French Public Health Code
In forceI. - The regional or inter-regional council, under the supervision of the national council, carries out the tasks defined in article L. 4312-2 at regional level. It represents the profession in the region and coordinates the departmental or interdepartmental councils. It is consulted by the Director General of the Regional Health Agency on issues and projects falling within its remit. Its head office is located in the department in which the regional health agency has its head office, unless the National Council decides otherwise.
It examines projects, proposals or requests for opinions submitted to it by the competent regional health bodies. It is consulted on the plan contract instituted byarticle L. 214-13 of the Education Code before the plan contract is approved by the Regional Council concerned.
It may decide to temporarily suspend the right to practise in the event of professional inadequacy, infirmity of the professional or a pathological condition making it dangerous to practise the profession. In such cases, as in the case of registration on the roll, the Council may meet in a restricted formation.
The regional or inter-regional council authorises its chairman to take legal action. It may, before all courts, exercise all the rights reserved to civil parties in respect of acts directly or indirectly prejudicial to the collective interests of the nursing profession, including in the case of threats or violence committed because of membership of this profession.
The deliberations of the regional or inter-regional council are not public.
II. - Decisions of the regional or inter-regional councils concerning registration on the roll and temporary suspension of the right to practise in the event of professional inadequacy, infirmity or a pathological condition making it dangerous to practise the profession may be the subject of a hierarchical appeal to the national council.
III. - A decree fixes the number of members of each regional or inter-regional council, taking into account the number of nurses registered on the most recently published register.
The national councillors also participate in an advisory capacity in the deliberations of the regional or inter-regional council from which they come.
If the members of a regional or inter-regional council make it impossible for it to function, the Director General of the Regional Health Agency, on a proposal from the National Council of the Order, may, by order, dissolve the regional or inter-regional council. In this case, he appoints a delegation of three to five members, depending on the size of the dissolved council. Until such time as a new Council is elected without delay, this delegation will manage day-to-day business and perform the functions assigned to the Council.
In the event of the resignation of all the members of the Board, a delegation ensuring the aforementioned functions is appointed under the same conditions.
In the event of the resignation of the majority of the members of this delegation, it is automatically dissolved and, until the new Council takes office, its functions are exercised by the National Council.
IV. - The regional or inter-regional council comprises a disciplinary chamber of first instance, chaired by a magistrate from the administrative order.
The disciplinary chamber of first instance sits in the regional or inter-regional council on which it depends and hearings are held in the department where this council has its seat. It is made up of full assessors and an equal number of alternate assessors. The assessors must be of French nationality.
Articles L. 4124-1 to L. 4124-3, L. 4124-5, L. 4124-6 and L. 4124-6-1, II to V of article L. 4124-7 and L. 4124-8 are applicable to nurses under conditions set by decree in the Conseil d'Etat.
The employer shall inform the president of the regional council of the order of any disciplinary sanction mentioned in the first paragraph of article L. 4311-26, pronounced for professional misconduct against a nurse working in the public sector.
