I. – In accordance with article L. 4113-9, the usual practice of medicine, in any form whatsoever, within a company, local authority or institution governed by private law must, in all cases, be the subject of a written contract.
This contract defines the respective obligations of the parties and must specify the means enabling doctors to comply with the provisions of this Code of Deontology.
Any draft contract may be communicated to the Conseil Départemental de l’Ordre, which must make its observations known within one month.
Any agreement or renewal of an agreement with one of the organisations referred to in the first paragraph, with a view to the practice of medicine, must be communicated to the relevant departmental council, as must any amendments and internal regulations when the contract refers to them. The latter will check that the contract complies with the provisions of this Code of Deontology and, if any exist, with the essential clauses of the standard contracts drawn up either by agreement between the national council and the authorities or institutions concerned, or in accordance with legislative or regulatory provisions.
The doctor must sign and submit to the Departmental Council a declaration in which he or she swears on his or her honour that he or she has not entered into any counter-letter or rider relating to the contract submitted to the Council for examination.
II – A doctor may not accept a contract that includes a clause affecting his professional independence or the quality of care, particularly if this clause makes his remuneration or the duration of his appointment dependent on performance criteria.