French Public Health Code
In forceI.- In the event of infirmity or pathological condition making it dangerous to practise the profession, the right to practise is temporarily suspended by the regional or inter-regional council for a fixed period, which may, if necessary, be renewed.
The matter is referred to the 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 by three doctors 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.
III - If the person concerned 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 Council by order of the president of the judicial court in whose jurisdiction the person concerned has his professional residence. This request does not require the assistance of a lawyer.
IV - The experts will carry out the assessment together, unless this is manifestly impossible. The expert report shall be submitted no later than six weeks from the date of referral to the Council.
If the experts are unable to reach a joint conclusion, the report shall include the reasoned opinion of each of them.
If the person concerned does not attend the meeting convened by the experts, a second meeting will be convened. 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 infirmity or pathological condition making it dangerous to practise the profession.
V.-Prior to taking a decision, the regional or inter-regional council may, in a decision that is not subject to appeal, decide to have an additional assessment carried out under the conditions set out in II, III, IV and VIII of this article.
VI -If the regional or inter-regional council has not taken 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 notification of the suspension decision states that the practitioner may not resume professional practice without first having a new medical assessment carried out, which he/she must request from the regional or inter-regional council no later than two months before the expiry of the suspension period.
VIII - The experts invoice their fees in accordance with the list of procedures defined by order of the Minister of Health. The costs and fees are to be paid by the council that commissioned the expert opinion.
