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Ordinance No. 2005-1040 Of 26 August 2005 On The Organization Of Certain Health Professions And The Suppression Of The Usurpation Of Titles And The Illegal Practice Of These Professions

Original Language Title: Ordonnance n° 2005-1040 du 26 août 2005 relative à l'organisation de certaines professions de santé et à la répression de l'usurpation de titres et de l'exercice illégal de ces professions

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Summary

Order ratified by Article 1 of Act No. 2007-127 of 30 January 2007.

Keywords

HEALTH , ARTICLE 38 , ORGANIZATION , PROFESSION , REPRESSION , USURPATION , TITRE , EXERCICE ILLEGAL , PROVISION , CODE , MEDECIN , CONTRAT , MINISTER , ORDERATION . , RATIFICATION

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JORF n°199 of 27 August 2005 page 13923
text No. 46



Order No. 2005-1040 of 26 August 2005 on the organization of certain health professions and the suppression of the usurpation of titles and the illegal exercise of these professions

NOR: SANX0500172R ELI: https://www.legifrance.gouv.fr/eli/ordre/2005/8/26/SANX0500172R/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/ordre/2005/8/26/2005-1040/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister of Health and Solidarity,
Having regard to the Constitution, including article 38;
Considering the code of social action and families;
Considering the Public Health Code;
Considering the social security code;
Considering the criminal code;
Having regard to Act No. 85-772 of 25 July 1985, as amended, on various social provisions, including its article 44;
Considering Act No. 2002-303 of 4 March 2002 on the rights of the sick and the quality of the health system;
Considering Law No. 2004-1343 of 9 December 2004 on the simplification of the law, in particular articles 73 and 84;
Having regard to the opinion of the Superior Council of Administrative Courts and Administrative Appeals Courts of 21 June 2005;
Considering the seizure of the territorial assembly of the Wallis and Futuna Islands on 8 July 2005;
Considering the referral of the Mayotte General Council dated 6 July 2005;
The Council of State heard;
The Council of Ministers heard,
Order:

