Title VI: Criminal provisions

The following are practising medicine illegally 1° Any person who habitually takes part, even in the presence of a doctor, in the diagnosis or treatment of diseases, congenital or acquired, real or supposed, by personal acts, verbal or written consultations or by any other means whatsoever, or performs one of the professional acts provided for in a nomenclature laid down by order of the Minister for Health, made after consulting…

The practice of dentistry is unlawful: 1° Any person who habitually or by continuous direction, even in the presence of a practitioner, takes part in the practice of dentistry, by consultation, personal act or any other procedures whatsoever, in particular prosthetic procedures; -without holding a diploma, certificate or other evidence of formal qualifications referred to in article L. 4141-3 and required for the practice of the profession of doctor or…

The profession of midwife is practised illegally by : 1° Any person who habitually performs the acts mentioned in article L. 4151-1 without fulfilling the conditions required by this book for the practice of the profession of doctor or midwife, in particular by articles L. 4111-1, L. 4111-3, L. 4111-7 and L. 4151-5 ; 2° Any person who, in possession of a valid title, exceeds the powers conferred upon him…

With specific regard to the illegal practice of medicine, dentistry or the profession of midwife, doctors, dental surgeons and midwives and the trade unions concerned may bring cases before the courts by way of direct summons, issued under the terms of article 388 of the Code of Criminal Procedure, without prejudice to the right to bring a civil action, if appropriate, in any proceedings brought by the Public Prosecutor.

Illegal practice of the profession of doctor, dental surgeon or midwife is punishable by two years’ imprisonment and a fine of €30,000. Natural persons are also liable to the following additional penalties: a) Posting or distributing the decision handed down, in accordance with the conditions set out inarticle 131-35 of the Criminal Code ; b) Confiscation of the thing that was used or intended to be used to commit the…

Legal entities held criminally liable, under the conditions set out in article 121-2 of the French Criminal Code, for the offence defined in article L. 4161-5 shall incur, in addition to the fine set out in article 131-38 of the French Criminal Code, the penalties set out in 2° to 9° of article 131-39 of the same code. The ban referred to in 2° of article 131-39 of the same…