French Public Health Code
In forceProfessional incompetence consists of a duly established inability on the part of the practitioner to carry out the work or assume the responsibilities normally associated with the duties of an attached practitioner.
The person concerned is notified by registered letter from the director of the establishment, with acknowledgement of receipt, of the opening of a professional incompetence procedure. He/she will receive his/her file and will be given the opportunity to present oral and written observations with the assistance of a defender of his/her choice.
If an Associate Practitioner or Associate Associate Practitioner demonstrates professional incompetence, the nature of his duties may be changed or he may be dismissed with compensation. These measures are decided by the director of the hospital after obtaining the opinion of the hospital medical committee or, where applicable, the local hospital medical committee.
In the absence of an opinion from the establishment's medical committee within two months of its being convened, the opinion of its chairman alone is required.
In the event of proceedings for professional incompetence, suspension may be pronounced under the conditions provided for in article R. 6152-627.
In the event of dismissal for professional incompetence, the person concerned will receive compensation, the amount of which is set at half the last monthly emoluments received prior to dismissal, multiplied by the number of years of actual service in the establishment concerned, up to a maximum of twelve. Beyond full years, a period of service equal to or greater than six months is counted as one year; a period of service of less than six months is not taken into account when calculating entitlement. Service as an attaché practitioner and service as an attaché practitioner for practitioners who have benefited from the provisions of article 33 of decree no. 2003-769 of 1 August 2003 will be taken into account, as long as they were performed consecutively.
