Title IV: New Caledonia and French Polynesia

For application in New Caledonia and French Polynesia, the following is added to article L. 4132-1: “An agreement between the national council of the order and the body of the order in New Caledonia, on the one hand, and the body of the order in French Polynesia, on the other hand, sets out the conditions under which the body of the order is represented on the national council and the…

In New Caledonia and French Polynesia, the court of first instance of the Medical Council is constituted by a disciplinary chamber composed of full assessors and an equal number of alternates elected by the body of the Medical Council in New Caledonia or French Polynesia or, failing this, by the National Council. The Disciplinary Chamber may only sit validly if all its members are present. The disciplinary chamber of first…

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 will be replaced by an alternate member and, if necessary, a supplementary election will be held to appoint a new alternate member whose term of office will end on the same date as that on which the term of office of the member…

The provisions of Chapters IV and VI of Title II of Book I of this Part, with the exception of Articles L. 4124-7, L. 4124-9, L. 4124-10, L. 4124-11, as well as those of Articles L. 4132-5, L. 4142-3 and L. 4152-6 shall apply to the disciplinary chambers of the Medical Council of French Polynesia and New Caledonia subject to the adaptations of Articles L. 4441-5 to L. 4441-11 ….

Disciplinary proceedings against a doctor may only be brought before the disciplinary chamber by one of the following persons or authorities: 1° The Conseil national or the body of the Medical Council of New Caledonia or that of French Polynesia, acting on their own initiative or following complaints lodged in particular by patients, compulsory social security bodies, medical officers in charge or responsible for the medical control department attached to…

For its application in New Caledonia and French Polynesia, Article L. 4124-2 reads as follows: “Art. L. 4124-2. – Doctors entrusted with a public service and registered on the register of New Caledonia or that of French Polynesia may only be brought before the disciplinary chamber of first instance, in respect of acts performed in their public capacity, by the representative of the State, the public prosecutor, the Conseil national…

In article L. 4124-6, the words “the départements” are replaced by the words “New Caledonia and its provinces and French Polynesia”.

For the application of Article L. 4126-1 in New Caledonia and French Polynesia, the words: “Articles 643 and 644 of the Code of Civil Procedure” are replaced by the words: “locally applicable rules of civil procedure relating to the computation of time limits”.

In article L. 4126-5, the words: “social laws” are replaced by the words: “social regulations or laws in force in New Caledonia or French Polynesia”.