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Article R4126-16 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 chambers of…

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Article R4126-17 of the French Public Health Code

As soon as the complaint or request has been registered at the registry, the president appoints a rapporteur from among the members of the disciplinary chamber. The rapporteur may not be chosen from among the councillor-members of the departmental council that lodged the complaint or from among the councillor-members of the departmental council on whose roll the practitioner being prosecuted is registered.

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Article R4126-18 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 R4126-19 of the French Public Health Code

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 chambers of first instance and before the national disciplinary chambers. 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 chambers of first instance and by the presidents of the…

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Article R4126-21 of the French Public Health Code

The death of the practitioner 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 R4126-23 of the French Public Health Code

A member of the court who assumes that he or she has grounds for disqualification or who conscientiously considers that he or she should abstain shall be replaced by another member appointed by the chairman of the court. If a full member of the Disciplinary Board is unable to attend or abstain, or if he agrees to a request for disqualification, he may be replaced by one of the substitute…

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Article R4126-25 of the French Public Health Code

The docket for each hearing is drawn up by the Chairman of the Disciplinary Board. The parties are summoned to the hearing. The summons must reach the parties 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 of Civil Procedure . However, when the case is referred to the…

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