Subsection 13: Disciplinary board

The following persons may not sit on the Disciplinary Board for a given case 1° The spouse of the practitioner concerned or a person related to him or her by blood or marriage up to and including the fourth degree; 2° The person who lodged the complaint that led to the matter being referred to the Disciplinary Board; 3° The person who conducted the investigation whose conclusions led to the…

Practitioners are represented by the elected representatives of the discipline or group of disciplines to which the practitioner for whom the procedure has been implemented belongs.

Witnesses may be called by the parties, who must inform the Chairman of the Disciplinary Board of the names and qualifications of the persons called.

For each case, the chairman of the Disciplinary Board chooses a rapporteur either from among the members or former members of the Inspectorate General of Social Affairs, who are medical doctors and do not belong to the Disciplinary Board, or from among the inspectors of the regional health agencies who are doctors and pharmacists, with the exception of doctors or pharmacists practising in the regional health agency in the region…

The rapporteur shall investigate the case by all means likely to enlighten the Disciplinary Board; 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 Disciplinary Board. If the rapporteur has relied on new information to investigate the case, the Chairman must order the documents used to be communicated and postpone the…

The Board may only validly deliberate if at least two thirds of its members, including the Chairman or his alternate, are present. If this quorum is not reached, a new notice is sent within eight days to the members of the Board, which then sits validly if at least half of its members, including the Chairman or his alternate, are present. Voting is by secret ballot. If several disciplinary sanctions…

The opinion of the Disciplinary Board must state the reasons on which it is based and mention the names of the members who took part in the deliberations. It is signed and dated by the chairman. The opinion of the Disciplinary Board shall be forwarded within fifteen days to the Director General of the Centre National de Gestion, together with any observations made prior to referral to the Board by…

The secretariat of the Disciplinary Board is provided by the national management centre. The members of the Disciplinary Board and the staff of the National Management Centre who provide its secretariat are bound by professional secrecy as defined in articles 226-13 and 226-14 of the French Criminal Code with regard to all facts and documents of which they have knowledge in their capacity as such.