Paragraph 3: Duties towards colleagues

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…

The replacement nurse who is not installed shall carry out the replacement at the place of professional practice of the replaced nurse and under his own responsibility. The replacement private practice nurse may, if the replaced nurse agrees, see patients in his or her own practice.

Once he has completed his assignment and ensured continuity of care, the replacement nurse gives up all his replacement activities with the clientele of the replaced nurse. A nurse who replaces one of his colleagues for a period of more than three months, consecutive or otherwise, must not, for a period of two years, set up in a practice where he may enter into direct competition with the colleague replaced…

Nurses may enlist the help of one or more self-employed colleagues, under the conditions set out inarticle 18 of law no. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises. Each of them carries out his activity in complete independence, without any link of subordination, and in compliance with the rules of the profession, in particular the free choice of the nurse by the patients, the prohibition…