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Chapter IV: Disciplinary chambers of first instance and regional and inter-regional councils.

Article L4124-1 of the French Public Health Code

The Disciplinary Chamber of first instance must rule within six months of the complaint being lodged. Failing this, the president of the national disciplinary chamber may forward the complaint to another disciplinary chamber of first instance.

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Article L4124-2 of the French Public Health Code

Doctors, dental surgeons or midwives entrusted with a public service and entered on the roll of the Association may only be brought before the disciplinary chamber of first instance, in respect of acts committed in the exercise of their public duties, by the Minister for Health, the State representative in the department, the director general of the regional health agency, the public prosecutor, the national council or the departmental council…

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Article L4124-3 of the French Public Health Code

The Disciplinary Chamber of First Instance may, either at the request of the parties or on its own initiative, order an investigation into facts which it deems useful for the investigation of the case. The decision ordering the investigation shall state the facts to be investigated and shall designate the member of the disciplinary court responsible for investigating the case.

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Article L4124-5 of the French Public Health Code

Alternate members of the Disciplinary Chamber of First Instance replace full members who are unable to sit. If a full member ceases to hold office for any reason whatsoever, he shall be replaced by an alternate member whose term of office shall be that remaining until the date on which the term of office of the member he replaces would have expired. The regional or inter-regional council may then hold…

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Article L4124-6 of the French Public Health Code

The disciplinary penalties that the Disciplinary Chamber of First Instance may impose are as follows: 1° A warning ; 2° a reprimand 3° A temporary ban, with or without a suspended sentence, or a permanent ban from exercising one, several or all of the functions of doctor, dental surgeon or midwife, conferred or remunerated by the State, departments, municipalities, public establishments, establishments recognised as being of public utility or the…

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Article L4124-6-1 of the French Public Health Code

Where the acts of which a doctor, dental surgeon or midwife is accused have revealed a lack of professional competence, the disciplinary chamber of first instance may, without prejudice to any penalties it may impose in application of article L. 4124-6, order the person concerned to undergo training, in particular as part of the continuing professional development defined in article L. 4021-1 or the certification provided for in article L….

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Article L4124-7 of the French Public Health Code

I. – Subject to the provisions of article L. 4124-10-1, the disciplinary chamber of first instance of the medical and dental surgeons’ orders shall sit with the regional or inter-regional council and hearings shall be held in the département where that council has its seat. The disciplinary chamber of first instance of the Association of Midwives shall sit with the inter-regional council of the Association of Midwives on which it…

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Article L4124-8 of the French Public Health Code

After an interval of at least three years has elapsed since a final decision to strike a doctor, dental surgeon or midwife from the roll, the latter may be relieved of the resulting incapacity by a decision of the disciplinary chamber which ruled on the case at first instance. The request is made by a petition addressed to the president of the competent chamber. Where the application has been rejected…

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Article L4124-9 of the French Public Health Code

Doctors and dental surgeons registered on the roll of the relevant order in Réunion and Mayotte are subject to the disciplinary jurisdiction of the disciplinary chamber of first instance of the order of doctors and the disciplinary chamber of first instance of the order of dental surgeons of Réunion-Mayotte respectively, whose election and operating procedures, powers and competences are identical to those of the disciplinary chambers of first instance of…

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Article L4124-10 of the French Public Health Code

Doctors and dental surgeons registered on the roll of the relevant order in Guadeloupe, French Guiana and Martinique are subject to the disciplinary jurisdiction of a disciplinary chamber of first instance of the order of doctors and a disciplinary chamber of first instance of the order of dental surgeons in Antilles-Guyane, the election and operating procedures, powers and competences of which are identical to those of the disciplinary chambers of…

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