French Public Health Code
In forceI. - The National Disciplinary Chamber, which hears appeals against decisions handed down by the Disciplinary Chambers of first instance, sits at the National Council. It comprises full assessors and an equal number of alternate assessors. The assessors shall be of French nationality.
II. - It is chaired by a serving or honorary member of the Conseil d'Etat with at least the rank of Conseiller d'Etat, appointed by the Vice-President of the Conseil d'Etat for a renewable term of six years. One or more deputy chairmen are appointed under the same conditions.
The functions of president or deputy president of the national disciplinary chamber are incompatible with those provided for in article L. 4122-1-1. No person may act as chairman or alternate chairman of the national disciplinary chamber if he has reached the age of seventy-seven.
The amount of the allowances allocated to the chairmen or deputy chairmen of the national disciplinary chambers is set by order of the ministers responsible for the budget and health, after consultation with the order.
Their travel expenses are reimbursed under the conditions laid down in the regulations applicable to civil servants.
These allowances and expenses are paid by the national council.
III. - Substitute members replace full members who are unable to sit or who cease to hold office for any reason whatsoever before the end of their term of office. In the latter case, the term of office of the alternate members is that which remained until the date on which the term of office of those whom they replace would have expired.
Where an alternate member replaces a full member who has ceased to hold office, a supplementary election may be held within six months for a new alternate member whose term of office expires on the same date as that on which the term of office of the member to be replaced would have expired.
At the time of each renewal, a supplementary election is held to fill the seats that have become vacant.
IV. - Practitioners who have been sanctioned pursuant to the provisions of article L. 4124-6 of this Code and articles L. 145-2 and L. 145-2-1 of the Social Security Code are ineligible.
The duties of assessor to the national disciplinary chamber are incompatible with the same duties to the disciplinary chamber of first instance.
The offices of chairman and secretary general of a council are incompatible with the office of assessor to the national disciplinary chamber.
No assessor of the national disciplinary chamber may sit if he has had knowledge of the facts of the case by virtue of the exercise of other functions within the profession, and in particular if he has taken part in the deliberation by which the national council has, where applicable, initiated disciplinary proceedings or appealed against the decision handed down by the disciplinary chamber of first instance.
V. - Decisions of the National Disciplinary Chamber are taken by a panel, subject to exceptions, specified by decree in the Conseil d'Etat, relating to the subject of the referral or dispute or the nature of the issues to be examined or decided. Reasons must be given.
VI. - In addition to the person lodging the complaint and the professional sanctioned, appeals may be lodged with the Minister for Health, the Director General of the Regional Health Agency, the Public Prosecutor, the departmental or territorial council and the National Council of the Association concerned. Appeals against decisions of disciplinary chambers of first instance have suspensive effect, except where the matter is referred to the chamber pursuant to article L. 4113-14. Decisions handed down by the national disciplinary chamber may be appealed before the Conseil d'Etat.
VII. - In the event of a lasting interruption in its operation or in the event of serious difficulties making its operation impossible under normal conditions, the National Disciplinary Chamber shall be dissolved by decree issued on a proposal from the Minister of Justice.
In the event of the dissolution of the national disciplinary chamber or in the event of the resignation of all its members, the National Council shall organise new elections to the chamber without delay.
VIII. - A decree of the Conseil d'Etat shall determine the procedures for the election of the National Disciplinary Chamber, the term of office of its members and the operating and procedural rules that it must comply with.
