I.- In the event of professional inadequacy making it dangerous to practise the profession, the right to practise may be temporarily suspended, in whole or in part, by the regional or inter-regional council for a specified period, which may, if necessary, be renewed.
The matter is referred to the regional or inter-regional council either by the director general of the regional health agency, or by a decision of the departmental council or the national council. These referrals are not subject to appeal.
II – Suspension may only be ordered on the basis of a reasoned report drawn up at the request of the regional or inter-regional council under the following conditions:
1° For doctors, the report is drawn up by three doctors qualified in the same speciality as that of the practitioner concerned and appointed as experts, the first by the person concerned, the second by the regional or inter-regional council and the third by the first two experts. The third expert is chosen from among the teaching and hospital staff with tenure in the specialty. For general medicine, the third expert is chosen from among the tenured teaching staff or the associate professors or associate lecturers of the universities;
2° For dental surgeons, the report is drawn up by three dental surgeons, where applicable, qualified in the same speciality as that of the practitioner concerned, appointed as experts, the first by the interested party, the second by the regional or inter-regional council and the third by the first two experts. The latter is chosen from among the teaching staff, if any, in the speciality;
3° For midwives, the report is drawn up by three midwives appointed as experts, the first by the person concerned, the second by the regional or inter-regional council and the third by the first two experts. The third expert is chosen from among the teaching midwives or directors of midwifery schools.
III – If the interested party fails to appoint the first expert or if the two experts disagree on the appointment of the third, the appointment is made, at the request of the regional or inter-regional council, by order of the president of the judicial court in whose jurisdiction the interested party’s professional residence is located. This request does not require the assistance of a lawyer.
IV – The experts will examine the practitioner’s theoretical and practical knowledge together, unless this is manifestly impossible. The expert’s report is submitted no later than six weeks after the matter is referred to the Council. It shall indicate the shortcomings identified during the expert assessment, their dangerousness and recommend ways of remedying them through theoretical and, if necessary, practical training.
If the experts are unable to reach a joint conclusion, the report includes the reasoned opinion of each of them.
If the person concerned does not appear when summoned by the experts, a second summons will be sent. If the person concerned fails to attend both summonses, the experts will draw up a deficiency report for the attention of the Regional or Inter-Regional Council, which may then suspend the practitioner on the grounds of presumed professional inadequacy making it dangerous to practise the profession.
V.-Prior to taking a decision, the regional or inter-regional council may, in a decision that cannot be appealed, decide to have an additional assessment carried out under the conditions set out in II, III and IV of this article.
VI -If the regional or inter-regional council has not reached a decision within two months of receiving the request submitted to it, the matter will be referred to the Conseil national de l’ordre.
VII – The decision to temporarily suspend the right to practise on the grounds of professional incompetence sets out the practitioner’s training obligations.
Notification of the decision will state that the practitioner may not resume practising without first providing proof to the regional or inter-regional council that he/she has fulfilled the training obligations set out in the decision.
VIII – The experts invoice their fees in accordance with the rates for procedures defined by order of the Minister for Health. Expenses and fees are to be paid by the Council that commissioned the expert assessment.