Section 1: Disciplinary action

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Article R4234-1

French Public Health CodeIn force

Updated 3 Nov 2023

I.-Disciplinary proceedings against a pharmacist may only be brought by one of the following persons or authorities:

1° The president of the Conseil national, of a central council or of a regional council of the Ordre des pharmaciens as well as the presidents of the overseas delegations;

2° The Minister for Health, the Minister for Social Security, the Director General of the Agence nationale de sécurité du médicament et des produits de santé and the Director of the Agence nationale de sécurité sanitaire de l'alimentation, de l'environnement et du travail for pharmacists in establishments under their respective control, the Minister for the Economy, the Minister for the Budget and the Minister for Agriculture;

3° In the area in which the pharmacist practises, the director general of the regional health agency, the prefect of the department, the public prosecutor at the judicial court; the medical officers in charge or responsible for the medical control department of a social security fund or organisation, the directors of the local compulsory health insurance organisation;

4° A pharmacists' union or association, a pharmacist or a legal entity registered with the Order;

5° An individual, associations for the defence of the rights of patients, users of the healthcare system or people in precarious situations.

Complaints lodged by the persons mentioned in 4° and 5° shall be signed by the person who lodged the complaint or, in the case of legal entities, by a person who can prove that he or she is entitled to act. In the latter case, the complaint shall be accompanied, on pain of inadmissibility, by the decision of the body statutorily competent to authorise the proceedings.

II.- Complaints shall be lodged with or sent to the President of the competent Central or Regional Council, by any means, including electronic means, that provide a date certain for their receipt. Unless dematerialised means are used, they shall be accompanied by the number of copies mentioned in article R. 4234-12.

The president of the central or regional council acknowledges receipt of the complaint and sends a copy to the accused pharmacist within fifteen days. He will forward the complaint without delay to the registry of the competent disciplinary chamber, except when the complaint comes from one of the persons mentioned in 4° and 5° of this article. In this case, the conciliation procedure provided for in articles R. 4233-33 to R. 4233-36 is implemented beforehand.

Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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