In urgent cases, where the continued practice of a doctor, dental surgeon or midwife exposes his or her patients to serious danger, the Director General of the regional health agency responsible for the professional’s place of practice shall order the immediate suspension of the right to practise for a maximum period of five months. The Director General will hear the professional concerned within three days of the suspension decision.
The Director General of the Regional Health Agency responsible for the professional’s place of practice immediately informs the President of the relevant Departmental Council of his decision and immediately refers the matter to the Regional or Inter-regional Council when the danger is linked to the practitioner’s infirmity, pathological condition or professional inadequacy, or to the Disciplinary Chamber of First Instance in other cases. The regional or inter-regional council or the disciplinary chamber of first instance shall take a decision within two months of the matter being referred to it. In the absence of a decision within this time limit, the matter is referred to the National Council or the National Disciplinary Chamber, which gives its decision within two months. In the absence of a decision within this period, the suspension measure shall automatically terminate.
The Director General of the Regional Health Agency responsible for the professional’s place of practice shall also inform the health insurance bodies responsible for the professional concerned by his decision and the State representative in the department.
The Director General of the regional health agency responsible for the professional’s place of practice may at any time end the suspension he has ordered if he is satisfied that the danger no longer exists. He will inform the competent departmental council and regional or inter-regional council and, where appropriate, the competent disciplinary chamber, as well as the health insurance bodies and the representative of the State in the department.
A doctor, dental surgeon or midwife whose right to practise has been suspended in accordance with the procedure laid down in this article may appeal against the decision of the Director General of the Regional Health Agency responsible for the professional’s place of practice to the Administrative Court, which shall give an interim ruling within forty-eight hours.
The procedures for applying this article shall be defined by decree in the Conseil d’Etat.
This article does not apply to doctors, dental surgeons and midwives who come under the provisions of article L. 4138-2 of the Defence Code.