  • PART I: ORGANIZATION AND FUNCTIONING OF CERTAINMENT PROFESSIONS Article 1


    Book I of Part IV of the Public Health Code (Legislative Part) is amended to read:
    I. - Chapter III of title I is amended as follows:
    1° Section L. 4113-9 is replaced by the following provisions:
    "Art. L. 4113-9. - Physicians, dental surgeons and midwives in exercise, as well as those who apply for their registration in the chart of the order of physicians, dental surgeons or midwives, must communicate to the departmental board of the order of which they fall under the contracts and who are intended to exercise their profession and, if they are not owners of their equipment and the premises in which they exercise or exercise their profession
    "The same obligations apply to contracts and amendments with the aim of resolutely transmitting the ownership of the equipment and the premises.
    "The communication referred to above shall be made within one month of the conclusion of the contract or the advent, in order to allow the application of sections L. 4121-2 and L. 4127-1.
    "The contracts and amendments to which the communication is provided above shall be made available to the Minister responsible for health by the departmental council of the order of doctors, by the departmental council of the order of the surgeon-dentists or by the departmental council of the order of the midwives.
    "Every natural or legal person who passes a contract with a doctor, a dental surgeon or a midwife must do so in writing.
    "Physicians, dental surgeons and midwives in society must communicate to the board the order of which they fall under, in addition to the statutes of that company and their advents, the conventions and amendments relating to its operation or to the relationship between partners. These communications must be made within one month of the conclusion of the agreement or the actor. »
    2° Section L. 4113-12 is replaced by the following provisions:
    "Art. L. 4113-12. - Physicians, dental surgeons and midwives referred to in the first paragraph of section L. 4113-9 may submit to the board of order the contracts mentioned in the first and second paragraphs of that section. Counsel must make his observations known within one month. »
    3° In the second paragraph of Article L. 4113-14, the words: "He immediately informs of his decision the president of the competent departmental council, who" are replaced by the words: "The representative of the State in the department immediately informs the president of the competent departmental council and".
    II. Chapter II of title II is amended as follows:
    1° It is inserted after L. 4122-1 two articles L. 4122-1-1 and L. 4122-1-2 as follows:
    "Art. L. 4122-1-1. - The National Council is assisted by a member of the Council of State having at least the rank of State Councillor and with a deliberative voice, appointed by the Minister of Justice; one or more alternates are designated under the same conditions.
    "The deliberations of the National Council are not public.
    "Art. L. 4122-1-2. - When, by their fact, the members of the National Council put it in the impossibility of functioning, its dissolution is pronounced by decree taken on the proposal of the Minister for Health.
    "In the event of the dissolution of the National Council or the resignation of all its members, the Minister for Health appoints a delegation of five members. This delegation organizes the election of a new council without delay. It regulates current affairs, performs the functions assigned to the board by Article L. 4113-14 and Article II L. 4124-11 and decides on appeals against decisions of departmental councils pursuant to the code of conduct. »
    2° Section L. 4122-2 is replaced by the following provisions:
    "Art. L. 4122-2. - The National Council determines the amount of the contribution paid to each order by any person listed in the table, whether physical or legal.
    "It also determines the quotities of this contribution that will be allocated to each departmental council, to each regional or interregional council and to the national council, specifying the part devoted to the functioning of the disciplinary chambers placed with these bodies.
    "The contributions are mandatory.
    "The national council manages the property of the order and can create or subsidize works of interest to the medical profession as well as works of mutual assistance.
    "He oversees the management of regional or interregional councils as well as departmental councils, which must, in particular, inform him of the establishment and report to him on the management of all agencies dependent on these councils.
    "He pays to regional or interregional councils as well as to departmental councils an amount intended to ensure harmonization of their national expenses. »
    3° Section L. 4122-3 is replaced by the following provisions:
    "Art. L. 4122-3. - I. - The National Disciplinary Board, which is on appeal for decisions rendered by the disciplinary chambers of first instance, sits with the National Council. It includes incumbent assessors and an equal number of alternate members of French nationality, elected under the same conditions.
    “II. - It is presided over by a member of the State Council, active or honorary, having at least the rank of State Councillor, designated in accordance with Article L. 4122-1-1. One or more alternate chairs are designated under the same conditions.
    "III. - Practitioners who have been sanctioned pursuant to the provisions of Article L. 4124-6 of this Code and Article L. 145-2-1 of the Social Security Code are ineligible.
    "The duties of members of the National Disciplinary Chamber are incompatible with the function of assailant in the first instance disciplinary chamber.
    "No member of the National Disciplinary Board may sit when he has been aware of the facts of the case because of other ordinal functions.
    "IV. - The decisions of the National Disciplinary Chamber are made in collegial training. They may be made in restricted training given the subject matter of referral or litigation or the nature of the issues to be examined or tried. They must be motivated.
    "V. - Can appeal, in addition to the author of the complaint and the professional sanctioned, the Minister for Health, the representative of the State in the department or region, the prosecutor of the Republic, the departmental council and the national council of the order concerned. The appeal against the decisions of the disciplinary chambers of first instance has a suspensive effect unless the board is seized under section L. 4113-14. Decisions rendered by the National Disciplinary Chamber are subject to appeal to the State Council.
    "VI. - In the event of a lasting interruption in its operation or in the event of serious difficulties making this operation impossible under normal conditions, the National Disciplinary Chamber is dissolved by order made on the proposal of the Minister of Justice.
    "In the event of the dissolution of the National Disciplinary Chamber or in the event of the resignation of all its members, the National Council shall hold new elections of the Chamber without delay.
    "The terms of office of the members so elected end on the date on which the term of office of the members they replace would have ended.
    « VII. - A decree in the Council of State sets out the procedure for the election of the National Disciplinary Chamber, the duration of the term of office of its members and the rules of operation and procedure that it must respect. »
    III. - Chapter III of the same title II, section L. 4123-2 is replaced by the following provisions:
    "Art. L. 4123-2. - A conciliation commission composed of at least three of its members shall be established with each departmental council.
    "When a complaint is brought before the departmental council, its president acknowledges receipt to the author, informs the doctor, the dental surgeon or the midwife involved and summonses them within one month of the date of registration of the complaint for conciliation. In the event of a failure of the Board, the Board shall forward the complaint to the Trial Chamber with the counsel's reasoned opinion within three months of the date of the complaint's registration, including the complaint, if any.
    "When the dispute involves one of its members, the departmental council may ask another council to proceed with conciliation.
    "In the event of a lack of departmental council, the author of the complaint may ask the President of the National Council to refer the matter to the competent Trial Chamber. The President of the National Council shall forward the complaint within one month. »
    IV. - Chapter IV of the same title is amended as follows:
    1° The last paragraph of section L. 4124-3 is replaced by the following paragraph:
    "The decision ordering the investigation indicates the facts on which it is to be brought and designates the member of the disciplinary court responsible for investigating the case. »
    2° In the seventh paragraph of Article L. 4124-6, after the words: "Departmental Council" are added the words: "Regional Council or Interregional Council and National Council".
    3° Section L. 4124-7 is replaced by the following provisions:
    "Art. L. 4124-7. - I. - The first instance disciplinary board shall consist of incumbent assessors and an equal number of substitutes of French nationality, elected under the same conditions.
    “II. - The first instance disciplinary board is presided over by a member in office or honorary of the body of the boards of the administrative tribunals and the administrative appeal courts designated by the Vice-President of the Council of State, on the proposal of the President of the Administrative Court or the Administrative Court of Appeal. One or more alternates are designated under the same conditions.
    "III. - No member of the first instance disciplinary board may sit when he has been aware of the facts of the case due to the exercise of other ordinal functions.
    "When the disciplinary board of first instance has been seized by the Minister of Health, by the Director of the regional hospitalization agency or by the representative of the State in the department or region, the representatives of the State referred to in articles L. 4132-9, L. 4142-5 and L. 4152-8 do not sit in this proceeding.
    "IV. - The decisions of the first instance disciplinary chamber are made in collegial training. They may be made in restricted training given the subject matter of referral or litigation or the nature of the issues to be examined or tried. They must be motivated.
    "V. - In the event of a lasting interruption of its operation or serious difficulties making it impossible under normal conditions, the first instance disciplinary chamber may be dissolved by order made on the proposal of the Minister of Justice.
    "In the event of the dissolution of a disciplinary chamber of first instance or in the event of the resignation of all its members, the regional or interregional council and, failing that, the national council of order, organizes new elections of the chamber without delay.
    "The terms of office of the members so elected end on the date on which the term of office of the members they replace would have ended.
