Here is the full text of the agreement between the Ordre des chiropraticiens du Québec and the Association professionnelle des orthothérapeutes de la province de Québec inc.
Memorandum of Understanding between the Ordre des chiropraticiens du Québec
and the Professional Association of Orthotherapists of the Province of Quebec Inc.
October 1998
PREAMBLE:
WHEREAS the Ordre des chiropraticiens du Québec was established by the Chiropractic Act (RSQ, c. C-16) and is governed by the Professional Code.
WHEREAS the Professional Association of Orthotherapists of the Province of Quebec inc. was incorporated under the authority of Part 3 of the Companies Act (RSQ, c. C-38) and that it has not yet been recognized by the Office des professions.
WHEREAS the Ordre des chiropraticiens du Québec has, since 1993, brought several complaints against orthotherapists for illegal practice of the profession of chiropractor, in contravention of sections 13 and 14 of the Chiropractic Act (RSQ, c. C-l6 ).
WHEREAS on May 27, 1998, the Court of Appeal of Quebec confirmed a judgment rendered by the Honorable Judge André Plante of the Court of Quebec and dated May 5, 1995 according to which some of the acts performed by an orthotherapist in at that time, are part of the exclusive scope of practice of chiropractors, under the Chiropractic Act.
WHEREAS it is desirable, in order to settle amicably the disputes which currently oppose certain members of the Professional Association of Orthotherapists of the Province of Quebec and the Order of Chiropractors of Quebec, to specify and determine the acts that orthotherapists can pose as well as those they should avoid posing, in order not to infringe the Chiropractic Act (RSQ, c. C-16).
THE PARTIES HEREIN AGREE AS FOLLOWS:
1- The preamble is an integral part of this memorandum of understanding.
2- The Order of Chiropractors of Quebec recognizes that orthotherapists, members of the Professional Association of Orthotherapists of the Province of Quebec, pursue a laudable therapeutic objective insofar as the acts they perform respect the limits permitted by the set of professional laws.
3- The parties hereto recognize that orthotherapists are authorized to perform the following acts:
a) massage, including all recognized techniques;
b) mobilization, which is defined as follows:
Passive movement, usually repeated, below the paraphysiological barrier of a joint or a set of joints and not involving any sudden or forced movement.
c) relaxation of the muscles;
d) muscular evaluation (posture, mobility, palpation), this evaluation having to be limited to the observation of the facts;
e) relevant advice on desirable exercise programs in each case.
4- The parties hereto recognize that orthotherapists are not authorized to perform the following acts:
a) clinical and radiological examination of the spine and other joints of the human body as well as the resulting diagnosis, vertebral and joint manipulations or adjustments which are defined as follows:
The manipulation or articular adjustment consists of a passive movement applied directly or indirectly to a bone structure which gradually or suddenly carries the articular elements beyond the paraphysiological barrier;
b) as well as any treatment technique likely to bring a joint beyond its paraphysiological barrier.
5- The parties hereto undertake to inform their members as soon as possible of the content of this memorandum of understanding.
6- The Order of Chiropractors of Quebec encourages and supports the Professional Association of Orthotherapists of the Province of Quebec, in its representations to the Ministry of Education for training recognized by the Government of Quebec and consequently to the Office of the professions of Quebec so that the practice of orthotherapy is recognized under the Professional Code, within the parameters provided for in this memorandum of understanding.
7- In the event that the Ordre des chiropraticiens du Québec receives information to the effect that a member of the Professional Association of Orthotherapists of the Province of Quebec has performed or is performing acts that fall within the exclusive scope of chiropractic, he undertakes to transmit this information to the Association des orthothérapeutes de la province de Québec and to discuss the situation with this association before filing a complaint for the illegal practice of chiropractic against the member concerned.
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