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Article R4234-1 of the French Public Health Code

I.-Disciplinary proceedings against a pharmacist may only be brought by one of the following persons or authorities: 1° The president of the Conseil national, of a central council or of a regional council of the Ordre des pharmaciens as well as the presidents of the overseas delegations; 2° The Minister for Health, the Minister for Social Security, the Director General of the Agence nationale de sécurité du médicament et des…

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Article R4234-2 of the French Public Health Code

Sanction decisions taken by the hierarchical authority on the basis of statutory or contractual provisions against pharmacists practising in health or medico-social establishments are forwarded, by any means giving a certain date of receipt, by the director of the establishment to the director general of the relevant regional health agency and to the central or regional council on whose roll the pharmacist is registered. Sanction decisions taken by the hierarchical…

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Article R4234-3 of the French Public Health Code

I.-In all proceedings, the chairman of the Disciplinary Board of First Instance and the chairman of the National Disciplinary Board may, by reasoned order, without prior inquiry: 1° take note of withdrawals; 2° reject complaints or applications that manifestly do not fall within the jurisdiction of the court; 3° declare that there is no need to rule on a complaint or application; 4° reject complaints or applications that are manifestly…

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Article R4234-4 of the French Public Health Code

I.- Pursuant to the provisions of article L. 4234-5-1, the chairman of the Disciplinary Board of First Instance may, if he considers that the dispute so warrants, convene the Disciplinary Board in a restricted formation or decide to refer to the full Disciplinary Board a case examined by the restricted formation. The decisions of the chairman of the Disciplinary Board taken pursuant to this I shall not be subject to…

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Article R4234-5 of the French Public Health Code

I.-Pursuant to the provisions of article L. 4234-8-1, the National Disciplinary Chamber may meet as a restricted panel to consider any dispute where the appeal is manifestly unfounded. It may also meet as a restricted panel to consider appeals against decisions handed down by a restricted panel pursuant to the provisions of article R. 4234-4. The Chairman of the National Disciplinary Chamber may refer a case decided at first instance…

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Article R4234-6 of the French Public Health Code

At the headquarters of each Disciplinary Chamber of First Instance and the National Disciplinary Chamber, one or more members of staff carry out registry duties. Registry staff are placed under the functional authority of the president of the court. They follow the investigation of cases, carry out procedural acts and clerk hearings. To this end, they sign correspondence delegated by the president of the court. He is bound by professional…

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Article R4234-7 of the French Public Health Code

The same magistrate may be appointed to chair the disciplinary board of several councils, either as a full member or as an alternate. The orders of the ministers responsible for the budget and health setting the allowances payable to the chairmen or deputy chairmen of the disciplinary boards, as provided for in articles L. 4234-3, L. 4234-4 and L. 4234-8, are issued after consultation with the Conseil national de l’ordre…

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Article R4234-8 of the French Public Health Code

The competent disciplinary chamber is that of the regional or central council in whose area of jurisdiction the pharmacist or professional company being prosecuted is registered on the roll on the date on which the acts complained of occurred. The same applies if the pharmacist or professional company being prosecuted is not entered on the roll but was at the date of the acts. When the complaint is directed against…

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Article R4234-9 of the French Public Health Code

Where two or more Disciplinary Boards of First Instance are simultaneously seised of separate but related applications that normally fall within their respective jurisdictions, each of the presidents concerned shall refer the matter to the president of the National Disciplinary Board and send him or her the application file. The presidents of the Disciplinary Divisions of first instance hearing the other claims shall be notified of the referral order and…

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Article R4234-10 of the French Public Health Code

When a Disciplinary Board receives a complaint or an application that it considers falls within the jurisdiction of another Disciplinary Board, its Chairman shall forward the file to that Board without delay, in a non-reasoned order that is not subject to appeal and does not have the force of res judicata. However, the Chairman shall be competent to reject complaints or applications that are manifestly inadmissible and cannot be remedied…

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