Subsection 9: Professional inadequacy.

Professional incompetence consists of a duly established inability to carry out the work or assume the responsibilities normally associated with the duties of a hospital practitioner. It results from the practitioner’s inability to carry out his duties due to his physical or mental condition or intellectual capacity. Professional incompetence cannot be accepted in the cases mentioned in articles R. 6152-37 to R. 6152-41. It is distinct from misconduct of a…

When the national status committee is called upon to give an opinion on the professional inadequacy of a hospital practitioner, it sits with a composition and according to the procedures determined in articles R. 6156-69 to R. 6156-78. The matter is referred to the national statutory commission by the Director General of the Centre National de Gestion after obtaining the opinion of the medical commission of the establishment to which…

When the interests of the service so require, a practitioner who is the subject of a procedure provided for in article R. 6152-80 may be suspended pending a decision on his case. For the duration of his suspension, he shall retain the full emoluments provided for in 1° of article R. 6152-23.

In the event of dismissal for professional incompetence, the person concerned will receive compensation equal to half the last monthly remuneration received prior to dismissal for each of the first twelve years of service, and one third of the same remuneration for each of the following years, up to a maximum of twelve times the monthly remuneration. Any period of service in excess of six months is counted as one…