Title VI: Criminal provisions

If a doctor, dental surgeon or midwife gives consultations on the premises or outbuildings of commercial premises where the equipment they prescribe or use is sold, they will be liable to a fine of 4,500 euros. A repeat offence is punishable by six months’ imprisonment and a €9,000 fine.

The following is punishable by a fine of 3,750 euros: 1° Practising medicine, dentistry or the profession of midwife without having registered or re-registered his or her diploma in breach of the provisions of article L. 4113-1 ; 2° For a doctor, failing to comply with requests from the public authorities.

Any doctor, dental surgeon or midwife who makes a false declaration with a view to being entered on the roll is liable to three months’ imprisonment and a fine of €3,750.

The creation and use for commercial canvassing or promotional purposes of files composed from data derived directly or indirectly from medical prescriptions or medical information mentioned in article L. 161-29 of the Social Security Code, where these files enable the prescribing professional to be identified directly or indirectly, are punishable by two years’ imprisonment and a fine of 75,000 euros.

Refusal by a non-practising contractor to draw up in writing one of the contracts or amendments provided for in article L. 4113-9 is punishable by a fine of 6,000 euros.

Giving consultations or prescribing treatment while claiming to be able to modify or repress a person’s sexual orientation or gender identity, whether true or assumed, is punishable by two years’ imprisonment and a fine of 30,000 euros. The offence provided for in the first paragraph is not constituted when the health professional simply invites a person to reflect and exercise caution, particularly in view of their young age, if they…