    "Up to the installation of the new chamber, the President of the National Disciplinary Chamber, if seized in accordance with section L. 4124-1, shall forward the proceedings to another disciplinary chamber of first instance.
    "VI. - A decree in the Council of State sets out the procedure for the election of the disciplinary chamber of first instance and the rules of operation and procedure that it must respect. »
    4° In the first sentence of the first paragraph of Article L. 4124-8, the words: "first instance that pronounced the sanction" are replaced by the words: "who ruled on the case at first instance".
    5° The last paragraph of Article L. 4124-9 is deleted.
    6° The last paragraph of Article L. 4124-10 is deleted.
    7° Section L. 4124-11 is replaced by the following provisions:
    "Art. L. 4124-11. - I. - The regional or interregional council, under the control of the national council, shall, at the regional level, fulfil the mission defined in Article L. 4121-2. In particular, it performs the functions of representation of the profession in the region or in the interregion as well as that of coordination of departmental councils.
    "He examines or deliberates on projects, proposals or requests for advice that are submitted to him by, inter alia, regional or interregional health authorities.
    "In the regions or interregions, he shall exercise the powers referred to in Article L. 4112-4.
    "It may decide on the temporary suspension of the right to exercise in the event of a professional infirmity or a pathological condition that makes the exercise of his profession dangerous. In this case, counsel may meet in restricted training.
    "The deliberations of the regional or interregional council are not public.
    “II. - The decisions of the regional or interregional boards concerning the registration and temporary suspension of the right to exercise in the event of infirmity or condition that renders the exercise of the profession hazardous may be subject to a hierarchical appeal to the national council. The National Council may delegate its powers to training courses on its behalf.
    "III. - In the regions made up of a single department, the function of representation of the profession is performed by the departmental council.
    "IV. - The regional or interregional council is composed of incumbent members and an equal number of alternate members elected by the departmental councils of the region or interregion among physicians, dental surgeons or midwives listed in their table and who meet the conditions set out in Article L. 4123-5.
    "V. - When, by their fact, members of a regional or interregional council put it in the impossibility of functioning, the representative of the State in the region, on the proposal of the national council of order, may, by order, pronounce the dissolution of the regional or interregional council. In this case, he appoints a delegation of three to five members following the digital importance of the dissolved council. Until the election of a new council held without delay, this delegation ensures the management of current affairs and the functions assigned to Council by the second paragraph of this section.
    "In the event of the resignation of all members of the Council, a delegation performing the above functions is appointed under the same conditions.
    "In the event of the resignation of the majority of the members of the delegation, the delegation is dissolved in full right and, until the new council comes into office, its functions are vested in the National Council.
    "VI. - A decree in the Council of State sets out the composition of the council, the procedure for the election of its members, the duration of their term of office and the rules of operation and procedure that it must respect. »
    8° The last paragraph of Article L. 4124-12 is deleted.
    9° The last paragraph of Article L. 4124-13 is deleted.
    V. - Chapter V of the same title is amended as follows:
    1° In article L. 4125-2, it is added a second paragraph as follows:
    "The functions of chair of the departmental council, president of the regional or interregional council and secretary general of one of these councils, when the latter function exists, are not compatible with each other. »
    2° In article L. 4125-3, it is added a second paragraph as follows:
    "Employers or, for public officials, the hierarchical authority are required to leave to their employees or agents, members of a board of order, the time necessary to visit and participate in the sessions of these councils, commissions or disciplinary chambers. The employee must inform, as the case may be, the employer or the hierarchical authority of the session as soon as he or she is aware of it. The time spent outside the work environment during working hours in the exercise of ordinal functions is equivalent to an effective working period for the determination of the duration of paid leave, the right to social insurance benefits and family benefits, as well as in respect of all the rights that the employee or public agent holds as a result of his or her seniority in the business. These absences, justified by the performance of their duties, do not result in any decrease in their remuneration and benefits. »
    VI. - Chapter VI of the same title is amended as follows:
    1° Section L. 4126-1 is replaced by the following provisions:
    "Art. L. 4126-1. - No disciplinary penalty may be imposed without the physician, dental surgeon or midwife being heard or called to appear. »
    2° Section L. 4126-3 is replaced by the following provisions:
    "Art. L. 4126-3. - The costs are borne by any losing party unless the circumstances of the case warrant that they be shared between the parties. »
    3° Section L. 4126-4 is replaced by the following provisions:
    "Art. L. 4126-4. - The doctor, the dentist or the midwife who, in question before the National Disciplinary Board, has not produced a written defence in the regular form, is admitted to being in opposition to the default decision.
    "The opposition has a suspensive effect except when the board is seized with an appeal of a decision under section L. 4113-14. »
    4° In the second paragraph of Article L. 4126-6, the words "the national disciplinary chamber" are replaced by the words "the national council".
    5° Section L. 4126-7 is repealed.
    VII. - Chapter II of title III is amended as follows:
    1° Section L. 4132-4 is repealed.
    2° Section L. 4132-5 is replaced by the following provisions:
    "Art. L. 4132-5. - The National Disciplinary Chamber consists of twelve incumbent members and twelve alternate members elected, in equal number, by the National Council, among, on the one hand, the members of that Council, and on the other, the members and former members of the Councils of Order.
    "The room sits in training of at least five members. »
    3° Section L. 4132-7 is replaced by the following provisions:
    "Art. L. 4132-7. - Subject to the provisions of articles L. 4132-8 and L. 4132-8-1, the first instance disciplinary chamber of the order of doctors shall consist of eight incumbent members and eight alternate members elected, in equal number, by the regional council to which the chamber shall sit, among, on the one hand, the members of the regional council of which it depends and, on the other, the members and former members of the councils of the order.
    "The room sits in training of at least five members. »
    4° Section L. 4132-8 is replaced by the following provisions:
    "Art. L. 4132-8. - The Disciplinary Chamber of the First Instance of the Order of Physicians of the Ile-de-France region has three sections of eight members each.
    "The doctors in the Provence-Alpes-Côte d'Azur region and the doctors in the Corsica region are subject to the competence of the first instance interregional disciplinary chamber in Provence-Alpes-Côte d'Azur - Corsica.
    "This room sits with the regional council of Provence-Alpes-Côte d'Azur.
    "The members of this formation are elected under the conditions of Article L. 4132-7 by the assembly of the regional councils of Provence-Alpes-Côte d'Azur and Corsica. »
    5° Section L. 4132-10 is repealed.
    VIII. - Chapter II of title IV is amended as follows:
    1° Section L. 4142-2 is repealed.
    2° Section L. 4142-3 is replaced by the following provisions:
    "Art. L. 4142-3. - The National Disciplinary Board consists of six incumbent members and six alternate members elected, in equal numbers, by the National Council, on the one hand, among the members of the National Council, and on the other, among the members and former members of the Councils of Order.
    "The room sits in training of at least five members. »
    3° Section L. 4142-4 is replaced by the following provisions:
    "Art. L. 4142-4. - The First Instance Disciplinary Chamber of Surgeons-dentists is composed of eight incumbent members and eight alternate members elected, in equal number, by the Regional Council to which the Chamber sits, on the one hand, among the members of the Regional Council, and on the other hand, among the members and former members of the Councils of Order.
    "The room sits in training of at least five members.
    "The First Instance Disciplinary Chamber of the Order of Surgeons-dentists of the Meeting-Mayotte includes, in addition to its President, two incumbent members and two alternate members. »
    4° It is inserted after L. 4142-4 an article L. 4142-4-1 as follows:
    "Art. L. 4142-4-1. - Surgeons-dentists practising in the Provence-Alpes-Côte d'Azur region and surgeons-dentists practising in the Corsica region are subject to the competence of the first instance interregional disciplinary division of Provence-Alpes-Côte d'Azur-Corse.
    "This room sits with the regional council of Provence-Alpes-Côte d'Azur.
    "The members of this formation are elected under the conditions set out in article L. 4142-4 by the assembly of the regional councils of Provence-Alpes-Côte d'Azur and Corsica. »
    IX. - Chapter II of title V is amended as follows:
    1° Section L. 4152-5 is repealed.
    2° Section L. 4152-6 is replaced by the following provisions:
    "Art. L. 4152-6. - The National Disciplinary Chamber consists of four incumbent members and four alternate members elected, in equal number, by the National Council among, on the one hand, members of the National Council, and, on the other, members and former members of the Order Council.
    "The room sits in training of at least three members. »
    3° Section L. 4152-7 is replaced by the following provisions:
    "Art. L. 4152-7. - The territorial jurisdiction of the first instance disciplinary chambers is identical to that of the sectors referred to in Article L. 4152-1.
    "The first instance disciplinary chamber is composed of a number of midwives set by regulation based on the number of midwives in the last tables published in the interregion.
    "The board includes elected members, in equal numbers, among the members of the interregional council of which it depends, and members and former members of the councils of the order.
    "The room sits in training of at least three members. »
    4° It is added after article L. 4152-8 an article L. 4152-9 as follows:
    "Art. L. 4152-9. - In each department there is a departmental council composed of a number of members set by regulation, taking into account the number of midwives listed in the last published table. »

