Professional incompetence consists of a duly established inability to carry out the work or assume the responsibilities normally associated with the duties of a hospital practitioner. It results from the practitioner’s inability to carry out his duties due to his physical or mental condition or intellectual capacity.
Professional incompetence cannot be accepted in the cases mentioned in articles R. 6152-37 to R. 6152-41. It is distinct from misconduct of a disciplinary nature.
A hospital practitioner who demonstrates professional inadequacy is subject either to a professional retraining measure or to dismissal with compensation.
These measures are ordered by the Director General of the Centre National de Gestion, after receiving the opinion of the National Commission on Staff Regulations sitting under the conditions laid down in article R. 6152-80.
The practitioner who benefits from a professional retraining measure is placed in search of an assignment.