Subsection 4: Proceedings against the trader

In the event of non-conciliation, the President of the Council of the Association on whose roll the health professional is registered will forward a reasoned opinion on the complaint to the Disciplinary Chamber of First Instance of the competent Ordinary Court, associating himself with it where appropriate. This transmission is accompanied by the complaint and all the documents from the conciliation procedure. It must be sent within three months of…

The condition of recidivism referred to in article L. 1110-3, which precludes the implementation of the conciliation procedure provided for in these same provisions, as well as that provided for in article L. 4123-2, is met when the health professional in question has already been the subject, in the six years preceding receipt of the complaint, of a definitive sanction for discriminatory refusal of care, pronounced by an Ordinary Court…

If the professional association concerned fails to comply with the three-month time limit stipulated in article R. 1110-11 for implementing the conciliation procedure, or the time limit stipulated in article R. 1110-13 for bringing the matter before the disciplinary court following a failure to reach conciliation, the director of the local health insurance body will initiate the sanction procedure provided for inarticle L. 114-17-1 of the Social Security Code, in…