Book IV: Mayotte, Wallis and Futuna Islands and French Southern and Antarctic Territories, New Caledonia and French Polynesia

In New Caledonia and French Polynesia, the court of first instance of the pharmacists’ association shall consist of a disciplinary chamber presided over by a serving member of the administrative courts and administrative courts of appeal, appointed by the president of the administrative court within whose territorial jurisdiction the chamber has its seat and made up of six full members and six alternate members elected from among its members by…

The pharmacist members of the Disciplinary Board are elected for a term of six years and may be re-elected every three years in fractions of three members. Retiring members may be re-elected. A deputy is elected at the same time as each full member. The Chairman is appointed for a renewable period of six years. If, during this period, the chairman is prevented from sitting or ceases to hold office,…

Alternate members of the Disciplinary Board replace full members who are unable to sit. If a full member ceases to hold office for any reason whatsoever, he is replaced by his alternate. A supplementary election shall then be held to appoint a new alternate member whose term of office shall end on the same date as that on which the term of office of the member to be replaced would…

The Disciplinary Board may only rule when all its members and its Chairman are present. If the quorum is not reached, the Chairman shall (1) reconvene the members of the Disciplinary Board, which shall then sit validly regardless of the number of members present. In the event of a tie, the Chairman shall have the casting vote. Practitioners called to appear before the Disciplinary Board may be assisted by a…

A case may be referred to the Disciplinary Chamber by the President of the Government of New Caledonia or French Polynesia, the Public Prosecutor, the State representative, the President of the National Council, the President of the Association body of New Caledonia or French Polynesia, a pharmacist entered on the roll of the Association or, under conditions determined by decree, a private individual in the event of a breach of…

Penalties and bans imposed in application of article L. 4234-6 that have become final are brought to the attention of the disciplinary chamber of the pharmacists’ association of New Caledonia and French Polynesia by the national council of the association.

For its application in New Caledonia and French Polynesia, the following is added to article L. 4231-4: “An agreement between the Conseil national de l’ordre and the professional body of New Caledonia on the one hand, and that of French Polynesia on the other hand, sets out the terms of coordination between these two institutions.”