French Public Health Code
In forceI. - The Conseil national de l'ordre shall perform the duties defined in article L. 4312-2 at national level. It shall draw up the code of ethics. It shall ensure that all members of the Association observe their professional duties and the rules laid down in this code. It shall study questions or projects submitted to it by the Minister for Health.
The National Council authorises its President 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 event of threats or violence committed because of membership of this profession.
The National Council is assisted by a member of the Conseil d'Etat with at least the rank of Conseiller d'Etat and with voting rights, appointed by the Minister of Justice; one or more substitutes are appointed under the same conditions.
When ruling on matters provided for in II of article L. 4312-5, the National Council may meet in restricted formation.
The deliberations of the National Council shall not be public.
II. - The National Council sets, calls for and collects the fees payable during the first quarter of the current calendar year by all persons registered on the Roll.
It shall distribute the proceeds of this fee among the councils in proportion to their workload, specifying the portion devoted to the operation of the disciplinary chambers.
Membership fees are compulsory. However, the membership fee is not payable by nurses on medical reserve, retired nurses engaged as volunteer firemen or nurses covered by the provisions of article L. 4143-1 of the Defence Code, provided that they only practise the profession in this capacity.
The National Council manages the Order's assets, defines a property policy and monitors its implementation. It may set up or subsidise organisations of interest to the nursing profession, as well as mutual aid organisations.
It approves and monitors the management of the departmental, interdepartmental, regional and interregional councils. It receives their budgetary and accounting documents. The National Council may request any other document it deems necessary. The procedures for this validation and control are set out in the treasury regulations drawn up by the national council and applicable to all ordinal bodies. The councils must inform the National Council in advance of the creation of any new bodies and must report to the National Council on the operation and management of all the bodies under their authority.
A statutory auditor shall certify the combined accounts of the councils of the Order on an annual basis.
III. - A Conseil d'Etat decree sets the number of members of the national council, taking into account the number of nurses registered on the most recently published roll.
If the members of the national council make it impossible for it to function, its dissolution is ordered by decree issued on the proposal of the Minister for Health.
If the national council is dissolved or if all its members resign, the Minister for Health appoints a delegation of five members. This delegation organises the election of a new council without delay. It shall deal with day-to-day business, perform the functions assigned to the Council and rule on appeals against decisions of the Regional Councils in application of the Code of Ethics.
IV. - The national council includes a national disciplinary chamber which hears appeals against decisions handed down by the disciplinary chambers of first instance. Article L. 4122-3 is applicable to nurses.
V. - The provisions of article L. 4132-6 relating to the commission for the control of accounts and financial investments are applicable to the national council of the nurses' association.
VI. - Articles L. 4122-2-1 and L. 4122-2-2 are applicable to the national council.
