French Public Health Code
In forceI.-When there is a risk that they will enter into direct competition with the public health establishment in which they were mainly practising, the practitioners mentioned in article L. 6151-1, in 1° of article L. 6152-1 and those mentioned in 2° of the same article L. 6152-1, whose working time is at least 50%, to carry out a paid activity in a private for-profit health establishment, a private practice, a private medical biology laboratory or a pharmacy.
The director of the support institution, acting on a proposal from the directors of the institutions that are members of the regional hospital grouping, after obtaining the opinion of the grouping's medical commission and strategic committee, sets the conditions for implementing this ban, by profession or speciality and, where applicable, by institution, in accordance with the procedures defined by regulation.
The ban may not exceed a period of twenty-four months and may only apply within a maximum radius of ten kilometres of the public health establishment in which the practitioners mentioned in the first paragraph of I of this article are primarily practising.
In the event of non-compliance with this prohibition, compensation is payable by the practitioners for each month during which the prohibition is not complied with. The amount of this compensation may not exceed 30% of the average monthly remuneration received during the last six months of activity.
As soon as non-compliance with this prohibition has been duly noted, in accordance with the adversarial procedure, the director of the establishment will notify the practitioner of the reasoned decision setting the amount of compensation due calculated on the basis of the average monthly remuneration received during the last six months of activity.
II - Practitioners mentioned in 1° of article L. 6152-1 working part-time may not use their hospital duties to enter into direct competition with the public health establishment in which they work on a principal basis as part of a remunerated activity in a private for-profit health establishment, a private practice, a private medical biology laboratory or a pharmacy.
The practitioner's decision to work part-time may include a ban on paid work within a maximum radius of ten kilometres of the public health establishment in which he/she works on a principal basis.
As soon as non-compliance with this prohibition has been duly noted, in accordance with the adversarial procedure, the authorisation to practise part-time is terminated.
The procedures for applying this article are laid down by decree in the Conseil d'Etat.