    Article 2


    Book II of Part IV of the Public Health Code (Legislative Party) is amended as follows:
    I. - In chapter I of title II, after article L. 4221-18, an article L. 4221-19 was added as follows:
    "Art. L. 4221-19. - Pharmacists in society must communicate to the board of the order of which they fall under, in addition to the statutes of the corporation and their adversaries, the conventions and amendments relating to its operation, or the relationship between partners.
    "These documents must be communicated within the month following the conclusion of the agreement or the actor. »
    II. - Chapter II of Title III, the last paragraph of Article L. 4232-5 is replaced by the following:
    "The regional council or its president may ask the regional public health inspector to conduct investigations. The Regional Council has before it the outcome of these investigations. »
    III. - Chapter III of title III is amended as follows:
    1° Section L. 4233-3 is amended as follows:
    (a) The first and second paragraphs are replaced by the following:
    "The principles organizing the elections of the various councils of the order of pharmacists are fixed by decree. An electoral regulation established by the National Council of Order sets out the terms and conditions.
    "After each election, the minutes of the election shall be notified promptly to the relevant central council, the national council, the representative of the state in the region and the minister responsible for health. » ;
    (b) In the third paragraph, the words ", except for the provisions specific to the representation of pharmacists in section E," are deleted.
    2° Section L. 4233-4 is amended as follows:
    (a) In the first paragraph, the words: "between all pharmacists in the tables" are replaced by the words: "between all natural or legal persons listed in the tables".
    (b) It is added a last paragraph as follows:
    "Employers or, for public officials, the hierarchical authority are required to leave to their employees or agents, members of a board of order, the time necessary to visit and participate in the meetings of this council, its commissions or its disciplinary chambers. The employee must inform, as the case may be, the employer or the hierarchical authority of the session as soon as he or she is aware of it. The time spent outside the work environment during working hours for the exercise of ordinal functions is equivalent to an effective working period for the determination of the duration of paid leave, the right to social insurance benefits and family benefits, as well as in respect of all the rights that the employee or public agent holds due to his or her seniority in the business. These absences do not result in any decrease in their remuneration and benefits. »
    IV. - Chapter IV of the same title is amended as follows:
    1° The first paragraph of Article L. 4234-3 is replaced by the following provisions:
    "Constituted in the Disciplinary Chamber, the Regional Council shall be chaired by a member in office or honorary of the body of the advisers of the administrative tribunals and the administrative appeal courts designated by the Vice-President of the Council of State on the proposal of the President of the Administrative Court or the Administrative Court of Appeal. One or more alternates are appointed under the same conditions. »
    2° The first paragraph of Article L. 4234-4 is replaced by the following provisions:
    "The Disciplinary Chamber of the Central Council of each section B, C, D, E, G and H shall be presided by a member in office or honorary of the body of the advisers of the administrative tribunals and the administrative appeal courts designated by the Vice-President of the Council of State on the proposal of the President of the Administrative Court or the Administrative Court of Appeal. One or more alternates are appointed under the same conditions. »
    3° In article L. 4234-8, it is added a paragraph to read as follows:
    "The National Disciplinary Chamber shall be presided over by a member of the Council of State, active or honorary, having at least the rank of State Counsel, appointed by the Vice-President of the Council of State, in accordance with Article L. 4231-6; one or more alternates are designated under the same conditions. »
    4° In section L. 4234-9, after the words: "to be noted" are inserted the words: "by him" and the words: "The National Council shall initiate the case, which is the subject of a proposal to the Minister for Health" are deleted.

    Article 3


    Book III of Part IV of the Public Health Code (Legislative Part) is amended as follows:
    I. Chapter I of title II is amended as follows:
    1° In article L. 4321-10, after the first paragraph, a paragraph is inserted as follows:
    "It is established, for each department, by the competent state service or the designated body for that purpose, a list of the members of this profession, to the public. »
    2° In the first paragraph of Article L. 4321-14, the words "and probity" are replaced by the words ", probity and competence".
    3° Section L. 4321-15 is amended as follows:
    (a) In the second paragraph, the words: "and composed of members elected from the masseurs-kinési therapists exercising in a liberal capacity and the masseurs-kinési therapists exercising in an employee capacity" are deleted.
    (b) After the second paragraph is inserted the following paragraph:
    "The National Disciplinary Chamber includes members elected by the National Council for half a member of the National Council, and for half a member of the Kanesi therapists in the table. »
    4° Section L. 4321-17 is amended as follows:
    (a) In the second paragraph, the words "National Health Accreditation and Assessment Agency" are replaced by the words "High Health Authority".
    (b) After the third paragraph, the following subparagraphs shall be inserted:
    "The first-instance disciplinary board is composed of a number of kinesitherapists fixed by regulation, depending on the number of kinesitherapists in the last tables published in the region.
    "It includes members elected by the regional council to which the chamber sits, equal among the members of the regional council of which it depends, and members and former members of the councils of the order. »
    5° The penultimate paragraph of Article L. 4321-18 is supplemented by a sentence to read as follows: "The number of members of the departmental council is set by regulation in the light of the number of kinetherapists registered in the last published table. »
    6° Section L. 4321-19 is replaced by the following provisions:
    "Art. L. 4321-19. - The provisions of articles L. 4112-3 to L. 4112-6, L. 4113-5, L. 4113-6, L. 4113-8 to L. 4113-14, L. 4122-1-1, L. 4122-1-2, L. 4122-3, L. 4123-2, L. 4123-15 to L. 4123-17, L. 4124-1 to L. 4124-8, L. 4124-9, first paragraph »
    II. - Chapter II of the same title is amended as follows:
    1° In the first paragraph of Article L. 4322-7, after the words: "morality" are added the words: ", probity and competence".
    2° After the second paragraph of Article L. 4322-8 is inserted the following paragraph:
    "The National Disciplinary Board includes members elected by the National Council, half among the members of the National Council, and half among the pedicures-podologists listed in the table. »
    3° Section L. 4322-10 is replaced by the following provisions:
    "Art. L. 4322-10. - In each region, a regional council for the order of pedicures-podologists performs the functions of representation of the profession in the region. The Regional Council shall, under the control of the National Council, exercise the general powers of the following order: it shall rule on the inscriptions in the table, it authorizes the President of the Order to stand in court, to accept all gifts and bequests to order, to transact or compromise, to consent to any alienations or mortgages and to contract all borrowings. In no case does he have to know any acts, attitudes, political or religious opinions of members of the order. It can create with other regional law and order councils under the control of the national council of coordinating bodies. He disseminates good practices among professionals.
    "The decisions of the Regional Council on applications for registration in the table may be appealed to the National Council, by the applicant pedicure-podologist, if it is a refusal to register, by the National Council if it is a registration decision.
    "The deadline for appeal to the National Council is 30 days.
    "The Regional Council organizes activities to evaluate professional practices in conjunction with the National Council of Order and the High Health Authority that develops or validates the methods and benchmarks for evaluation. For the exercise of this mission, the Regional Council uses professionals authorized to do so by the High Health Authority. Authorized professionals apply to individual or collective evaluations of practices.
    "The regional council is composed of members elected from the pedicures-podologists exercising in a liberal capacity and among pedicures-podologists exercising in an employee capacity.
    "The Regional Council includes a first-instance disciplinary board, presided over by a member of the administrative tribunals and appeal administrative courts designated by the Vice-President of the State Council. One or more alternates are designated under the same conditions.
    "This room has the powers of the first instance disciplinary chambers of the medical professions with regard to pedicures-podologists.
    "The first instance disciplinary chamber is composed of a number of pedicures-podologists set by regulation, depending on the number of pedicures-podologists in the last tables published in the region.
    "It includes members elected by the regional council to which the chamber sits, for half, among the members of the regional council of which it depends and, for half, among the members and former members of the councils of the order.
    "When disputes arise between professionals and users, the Disciplinary Board shall enclose two representatives of users appointed by the Minister for Health. »
    4° In article L. 4322-11, the word "section" is replaced by the word "room".
    5° Section L. 4322-12 is replaced by the following provisions:
    "Art. L. 4322-12. - The provisions of articles L. 4112-3 to L. 4112-6, L. 4113-5, L. 4113-6, L. 4113-8 to L. 4113-14, L. 4122-1-1, L. 4122-1-2, L. 4122-3, L. 4123-2, L. 4124-1 to L. 4124-8, L. 4124-9, second preambular paragraph L. 4124-10, second preambular paragraph L.
    "For pedicures-podologists, the provisions concerning the responsibilities of departmental councils are applicable to regional councils. »

