The condition of recidivism referred to in article L. 1110-3, which precludes the implementation of the conciliation procedure provided for in these same provisions, as well as that provided for in article L. 4123-2, is met when the health professional in question has already been the subject, in the six years preceding receipt of the complaint, of a definitive sanction for discriminatory refusal of care, pronounced by an Ordinary Court or by the director of a local health insurance body.
In this case, the complaint is forwarded without delay to whichever of the two authorities mentioned in the first paragraph of article R. 1110-11 has not received it. It is also forwarded, within a maximum period of three months from receipt, to the competent Ordinary Court by the President of the Council of the Association on whose roll the professional in question is registered, with his reasoned opinion and, where appropriate, by associating himself with it. The president of the council of the professional body concerned will inform the director of the local health insurance body of this transmission and subsequently of the decision handed down by the professional body.