French Public Health Code
In forceI.-The specialist practitioner authorised to carry out his activity within the scope of the present section signs a hosting agreement with the host health establishment and the person governed by public or private law mentioned in 2° of article L. 4111-1-2 or designated by the bilateral cooperation agreement, which provides for:
1° Either that the practitioner is to be remunerated by the person governed by public or private law mentioned in the first paragraph or any other body other than the host health establishment, for the entire duration of his authorisation to practise;
2° Or that he is to be remunerated by the host health establishment against possible reimbursement by the person governed by public or private law mentioned in the first paragraph.
This agreement conforms to a model laid down by order of the Minister for Health.
When hosted by a public health establishment, the practitioner is governed, for the duration of the hosting agreement, by the provisions of Section 3 of Chapter II of Title V of Book I of Part Six relating to the rules applicable to contractual practitioners, subject to the provisions of III to V of this article.
When taken on by a private not-for-profit health establishment, the practitioner is employed under a fixed-term contract, in accordance with the provisions of Title IV of Book II of Part One of the Labour Code.
II.-Before taking up his duties, the practitioner must provide proof that:
1° He is legally entitled to reside and work in France;
2° He meets the conditions of physical and mental fitness to perform the hospital duties required for the training he has undergone, by producing a medical certificate;
3° He meets the conditions of immunisation against certain diseases set in application of article L. 3111-4.
III.-Notwithstanding the first and last paragraphs of article R. 6152-349, the period over which the average working time is calculated is three months. The provisions of article R. 6152-351 do not apply.
The practitioner's service obligations are defined according to the training received and may be shared between his hospital activity, a research activity and university training time.
IV -The practitioner is entitled to the leave provided for in article R. 6152-358 subject to the following reservations:
1° The duration of annual leave is defined, on the basis of twenty-five working days, in proportion to the weekly service obligations. The amount of leave that may be taken in one go may not exceed twenty-four working days. Leave may be split into periods of up to half a day;
2° In the event of sick leave, the practitioner retains his full emoluments for a period of three months, then half for the following three months. The fact that the practitioner is on sick leave does not have the effect of postponing the date on which the hosting agreement comes to an end. The director of the host healthcare establishment may terminate the hosting agreement if the period of absence, whether continuous or cumulative, exceeds one quarter of the total duration of the hosting agreement. It may also terminate the hosting agreement in the event of a medical condition or infirmity that is incompatible with the performance of the duties as certified by an approved doctor;
3° The provisions relating to long-term sick leave, long-term leave, resumption of therapeutic part-time work and unpaid leave linked to the state of health are not applicable.
Practitioners may only be absent from work for the purposes of the leave mentioned in this article and for obligations relating to their theoretical and practical training or research activities.
V.-When the practitioner is remunerated in application of 1° of I of this article, the provisions of articles R. 6152-355 and D. 6152-356 do not apply.
When the practitioner is remunerated by the host health establishment in application of 2° of I of this article, his remuneration is set in accordance with 1° of article R. 6152-355. To this remuneration must be added, where applicable, the hardship allowances provided for by 1° of article D. 6152-356.
VI. -The host practitioner is entered on the roll of the medical association and is subject to the provisions of the code of ethics for his profession.
In the event of disciplinary misconduct, professional inadequacy or an insufficient command of the French language detrimental to the performance of duties, the director of the host health establishment may terminate the agreement to host the practitioner after consulting the head of the practitioner's host structure and the head of the department.
When initiating this procedure, the director may suspend the practitioner as a precautionary measure.
The decisions of the director of the health care institution terminating the hosting agreement shall state the reasons on which they are based. They may only be taken after the practitioner has been given the opportunity to submit written observations and, where appropriate, at his request, oral observations. The interested party may be assisted by counsel or represented by a proxy of his choice.
VII. -Specialist doctors are accompanied throughout their training by the local coordinator for their speciality referred to in 2° of article R. 632-14 of the Education Code.
Specialist dental surgeons are accompanied throughout their training by the inter-regional coordinator for their speciality referred to in article R. 634-12 of the same code.
The coordinator informs the Conseil national de l'ordre and the Minister responsible for health of any information giving cause for concern.
VIII.-At the end of the training period, the practitioner will be given a document drawn up by the host health establishment attesting to the additional training received.
As part of this additional training, they may also follow an option in a speciality provided for in article R. 632-21 of the Education Code, a specialised cross-disciplinary course provided for in article R. 632-22 of the same code or another course. The university at which the student has completed this training will issue a certificate attesting to its successful completion.
