Disciplinary proceedings against a doctor, dental surgeon or midwife may only be brought before the Disciplinary Chamber of first instance by one of the following persons or authorities:
1° The national council or the departmental council of the professional body on whose roll the practitioner in question is registered on the date the matter is referred to the court, acting on their own initiative or following complaints, made in particular by patients, compulsory local health insurance bodies, medical officers in charge of or responsible for the medical control department of a social security fund or organisation, associations for the defence of the rights of patients, users of the healthcare system or people in precarious situations, which they forward, where appropriate in association with them, as part of the procedure provided for in article L. 4123-2. When the complaint is directed against a practitioner who is no longer registered on the roll, but was on it at the date of the events, the departmental council with authority to initiate disciplinary proceedings is the last council on whose roll the person concerned was registered;
2° The Minister for Health, the Prefect of the Department in whose area of jurisdiction the practitioner concerned is registered, the Director General of the Regional Health Agency in whose area of jurisdiction the practitioner concerned is registered, the Public Prosecutor of the Judicial Court in whose area of jurisdiction the practitioner is registered;
3° A practitioners’ union or association.
Disciplinary proceedings are validly initiated when a complaint is forwarded by a departmental council other than the one mentioned in 1°, after the conciliation procedure has been completed. The court communicates the complaint to the departmental council referred to in 1°, which alone is entitled to join in.
Complaints are signed by the complainant and, in the case of a legal entity, by a person with standing to act. In the latter case, the complaint must be accompanied, on pain of inadmissibility, by the deliberation of the body statutorily competent to authorise the proceedings or, for the departmental or national council, by the deliberation signed by the president and containing the council’s reasoned opinion.
When the complaint is directed against a student who is not registered on the roll at the date of the referral, the departmental council with authority to refer the matter to the disciplinary chamber is the council on the roll of which the practitioner with whom the replacement or assistantship was carried out is registered.
Complaints are lodged with or sent to the Registrar’s Office.