    Article 4


    Chapter I of Book IV title I of Part IV of the Public Health Code (Legislative Part) is amended as follows:
    1° Section L. 4411-13 is replaced by the following provisions:
    "Art. L. 4411-13. - Mayotte's doctors and dental surgeons are subject to the competence of the first instance disciplinary chamber of the order of doctors and to the competence of the first instance disciplinary chamber of the order of the surgeon-dentists of the Meeting-Mayotte, whose election and operation procedures, powers and competences are identical to those of the disciplinary chambers of first instance of these two orders in metropolis, subject to decrees of adaptation
    "Mayotte's midwives are subject to the competence of the first-instance disciplinary board of the Ile-de-France region. »
    2° Section L. 4411-14 is replaced by the following provisions:
    "Art. L. 4411-14. - The doctors and dentistry of Mayotte are subject to the competence of the interregional council of the order of doctors and the interregional council of the order of the surgeon-dentists of the Meeting-Mayotte, whose election and operation procedures, the powers and competences are identical to those of the interregional councils of these two orders in metropolis, subject to adaptations determined by decree in the Council of State.
    "The midwives in Mayotte are subject to the competence of the interregional council on the order of midwives of which the midwives in the Ile-de-France region are responsible. »

    Article 5


    Section 44 of the above-mentioned Act of 4 March 2002 is amended to read:
    I. - In the first sentence of the first paragraph, the words: "of the whole" are deleted and after the words: "disciplinary chambers" are inserted the words: "in the conditions set out in the third paragraph".
    II. - Two paragraphs are added:
    "The proclamation of the results of elections to regional or interregional councils and disciplinary chambers is made by the National Council of Order.
    "The complainant becomes a party only in the applications filed after the establishment of the Trial Chambers. The complainant can appeal only in cases in which he was a party at first instance. The provisions of the last sentence of the second paragraph of Article L. 4112-4 of the Public Health Code and those of Article L. 4124-11 of the Code come into force following the proclamation of the results of the elections of the regional or interregional councils. »

    Article 6


    The Social Security Code is thus amended:
    1° In section L. 145-5-4 of this code, the words "L. 4191-1 of the Public Health Code" are replaced by the words "L. 4391-1 of the Public Health Code".
    2° In article L. 145-6 of the same code, the words "two alternate presidents" are replaced by the words "several alternate presidents".

  • TITRE II: SIMPLIFICATION OF PROCEDURES OF APPLICABLE ENREGISTING TO PSYCHOLOGUES AND SOCIAL SERVICE ASSISTANTS Article 7


    1° The second, third, fourth and fifth paragraphs of section 44 of the above-mentioned Act of 25 July 1985 are replaced by the following provisions:
    "People who are authorized to use the psychologist's title are required to register without charge, with the competent State or the designated body for that purpose, their diploma referred to in the previous paragraph or the authorization referred to in II. In the event of a change of professional status, they inform this service or agency.
    "It is established, for each department, by the competent state service or the designated body for that purpose, a list of this profession, which is made known to the public.
    "The terms and conditions for the application of the provisions of the second and third paragraphs of this Article shall be determined by decree. »
    2° Section L. 411-2 of the Social Action and Family Code is replaced by the following provisions:
    "Art. L. 411-2. - Social service assistants are required to register without charge their diploma or certificate of capacity to practise with the competent State or the designated body for that purpose. In the event of a change of professional status, they inform this service or agency.
    "It is established, for each department, by the service of the competent State or the designated body for that purpose, a list of this profession, which is made known to the public.
    "The terms and conditions of application of this article shall be determined by decree. »

