French Public Health Code
In forceThe disciplinary penalties applicable to practitioners on attachment are :
1° A warning ;
2° a reprimand
3° Reduction in seniority leading to a reduction in emoluments;
4° Temporary exclusion from service for a period not exceeding six months and deprivation of all remuneration;
5° Dismissal.
A warning or reprimand is pronounced by the director of the establishment after obtaining the opinion of the establishment's medical committee or, where applicable, the local medical committee.
Other penalties are imposed by the director of the institution after consulting the institutional medical committee or, where applicable, the local institutional medical committee.
In the absence of an opinion from the hospital medical committee within two months of its being convened, the opinion of its chairman alone is required.
At least two months before a decision is taken, the person concerned is notified by registered letter with acknowledgement of receipt of the complaints against him/her and the sanctions envisaged; at the same time, he/she receives his/her file.
The Director of the institution shall take a decision within three months of being notified that disciplinary proceedings have been initiated.
The employee is given the opportunity to present oral and written observations and to be assisted by the defence counsel of his choice.
Reasons are given for decisions relating to these sanctions.
The person concerned is notified of the penalty by registered letter with acknowledgement of receipt.
When one of the sanctions mentioned in 3°, 4° and 5° of this article is pronounced, the decision is also sent to the Bar Council.
Dismissal for disciplinary reasons does not give rise to any entitlement to compensation.
