French Public Health Code
In forceI.- In the event of professional inadequacy making it dangerous to practise the profession, the temporary suspension, in whole or in part, of the right to practise is pronounced by the competent regional council or central 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 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 competent regional or central council by three pharmacists from the same section as that of the pharmacist concerned, appointed as experts, the first by the person concerned, the second by the competent regional or central council and the third by the first two experts from among the teaching pharmacists.
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 will be made, at the request of the Council, by order of the President of the judicial court within whose jurisdiction the professional residence of the interested party is located. This request does not require the assistance of a lawyer.
IV - The experts will examine the pharmacist's theoretical and practical knowledge together, unless this is manifestly impossible. The expert report must be submitted within six weeks of the matter being 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 competent regional or central council, which may then suspend the pharmacist on the grounds of presumed professional inadequacy making it dangerous to practise the profession.
V.- Before taking a decision, the competent regional council or central 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 competent Regional Council or Central Council has not taken a decision within two months of receiving the request referred to it, the matter will be referred to the Conseil national de l'ordre.
VII -The decision to temporarily suspend the right to practise for professional inadequacy defines the pharmacist's training obligations.
The notification of the decision states that the pharmacist may not resume professional practice without first providing proof to the competent regional or central council that he/she has fulfilled the training obligations set out in the decision.
VIII - The experts invoice their fees in accordance with the quotation of procedures defined by order of the Minister for Health. Expenses and fees are to be paid by the Council which commissioned the expert assessment.
