Chapter IV: Criminal provisions

duly constituted professional groups of nurses are entitled to bring proceedings before the criminal courts for offences relating to the practice of the profession of nurse, without prejudice to the right to bring a civil action in any proceedings brought by the public prosecutor.

Medical doctors and pharmacist public health inspectors, inspectors from regional health agencies, inspectors from the Agence nationale de sécurité du médicament et des produits de santé (French National Agency for the Safety of Medicines and Health Products) and all persons authorised to ascertain breaches of legislation on the prevention of fraud are authorised to investigate and ascertain the breaches referred to in article L. 4314-6.

Nurses and students at training institutes preparing them to practise the profession are bound by professional secrecy under the conditions and subject to the reservations set out in articles 226-13 and 226-14 of the French Penal Code.

Illegal practice of the nursing profession 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 in article 131-35 of the French Criminal Code; b) Confiscation of the thing that was used or intended to be used to commit the offence or of the…

The unauthorised use of the title of nurse or of a diploma, certificate or other title legally required for the practice of this profession is punishable as the offence of usurpation of title provided for in article 433-17 of the French Penal Code. Legal entities declared criminally liable, under the conditions set out in article 121-2 of the French Penal Code, for the offence defined in this article shall be…

The offences referred to in articles L. 4163-3 and L. 4163-4 apply to nurses and are punishable by two years’ imprisonment and a fine of 75,000 euros. In the event of conviction, the courts or tribunals may, as an additional penalty, impose a temporary ban on practising the profession for a period of up to ten years.