 days after completion of the training period, whether it is in compliance with the objectives and the terms and conditions it has determined.
Notwithstanding the first paragraph, the time limit shall be 45 days after completion of the training period if such time starts between 1 June and 20 August.
R.R.Q., 1981, c. P-12, r. 10, s. 2.10.
DIVISION III
LIMITATION OF PROFESSIONAL ACTIVITIES
3.01. The board of directors may, if it so considers necessary for public protection, limit the trainee podiatrist’s right to practise during all or part of the training period, in one or several of the following ways:
(a)  by determining when and where he is authorized or, on the contrary, he is not authorized to practise;
(b)  by determining the professional acts which he is authorized or, on the contrary, he is not authorized to perform;
(c)  by requiring that the professional acts that he is authorized to perform, or that certain of them be performed under the supervision of another podiatrist or group of podiatrists.
R.R.Q., 1981, c. P-12, r. 10, s. 3.01.
3.02. The board of director’s decision to limit a trainee podiatrist’s right to practise must be transmitted to his employer, where applicable.
R.R.Q., 1981, c. P-12, r. 10, s. 3.02.
DIVISION IV
DECISIONS OF THE BOARD OF DIRECTORS
4.01. Before prescribing a training period, limiting a trainee podiatrist’s right to practise or deciding that a completed training period is not in compliance with the objectives and the terms and conditions determined by the board of directors, the latter must give the podiatrist concerned the opportunity to be heard.
R.R.Q., 1981, c. P-12, r. 10, s. 4.01.
4.02. The reasons for a decision prescribing a training period, limiting a trainee podiatrist’s right to practise, or ruling on the validity of a completed training period, must be given in writing and transmitted to the podiatrist.
R.R.Q., 1981, c. P-12, r. 10, s. 4.02.
4.03. The board of director’s decision prescribing a training period or limiting a trainee podiatrist’s right to practise shall take effect 30 days after being sent to or served on the latter.
R.R.Q., 1981, c. P-12, r. 10, s. 4.03.
4.04. During the training period, the board of directors may, following a duly reasoned request by the podiatrist transmitted to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the trainee podiatrist’s right to practise.
R.R.Q., 1981, c. P-12, r. 10, s. 4.04.
4.05. A podiatrist is required to comply with every decision of the board of directors rendered in accordance with this Regulation.
R.R.Q., 1981, c. P-12, r. 10, s. 4.05.
REFERENCES
R.R.Q., 1981, c. P-12, r. 10
S.Q. 2008, c. 11, s. 212