Subsection 4: Professional inadequacy

When the national status committee is called upon to give an opinion on the professional inadequacy of a practitioner under the conditions set out in article R. 6152-80 or R. 6152-255, it sits with the following composition: 1° The chairman or his alternate; 2° The members representing the administration; 3° Elected members representing hospital practitioners from the section in which the practitioner who is the subject of the procedure practices.

The following persons may not sit on the committee 1° The spouse of the practitioner concerned or any person related to the latter by blood or marriage up to and including the fourth degree; 2° Any person who initiated the procedure; 3° The author of the investigation whose conclusions prompted the referral of the matter to the Commission; 4° The practitioner who is the subject of the procedure; 5° The…

The Committee may only validly deliberate if at least two thirds of its members, including the Chairman or his alternate, are present.

The practitioner whose case is referred to the Committee shall be informed of the referral by any means which confers a date certain and shall be invited to acquaint himself with the documents in his file, in particular those on which the charge of professional incompetence is based. He may submit written and oral observations to the Committee. Witnesses are summoned directly either by the administration or by the practitioner…

The experts’ reports drawn up in the course of the procedure are forwarded to the Chairman of the Committee, who communicates them to the members and to the practitioner concerned at least one month before the date on which the Committee is to sit. The experts may be heard by the Committee.

For each case, the chairman of the commission chooses a rapporteur either from among the members of the Inspectorate General of Social Affairs who are doctors, or from among the inspectors of the regional health agencies who are doctors or pharmacists, with the exception of inspectors who are doctors or pharmacists working in the regional health agency in the region of the establishment where the practitioner concerned is practising. If…

The rapporteur shall investigate the case by all means likely to enlighten the Committee; he shall draw up a written report containing a statement of the facts and the arguments of the parties and shall forward it to the Chairman of the Committee. If an expert or the rapporteur has relied on new elements, the Chairman shall order the communication of the documents used and postpone the date of the…

The Committee shall hear any person it considers should be invited to attend. If it does not consider itself sufficiently informed, the Committee may order further information to be provided. In this case, the opinion provided for in article R. 6156-78 is given after a new report has been submitted and the practitioner concerned has been notified of the new information submitted to the Commission. The practitioner then has an…

The deliberations are not public and votes are taken by secret ballot. The members of the committee first decide on the dismissal of the practitioner who is the subject of the procedure. This measure can only be adopted by an absolute majority of the members present. In the event of a tie, a second ballot shall be held. If, in the second ballot, this measure does not receive an absolute…

The reasoned opinion issued by the committee is forwarded within fifteen days to the Director General of the Centre National de Gestion for decision.