  • PART III: SIMPLIFICATION OF PROCEDURES FOR THE REPLACEMENT OF HEALTH PROFESSIONALS Article 8


    1° Section L. 4131-2 of the Public Health Code is replaced by the following:
    "Art. L. 4131-2. - Medical, French or national students of a Member State of the European Community or a party to the European Economic Area Agreement, and enrolled in the third cycle of medical studies in France may be allowed to practise medicine either as a substitute for a doctor or as a deputy of a doctor in the event of an exceptional influx of population, observed by a decree of the representative of the State in the department.
    "The authorizations mentioned in the previous paragraph are issued for a limited period by the departmental council of the order of the doctors who inform the services of the State.
    "When the needs of public health so require, the Minister for Health may, by order made, except in the case of extreme emergency, after advice from the interested boards, authorize for a specified period the representatives of the State in the department to authorize, for a limited period, the exercise of medicine by students who have validated the second cycle of medical studies.
    "A decree, taken after the advice of the National Council for the Order of Physicians, sets the conditions for the application of the first and second paragraphs of this article, including the level of study required according to the qualification of the substitute practitioner, the maximum duration of the authorizations and the conditions of their extension. »
    2° The second and third paragraphs of Article L. 4141-4 of the same code are replaced by the following:
    "These authorizations are issued for a limited period by the departmental council of the order of the surgeon-dentists who informs the services of the State.
    "A decree, taken after notice by the National Council for the Order of Surgeons-dentists, sets out the conditions for the application of this section, including the level of study required under the qualification of the substitute practitioner, the maximum duration of the authorizations and the conditions for their extension. »
    3° Section L. 4151-6 of the same code is replaced by the following provisions:
    "Art. L. 4151-6. - French midwives students or nationals of a Member State of the European Community or a party to the agreement on the European Economic Area conducting their training in France may be allowed to practise the profession of midwife as a substitute.
    "These authorizations are issued for a limited period by the departmental council of the order of midwives who informs the state services.
    "A decree, taken after the advice of the National Council for the Order of Midwives, sets out the conditions for the application of this article, including the required level of study, the maximum duration of the authorizations and the conditions for their extension. »

  • PART IV: SIMPLIFICATION OF THE LIST DIFFUSION RULES OF HEALTH PROFESSIONALS Article 9


    1° The second paragraph of section L. 4112-1 of the Public Health Code is replaced by the following:
    "This painting is transmitted to the state services and brought to the public, under conditions set by decree. »
    2° In the last paragraph of Article L. 4112-3 of the same Code, the words: "to the representative of the State in the department, to the prosecutor of the Republic and" are deleted.
    3° In the second paragraph of Article L. 4112-4 of the same Code, the words: "to the representative of the State in the department, to the prosecutor of the Republic and" are deleted.
    4° The second sentence of Article L. 4222-1 of the same code is replaced by the following sentence:
    "This painting is transmitted to the state services and brought to the public, under conditions set by decree. »
    5° The last sentence of Article L. 4232-11 of the same code is replaced by the following sentence:
    "Each of these tables is transmitted to the state services of each department or community and brought to the public, in conditions set by decree. »

  • PART V: SIMPLIFICATION OF PROCEDURES RELATING TO PREPARATION AND EXPLEMENTATION OF PHARMACIES Article 10


    1° Section L. 5125-16 of the Public Health Code is replaced by the following:
    "Art. L. 5125-16. - Any pharmacist or company proposing to exploit an informal must make a statement to the competent pharmacist board.
    "In the event of cessation of exploitation, transfer or reunification of an offence, or of any change affecting the property of the offence, the pharmacist or the company shall inform the board of the relevant order.
    "The competent council of the pharmacists' order transmits information about the beginnings, changes and cessations of exploitation of the informals to the state services.
    "The terms and conditions of application of this article shall be determined by decree. »
    2° The 5th of Article L. 5424-1 of the same code is deleted.

