Part four: Health professions

In the event of professional misconduct, individuals may, under conditions determined by decree, refer the matter to the competent regional or central council.

The pharmacist implicated may exercise the right to challenge before the disciplinary chambers of the councils of the order under the conditions set out inarticle 341 of the code of civil procedure.

Constituted as a disciplinary chamber, the regional council is chaired by a serving or honorary member of the body of councillors of the administrative courts and administrative courts of appeal appointed by the vice-president of the Conseil d’Etat on the recommendation of the president of the administrative court or administrative court of appeal for a renewable term of six years. One or more alternates are appointed under the same conditions….

The disciplinary chamber of the central councils of each of sections B, C, D, E, G and H is chaired by a serving or honorary member of the body of councillors of the administrative courts and administrative courts of appeal appointed by the vice-president of the Conseil d’Etat on a proposal from the president of the administrative court or administrative court of appeal for a renewable term of six years….

Practitioners called to appear before the Disciplinary Board may be assisted by a colleague of their choice or by a lawyer registered with the Bar. The Disciplinary Board may only take a decision if a majority of the members in office attend the meeting. If the quorum is not reached, the Chairman will convene a new meeting of the members of the Disciplinary Board; whatever the number of members present…

Decisions of the Disciplinary Board are made by a panel, subject to exceptions, specified by decree in the Conseil d’Etat, relating to the subject matter of the referral or dispute or the nature of the issues to be examined or decided. They may be rendered by a restricted panel.

Where appropriate, the Disciplinary Board will impose one of the following penalties: 1° A warning ; 2° A reprimand with an entry in the file; 3° A temporary or permanent ban on serving any or all supplies made, in any capacity whatsoever, to public establishments or establishments recognised as being of public utility, to municipalities, departments or to the State; 4° Prohibition from practising pharmacy for a maximum of five…

Where the acts of which the pharmacist is accused have revealed a lack of professional competence, the disciplinary chamber may, without prejudice to any penalties it may impose pursuant to 1° to 4° of article L. 4234-6, order the pharmacist concerned to undergo training, in particular as part of the continuing professional development defined in article L. 4021-1 or the certification provided for in article L. 4022-1. The procedures for…

Sanctions pronounced by the disciplinary chambers of the regional councils of section A and by those of the central councils of sections B, C, D, E, G and H may be appealed to the disciplinary chamber of the Conseil national de l’ordre des pharmaciens. The appeal has suspensive effect.

The decisions of the Disciplinary Board of the National Council may be appealed to the Conseil d’Etat. When the Disciplinary Board of the National Council imposes a ban on practising the profession, it sets the starting date of the ban. Decisions handed down by this chamber are enforceable, and an appeal to the Supreme Court has no suspensive effect. The national disciplinary chamber is presided over by a member of…