French Public Health Code
In forceI. - The competent regional or central council shall, at its request, declare the temporary omission from the roll of the pharmacist who ceases to practise this profession and does not engage in any other activity.
The pharmacist shall state the reasons for his request and the period, which may not be less than two months nor exceed two years, for which he requests to be omitted from the roll.
II. - When the competent regional or central council is informed that a pharmacist has interrupted his activity for more than six months and is not engaged in any other activity, it will automatically declare his temporary omission from the roll for a period of ten months.
The decision may only be taken after the pharmacist concerned has been given the opportunity to submit written observations and, where appropriate, at his request, oral observations. The pharmacist may be assisted by counsel or represented by an agent of his choice.
III. - The decision to omit shall be sent to the interested party by any means giving a date certain of its receipt, as well as to the President of the Conseil national de l'ordre des pharmaciens, to the Director of the regional health agency within whose jurisdiction the pharmacist last practised and, for pharmacists practising in an undertaking or establishment mentioned in articles L. 5124-1 and L. 5142-1, to the Director General of the Agence nationale de sécurité du médicament and to the Director General of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail.
IV. - Without being able to exceed a total period of two years, the period of omission may be extended:
1° On application by the pharmacist to the competent professional body two months before the end of the period stipulated in the decision ordering omission ;
2° At the initiative of the council, if the conditions mentioned in II are still met; the second paragraph of II applies to this renewal.
The decision to extend the omission is notified in accordance with the conditions set out in III.
V. - The competent regional or central council declares the omission to be terminated:
1° Within two months of the pharmacist's request to end the omission before it expires ;
2° If, during the period of omission, it is in possession of information indicating that the conditions for omission are no longer met, and after an adversarial procedure with the person concerned; the council may request any document justifying the resumption of activity in order to declare the omission lifted.
The decision to lift the omission is notified in accordance with the conditions set out in III.
VI. - Omission from the register does not have the effect of exempting the pharmacist from his ethical obligations or from disciplinary proceedings.
Omission may not be pronounced if the pharmacist is the subject of a procedure for temporary suspension of the right to practise for infirmity, pathological condition or professional inadequacy as provided for in articles R. 4221-15 to R. 4221-15-6 or the suspension procedure provided for in article L. 4221-18. A pharmacist who has been temporarily banned from practising may not request to be omitted from the register for the duration of this sanction.
The omission decision ends when the pharmacist is suspended, temporarily banned from practising or struck off the register.
The omission procedure does not apply to legal entities registered with the Order.