  • PART VI: USURPATION OF ILLEGAL HEALTH PROFESSIONS Article 11


    I. - Book I of the first part of the Public Health Code is amended as follows:
    1° Section L. 1133-8 is replaced by the following provisions:
    "Art. L. 1133-8. - The illegal exercise of the profession of genetic advisor is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of this activity despite a judicial decision of a final or temporary prohibition is punishable by the same penalties. »
    2° Article L. 1133-9 is amended as follows:
    “(a) In the first paragraph, the words: "the offences provided for in Article L. 1133-8" are replaced by the words: "the offence provided for in Article L. 1133-8";
    “(b) The last paragraph is supplemented by the following sentence: "The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed. »
    3° Section L. 1133-10 is replaced by the following provisions:
    "Art. L. 1133-10. - The rightless use of the quality of medical genetic advisor or of a diploma, certificate or other legal title required for the exercise of this profession is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    4° Section L. 1133-11 is repealed.
    II. - Book I of Part IV of the Public Health Code is amended as follows:
    1° Section L. 4161-5 is replaced by the following provisions:
    "Art. L. 4161-5. - The illegal exercise of the profession of doctor, surgeon-dentist or midwife is punishable by two years imprisonment and 30,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties. »
    2° Section L. 4161-6 is replaced by the following provisions:
    "Art. L. 4161-6. - Legal persons may be declared criminally liable under the conditions laid down in section 121-2 of the Criminal Code of the offence under section L. 4161-5.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    3° Section L. 4162-1 is replaced by the following provisions:
    "Art. L. 4162-1. - The rightless use of the quality of a doctor, surgeon-dentist or midwife or of a degree, certificate or other legal title required for the exercise of these professions is punishable as the offence of title usurpation provided for in section 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are subject to the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code.
    "Non-compliance with the provisions of Article L. 4111-5 is considered to be a usurpation of the title of a doctor, a dental surgeon or a midwife. »
    4° Section L. 4162-2 is repealed.
    III. - Book II of Part IV of the Public Health Code is amended as follows:
    1° Section L. 4223-1 is replaced by the following provisions:
    "Art. L. 4223-1. - The illegal practice of the pharmacist profession is to be carried out without the requirements of this book. This illegal exercise is punishable by two years imprisonment and 30,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years to practise one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions provided for in section 131-27 of the Criminal Code;
    "(d) Final closure or for a period of not more than five years of the establishment in which the offence was committed.
    "The exercise of this activity despite a judicial decision of a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    2° Section L. 4223-2 is replaced by the following provisions:
    "Art. L. 4223-2. - The rightless use of pharmacist's quality or of a degree, certificate or other legal title required for the exercise of this profession is punishable as the offence of title usurpation provided for in article 433-17 of the Criminal Code.
    "People are also incurring the final closure supplemental penalty or for a period of five years not more than the establishment in which the offence was committed.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code.
    "Non-compliance with the provisions of Article L. 4221-14 is considered to be a usurpation of the pharmacist's title. »
    3° Section L. 4223-3 is replaced by the following provisions:
    "Art. L. 4223-3. - When the judicial authority has been seized of a prosecution by application of articles L. 4223-1 or L. 4223-2, the representative of the State in the department may issue the provisional closure of the institution. »
    4° The third paragraph of Article L. 5424-19 is deleted.
    5° Section L. 4243-1 is replaced by the following provisions:
    "Art. L. 4243-1. - The illegal exercise of the pharmacy repair profession is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of this activity despite a judicial decision of a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    6° Article L. 4243-2 becomes Article L. 4243-3 and is amended to read: "The penalties provided for in Article L. 4243-1" are replaced by the words: "one year's imprisonment and 15,000 euros in fine."
    7° Article L. 4243-2 is reinstated as follows:
    "Art. L. 4243-2. - The use without law of the quality of preparator in pharmacy or of a diploma, certificate or other legal title required for the exercise of this profession is punishable as the offence of title usurpation provided for in section 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    IV. - Book III of Part IV of the Public Health Code is amended as follows:
    1° Section L. 4314-4 is replaced by the following provisions:
    "Art. L. 4314-4. - The illegal exercise of the profession of nurse or nurse is punishable by two years imprisonment and 30,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of this activity despite a judicial decision of a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    2° Section L. 4314-5 is replaced by the following provisions:
    "Art. L. 4314-5. - The rightless use of the quality of a nurse or of a diploma, certificate or other legal title required for the exercise of that profession is punishable as the offence of title usurpation provided for in section 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    3° Section L. 4314-7 is repealed.
    4° Section L. 4323-4 is replaced by the following provisions:
    "Art. L. 4323-4. - The illegal exercise of the profession of masseur-kinesitherapist is punishable by two years imprisonment and 30,000 euros fine. The illegal exercise of the profession of pedicure-podologist is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    5° Section L. 4323-5 is replaced by the following provisions:
    "Art. L. 4323-5. - The rightless use of the quality of masseur-kinesitherapist, medical gymnast, masseur, or pedicure-podologist or of a degree, certificate or other legal title required for the exercise of these professions is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    6° Section L. 4323-7 is repealed.
    7° Section L. 4334-1 is replaced by the following provisions:
    "Art. L. 4334-1. - The illegal exercise of the profession of occupational therapist or the profession of psychomotrician is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    8° Section L. 4334-2 is replaced by the following provisions:
    "Art. L. 4334-2. - The rightless use of the quality of occupational therapist or psychomotor or of a diploma, certificate or other legal title required for the exercise of these professions is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    9° Section L. 4344-4 is replaced by the following provisions:
    "Art. L. 4344-4. - The illegal exercise of the profession of orthophonist or orthoptist is punishable by one year in prison and 15,000 euros in fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    10° Section L. 4344-5 is replaced by the following provisions:
    "Art. L. 4344-5. - The rightless use of the quality of orthophonist or orthoptist or of a degree, certificate or other legal title required for the exercise of these professions is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    11° Section L. 4353-1 is replaced by the following provisions:
    "Art. L. 4353-1. - The illegal exercise of the medical electroradiology manipulator profession is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years of practice of one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions set out in section 131-27 of the Criminal Code.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    12° Section L. 4353-2 is replaced by the following provisions:
    "Art. L. 4353-2. - The rightless use of the quality of medical electroradiology manipulator or of a degree, certificate or other legal title required for the exercise of this profession is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    13° Section L. 4363-2 is replaced by the following provisions:
    "Art. L. 4363-2. - The illegal exercise of the profession of audioprothesist, optician-mooner, prothesist or ororthesist for the apparatus of persons with disabilities is punishable by one year imprisonment and 15,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years to practise one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions provided for in section 131-27 of the Criminal Code;
    "(d) Final closure or for a period of not more than five years of the establishment in which the offence was committed.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    14° Section L. 4363-3 is replaced by the following provisions:
    "Art. L. 4363-3. - The rightless use of the quality of audioprothesist, optician-mooner, prothesist or ororthesist or of a degree, certificate or other legal title required for the exercise of these professions is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    15° Section L. 4363-5 is repealed.
    16° Section L. 4363-6 is repealed.
    17° The second paragraph of section L. 4364-1 is repealed.
    18° Section L. 4372-1 is replaced by the following provisions:
    "Art. L. 4372-1. - The rightless use of the quality of a dietitian or of a diploma, certificate or other legal title required for the exercise of this profession is punishable as the offence of title usurpation provided for in Article 433-17 of the Criminal Code.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »
    V. - Book II of Part VI of the Public Health Code is amended as follows:
    1° Section L. 6222-1 is replaced by the following provisions:
    "Art. L. 6222-1. - The illegal exercise of the functions of Director or Assistant Director of Medical Biology Laboratory Analysis is punishable by two years imprisonment and 30,000 euros fine.
    “The following additional penalties are also imposed by natural persons:
    “(a) The display or dissemination of the pronounced decision, under the conditions provided for in Article 131-35 of the Criminal Code;
    “(b) Forfeiture of the thing that served or was intended to commit the offence or of the thing that is the offence, in accordance with section 131-21 of the Criminal Code;
    "(c) The final prohibition or for a period of not more than five years to practise one or more professions governed by this Code or any other professional or social activity in the course of which the offence was committed, in accordance with the terms and conditions provided for in section 131-27 of the Criminal Code;
    "(d) Final closure or for a period of not more than five years of the establishment in which the offence was committed.
    "The exercise of one of these activities despite a judicial decision on a final or temporary prohibition is punishable by the same penalties.
    "The legal persons may be declared criminally liable under the conditions provided for in section 121-2 of the Criminal Code of the offence under this section.
    "The penalties incurred by legal persons are:
    “(a) The fine, in accordance with the terms provided for in Article 131-38 of the Criminal Code;
    “(b) The additional penalties referred to in 2° to 9° of Article 131-39 of the Penal Code, under the conditions provided for in Articles 131-46 to 131-48 of this Code. The prohibition referred to in 2° of section 131-39 of the Criminal Code concerns one or more professions governed by this Code or any other professional or social activity in the course of the exercise of which the offence was committed. »
    2° Section L. 6222-2 is replaced by the following provisions:
    "Art. L. 6222-2. - The use without law of the quality of director or assistant director of laboratory analysis of medical biology or of a degree, certificate or other legal title required for the performance of the corresponding functions is punishable as the offence of title usurpation provided for in section 433-17 of the Criminal Code.
    "People are also incurring the final closure supplemental penalty or for a period of five years not more than the establishment in which the offence was committed.
    "The legal persons may be criminally responsible for this offence under the conditions provided for in article 121-2 of the Criminal Code. They are liable for the penalties for the offence of title usurpation in articles 433-17 and 433-25 of the same code. »

