Part four: Health professions

For its application to New Caledonia and French Polynesia, the following is added to article L. 4152-1: “An agreement between the national council of the order and the body of the order in New Caledonia, on the one hand, and the body of the order in French Polynesia, on the other hand, sets out the conditions under which the body of the order is represented on the national council and…

In New Caledonia and French Polynesia, the court of first instance of the Association of Midwives is constituted by a disciplinary chamber, the creation of which is subject to the finding by the National Council of the Association that at least thirty midwives are registered on the roll of the Association in New Caledonia or French Polynesia. Until that date, the powers vested in the disciplinary chamber of the Association…

In New Caledonia and French Polynesia, the court of first instance of the Association of Midwives is constituted by a disciplinary chamber composed of full assessors and an equal number of alternates elected by the body of the Association of Midwives of New Caledonia or that of French Polynesia, or, failing that, by the national council.

The provisions of articles L. 4441-2, L. 4441-3 and L. 4441-4 to L. 4441-11 are applicable to the disciplinary chamber of the order of midwives of New Caledonia and French Polynesia subject to the following adaptations: the words “doctors” and “doctor” are replaced by the words “midwives” and “midwife” respectively.

The duties of a member of a disciplinary chamber are incompatible with the exercise of other duties within the Association’s Council, with the exception of those of assessors in the social insurance sections of disciplinary chambers.

When a doctor, dental surgeon or midwife has been convicted by a criminal court, the disciplinary chamber may, if appropriate, impose one of the penalties provided for in article L. 4441-10 on him, under the conditions provided for in articles L. 4126-1 and L. 4126-2. In order to ensure the application of the provisions of the previous paragraph, the judicial authority will immediately notify the national council of the ordre…

Employers or, in the case of civil servants, the hierarchical authority are required to allow their employees or civil servants who are members of the Disciplinary Chamber of New Caledonia or that of French Polynesia the time necessary to attend and participate in the Chamber’s hearings. The employee must inform the employer or the hierarchical authority of the hearing as soon as he is aware of it. Time spent away…

The provisions of the first paragraph of article L. 4122-2 are applicable in New Caledonia and French Polynesia.