In urgent cases, where a pharmacist’s continued practice exposes patients to serious danger, the Director General of the regional health agency responsible for the pharmacist’s place of practice shall immediately suspend 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 will immediately refer the matter to the relevant Regional Council or Central Council of the Ordre des pharmaciens. The latter shall take a decision within two months of the referral. If no decision is taken within this period, the matter is referred to the national council, which takes a 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 will also inform the State representative in the department and the health insurance bodies responsible for the professional concerned of his decision.
The Director General of the regional health agency responsible for the professional’s place of practice may, at any time, terminate the suspension he has ordered if he is satisfied that the danger no longer exists. He will inform the competent regional council or central council, as well as the representative of the State in the department and the health insurance organisations.
A pharmacist 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 pharmacists covered by the provisions of article L. 4138-2 of the Defence Code.