Subsection 3: Private practice

Nurses are prohibited from engaging in all forms of unfair competition and, in particular, all forms of competition, commission, fee-splitting and customer misappropriation, subject to the provisions of article L. 4312-15 relating to nurses practising jointly and receiving a fixed fee per patient.

A nurse may only be temporarily replaced by a colleague who may or may not have set up practice. In the latter case, and without prejudice to the rules relating to health insurance, the replacement must hold a replacement authorisation, for a renewable period of one year, issued by the departmental council of the order in which he or she is registered. The replacement nurse may not replace more than…

During the replacement period, the replaced nurse must refrain from any professional nursing activity, except in the event of failure to assist a person in danger and at the request of the authorities in the event of an emergency, disaster or calamity, as referred to in the second paragraph of article R. 4312-8. When the nurse being replaced practices within the framework of an association or company, he/she shall inform…

A nurse may be replaced for as long as he or she is unavailable. However, a nurse banned from practising by disciplinary decision may not be replaced for the duration of the sanction. If the replacement lasts more than twenty-four hours, or if the replacement lasts less than twenty-four hours but is repeated, a replacement contract must be drawn up in writing between the two parties and communicated to the…