The duties of a member of a disciplinary chamber are incompatible with the exercise of other duties within the Association’s Council, with the exception of those of assessors in the social insurance sections of disciplinary chambers.
When a doctor, dental surgeon or midwife has been convicted by a criminal court, the disciplinary chamber may, if appropriate, impose one of the penalties provided for in article L. 4441-10 on him, under the conditions provided for in articles L. 4126-1 and L. 4126-2. In order to ensure the application of the provisions of the previous paragraph, the judicial authority will immediately notify the national council of the ordre…
Employers or, in the case of civil servants, the hierarchical authority are required to allow their employees or civil servants who are members of the Disciplinary Chamber of New Caledonia or that of French Polynesia the time necessary to attend and participate in the Chamber’s hearings. The employee must inform the employer or the hierarchical authority of the hearing as soon as he is aware of it. Time spent away…
The provisions of the first paragraph of article L. 4122-2 are applicable in New Caledonia and French Polynesia.
Illegal practice of the profession of doctor, dental surgeon or midwife during a period of temporary disqualification or removal from the roll as provided for in article L. 4124-6 or L. 4441-10 is punishable by three months’ imprisonment and a fine of 9,000 euros. In all cases, the judge may order the confiscation of the equipment used for the illegal practice.
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…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
