French Public Health Code
In forceI.-When, on grounds of failure to comply with the provisions of articles R. 6153-2 to R. 6153-2-3, a decision has been taken within a health care establishment, in application of the regulations in force, to suspend a student's training period, to suspend or withdraw approval for a training site or to terminate the duties of the head of department or head of an internal structure, the Director General of the Regional Health Agency, if, after a period of four months from the date of notification of this decision, he finds that these shortcomings persist or have worsened within the department or internal structure concerned, gives formal notice to the director of the establishment to submit a report specifying the commitments made and measures decided upon to remedy the situation.
In the same letter, it informs the director that this formal notice constitutes the opening of a procedure, at the end of which it may, pursuant toarticle L. 1435-7-1 of the Public Health Code, decide to impose a financial penalty on the establishment, and informs the director that the establishment may be assisted by counsel.
With a view to the application of the preceding provisions, the directors of health establishments shall immediately inform the Director General of the Regional Health Agency to which they report of any decision to terminate the functions of a head of department or head of an internal structure due to failure to comply with the provisions of articles R. 6153-2 to R. 6153-2-3.
II. - The report requested shall be submitted to the Director General of the Regional Health Agency to which they report.The report requested is submitted to the Director General of the Regional Health Agency within four months of receipt of the formal notice. The Director General of the Regional Health Agency may, where circumstances so require, reduce this period to two months.
From receipt of the report or the end of the period set for its submission, the Director General of the Regional Health Agency has two months in which to assess the situation and, where appropriate, inform the health care organisation of his intention to impose a financial penalty and the amount he intends to set. In this case, the health care organisation has a period of not less than two months from the date of this information in which to submit its observations.
III.-The financial penalty is the subject of a reasoned decision by the Director General of the Regional Health Agency, which specifies the time limits and appeal procedures. The establishment will be notified of the order by any means that confers a date certain.
IV - The amount of the financial penalty that may be imposed in application of this article takes into account the seriousness of the breaches observed, their duration and any repetition, as well as the number of students concerned. It may not exceed the total amount of credits delegated to finance postgraduate student posts at the placement concerned.
