French Public Health Code
In forceI.- In the case of infirmity or pathological condition making it dangerous to practise the profession, the temporary suspension of the right to practise is pronounced by the competent regional council or central council for a fixed period, which may, if necessary, be renewed. However, where the infirmity or pathological condition is not such as to prohibit the person concerned from practising as a pharmacist, the above-mentioned authorities may simply require him to seek assistance.
II - The matter is referred to the competent regional council or central council either by the director general of the regional health agency or by a decision of the national council. These referrals are not subject to appeal.
III -Suspension may only be ordered on the basis of a reasoned report, drawn up at the request of the competent Regional Council or Central Council by three doctors appointed as experts, the first by the person concerned, the second by the competent Regional Council or Central Council and the third by the first two experts.
IV - If the person concerned fails to appoint the first expert or if the two experts do not agree on the appointment of the third, the appointment is made, at the request of the Council, by order of the President of the Judicial Court within whose jurisdiction the person concerned has his professional residence. This request does not require the assistance of a lawyer.
V.-The experts will carry out the assessment together, unless this is manifestly impossible. The expert report shall be submitted no later than six weeks from the date of referral to the Council.
If the experts are unable to reach a joint conclusion, the report shall include the reasoned opinion of each of them.
If the person concerned does not attend the meeting convened by the experts, a second meeting will be convened. If the person concerned fails to attend both summonses, the experts will draw up a deficiency report for the competent regional or central council, which may then suspend the pharmacist on the grounds of presumed infirmity or pathological condition making it dangerous to practise the profession.
Before taking a decision, the competent regional council or central council may, in a decision that is not subject to appeal, decide to have an additional expert opinion carried out under the conditions set out in this article.
VI-If the competent Regional Council or Central Council has not taken a decision within two months of receiving the request submitted to it, the matter will be referred to the Conseil national de l'ordre.
VII-These bodies will make the resumption of professional activity subject to a determination of the fitness of the person concerned by a new assessment carried out under the conditions set out in III, IV and V of this article, which it is the responsibility of the pharmacist concerned to request to be organised by the competent regional council or central council no later than two months before the expiry of the period of suspension.
If the expert report is favourable to the resumption of professional practice, the competent regional council or central council may decide that the pharmacist is fit to practise his profession and shall inform the authorities who were notified of the suspension.
If it considers that it is not possible to follow the favourable opinion of the experts or if the expert opinion is unfavourable to the resumption of professional practice, the council will pronounce a new temporary suspension of the right to practice or, if the infirmity or pathological condition is not such as to prohibit the person concerned from practising as a pharmacist, the council may simply impose the obligation to be assisted.
VIII - The experts invoice their fees in accordance with the list of acts defined by order of the Minister of Health. Expenses and fees are paid by the Council.
