French Public Health Code
In forceI. - When, in application of article L. 6154-6, the Regional Commission for Private Practice is consulted by the Director General of the Regional Health Agency on the suspension or withdrawal of a practitioner's authorisation to practise, the Chairman of the Commission appoints a rapporteur from among the members of the Commission, who is responsible for examining the case and has no relationship of interest with the practitioner or the establishment.
A letter of assignment is sent to the rapporteur by the committee chairman and sent to the practitioner concerned, as well as to the chairman of the liberal professions committee and the director of the establishment to which the practitioner is assigned. This letter specifies the nature and extent of the grievances to be investigated and the deadline by which the report must be submitted to the Commission.
II. - The rapporteur shall investigate the case under the supervision of the Chairman, using any means likely to enlighten the Committee.
The report shall be drawn up with due regard for medical confidentiality and patient anonymity. It shall contain all the information needed to establish the existence and, where appropriate, the seriousness of the complaints lodged. It is sent to the members of the Committee, who have fifteen days in which to make any comments they may have. In the light of these comments, the rapporteur may or may not amend his report, which becomes final.
III. - The practitioner is informed by letter of the date on which the committee meets to rule on his case, at least thirty days before said date. The person concerned and, where applicable, his or her defender(s) may inspect the report and the documents in the file at the Commission's secretariat, which must be made available to them at least fifteen days before the date set for the meeting.
The practitioner may ask to be heard by the Committee or submit written observations and be assisted by one or more defenders.
IV. - If one of the practitioner members of the committee is involved, he may not sit on the committee to examine his case. The medical committee of the establishment to which he is assigned or, where applicable, the local medical committee will appoint a replacement for the duration of the procedure.
V. - At the request of the Chairman, the Committee may hear any person likely to enlighten it. It adopts its proposal or opinion by a majority of the members present. In the event of a tie, the Chairman has the casting vote.
The Committee's opinions and proposals shall state the reasons on which they are based.
Where a matter has been referred to it by the Director General of the Regional Health Agency, the Commission shall give its opinion no later than two months after the referral. After this deadline, the opinion is deemed to have been given.
VI. - The procedure provided for in the previous paragraphs also applies when the Commission delivers the opinion referred to in the second paragraph of article L. 6154-6 on the compensation due by the practitioner in application of article L. 6154-2. The commission's opinion shall mention the date from which it considers that the practitioner has not complied with the clause in the contract.
The director of the establishment concerned is informed of the progress of the procedure at the same time as the practitioner concerned.
