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Article R4234-17 of the French Public Health Code

Articles R. 611-2 to R. 611-5 of the Code of Administrative Justice relating to the communication of pleadings and exhibits, the first paragraph of article R. 611-7 relating to the grounds raised ex officio, article R. 611-8-1 relating to the summary pleading and articles R. 613-1, with the exception of its last sentence, to R. 613-4 relating to the closure of the investigation are applicable before the Disciplinary Board of…

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Article R4234-18 of the French Public Health Code

As soon as the complaint or request has been registered at the registry, accompanied, where applicable, by the record of non-conciliation or partial conciliation in accordance with article R. 4233-36, the chairman of the Disciplinary Board shall appoint a rapporteur from among the members of the Disciplinary Board. The rapporteur may not be chosen from among the persons liable to be challenged pursuant to article L. 721-1 of the Code…

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Article R4234-19 of the French Public Health Code

Under the authority of the President of the Chamber and with the assistance of the Registrar of that Chamber, the rapporteur is empowered to hear the parties, take evidence and make any findings that may be useful in ascertaining the truth. He may ask the parties for any exhibits or documents that may be useful in resolving the dispute. The rapporteur draws up minutes of each hearing. Each party or…

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Article R4234-20 of the French Public Health Code

I.- Articles R. 621-1 to R. 621-11 and R. 621-14 of the Code of Administrative Justice relating to expertise are applicable before the Disciplinary Board of First Instance and before the National Disciplinary Board. The powers conferred on the presidents of the administrative courts and those of the administrative courts of appeal are exercised respectively by the presidents of the disciplinary panels of first instance and by the president of…

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Article R4234-21 of the French Public Health Code

The death of the pharmacist being prosecuted immediately and definitively terminates the proceedings before both the Disciplinary Chamber of First Instance and the National Disciplinary Chamber. In cases that are not ready for trial, the proceedings are suspended upon notification of the death of the plaintiff. This suspension lasts until formal notice is given to resume the proceedings.

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Article R4234-23 of the French Public Health Code

I.-A member of the court who considers that there are grounds for disqualification in his or her person or who conscientiously considers that he or she should abstain shall be replaced by another member appointed by the president of the court. If a full member of the Disciplinary Board is unable to attend or abstains, or if he or she agrees to a request for disqualification, he or she may…

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Article R4234-24 of the French Public Health Code

The roll for each hearing is drawn up by the Chairman of the Disciplinary Board. The parties are summoned to the hearing. The notice to attend must be sent to the parties by any means that can be reliably dated at least fifteen days before the date of the hearing. Additional time limits for distance are added in accordance with the provisions of articles 643 and 644 of the Code…

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Article R4234-25 of the French Public Health Code

Cases are heard in open court. However, the Chairman may, on his own initiative or at the request of one of the parties, after having obtained the opinion of the rapporteur where appropriate, prohibit access to the courtroom for all or part of the hearing in the interests of public order or where justified by respect for privacy or medical confidentiality.

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Article R4234-26 of the French Public Health Code

The Chairman of the Disciplinary Board chairs the proceedings. He first gives the floor to the rapporteur to read his report. The chairman then gives the floor to the parties and, where appropriate, to the witnesses. The pharmacist being prosecuted must be given the opportunity to speak last. The court may also question all parties present at the hearing. When the provisions of article R. 623-1 of the Code of…

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