  • PART VII: PROVISIONS FOR MAYOTTE AND WALLIS AND FUTUNA ILES Article 12


    I. - The provisions of sections 3 to 10, 11 and 14 of this order are applicable to Mayotte.
    II. - In section L. 4411-1 of the Public Health Code, the reference: "L. 4411-2" is replaced by the reference: "L. 4411-1-1".
    III. - It is inserted after article L. 4411-1-1 of the same code, two articles L. 4411-1-2 and L. 4411-1-3 as follows:
    "Art. L. 4411-1-2. - 1° For the application in Mayotte of the first paragraph of Article L. 4131-2, the words: "the representative of the State in the department and the third paragraph of the same article the words: "the representatives of the State in the department are replaced by the words: "the representative of the State in Mayotte;
    « 2° For the application in Mayotte of the second paragraph of Article L. 4131-2, the words: "Departmental advice of the order of doctors are replaced by the words: "Council of the order of Mayotte;
    « 3° For the application in Mayotte of the second paragraph of Article L. 4141-4, the words: "Departmental Council for the Order of Surgeons-dentists are replaced by the words: "representative of the State and the words: "State services are replaced by the words: "the direction of health and social affairs of the community;
    « 4° For the application in Mayotte of the second paragraph of Article L. 4151-6, the words: "the departmental council of the order of midwives shall be replaced by the words: "the delegation provided for in Article L. 4411-12.
    "Art. L. 4411-1-3. - For the application in Mayotte of Article L. 4112-1, the first and second paragraphs are as follows:
    "The doctors who practise in Mayotte are listed on a table prepared and maintained by the Mayotte Order Council. This table is transmitted to the State services and brought to the public, under conditions set by decree.
    "In accordance with the provisions of Article L. 4411-12, dental surgeons and midwives in Mayotte are registered on a table prepared and maintained by the State representative in Mayotte. This table is transmitted to the Health and Social Affairs Directorate of the community and made available to the public under conditions set by decree. »
    IV. - The last sentence of article L. 4412-6 of the same code is replaced by the following sentence:
    "Each of these tables is transmitted to the State services and brought to the public, in conditions set by decree. »
    V. - In article L. 5511-1 of the same code, the reference: "L. 5125-15" is replaced by the reference: "L. 5125-16".
    VI. - Article L. 5511-2 of the same code is supplemented by the following paragraphs:
    "For its application in Mayotte, Article L. 5125-16 is amended as follows:
    « 1° In the first paragraph, the words: "of the competent council of the order of pharmacists are replaced by the words: "of the local delegation of the central council of section E;
    « 2° In the second paragraph, the words: "the competent council shall be replaced by the words: "the local delegation of the central council of section E;
    « 3° In the third paragraph, the words "competent advice of pharmacists are replaced by the words "Central Consulting of Section E."
    VII. - 1° The provisions of the second paragraph of Article L. 4234-8 of the same Code apply to Mayotte.
    2° Section L. 4412-8 of the same code is repealed.

    Article 13


    I. - The provisions of Articles 3 to 9 and 14 of this Order apply to the Wallis and Futuna Islands.
    II. - In section L. 4421-1 of the Public Health Code, the reference: "L. 4421-2" is replaced by the reference: "L. 4421-1-1".
    III. - It is inserted after the article L. 4421-1-2 of the same code, an article L. 4421-1-3 is inserted as follows:
    "Art. L. 4421-1-3. - 1° For the application in Wallis and Futuna of the first paragraph of Article L. 4131-2, the words: "of the representative of the State in the department are replaced by the words: "of the superior administrator representing the State to the Wallis and Futuna Islands;
    « 2° For the application in Wallis and Futuna of the second paragraph of Article L. 4131-2, the words: "the departmental council of the order of doctors are replaced by the words: "the superior administrator representing the state to the Wallis and Futuna Islands and the words: "the services of the State are replaced by the words: "the health agency;
    « 3° For the application in Wallis and Futuna of the third paragraph of Article L. 4131-2, the words: "after the advice of the interested order are replaced by the words: "after having sought his opinion and the words: "the representatives of the State in the department are replaced by the words: "the superior administrator representing the State to the Wallis and Futuna Islands;
    « 4° For the application in Wallis and Futuna of the second paragraph of Article L. 4141-4, the words: "the departmental council of the order of the surgeon-dentists are replaced by the words: "the superior administrator representing the state to the Wallis and Futuna islands and the words: "the services of the State are replaced by the words: "the health agency;
    « 5° For the application in Wallis and Futuna of the second paragraph of Article L. 4151-6, the words: "the departmental council of the order of midwives are replaced by the words: "the superior administrator representing the state to the Wallis and Futuna islands and the words: "the services of the state are replaced by the words: "the health agency;
    « 6° For the application in Wallis and Futuna of the first paragraph of Article L. 4112-1, the words: "the departmental council of the order of which they are responsible are replaced by the words: "the superior administrator representing the State to the Wallis and Futuna Islands, and for the application of the second paragraph of the same article, the words: "at the state services are replaced by the words: "at the health agency. »
    IV. - The last sentence of the fourth paragraph of Article L. 4422-10 of the same code is replaced by the following sentence:
    "This table is transmitted to the superior administration of the territory and brought to the public, under conditions fixed by decree. »
    V. - In article L. 5521-2 of the same code, after the reference: "L. 5125-8" is inserted the reference: "L. 5125-16".
    VI. - Article L. 5521-3 of the same code is supplemented by the following paragraphs:
    "For its application to Wallis and Futuna, the article L. 5125-16 is amended as follows:
    « 1° In the first paragraph, the words "of the competent pharmacist board are replaced by the words "of the local delegate of the central council of section E;
    « 2° In the second paragraph, the words: "the competent council shall be replaced by the words: "the local delegate of the central council of section E;
    « 3° In the third paragraph, the words "competent advice of pharmacists are replaced by the words "Central Consulting of Section E."
    VII. - 1° The provisions of the second paragraph of Article L. 4234-8 of the same Code apply to Wallis and Futuna.
    2° Articles L. 4422-12 and L. 4422-13 of the same code are repealed.

    Article 14


    The provisions of sections 1st, 3 and 4 of this Order come into force under the same conditions as those provided for in sections 44 and 62-XVI of the Act of 4 March 2002 referred to above, as amended by this Order.
    The provisions of section 2 of this order come into force on the first day of the seventh month following its publication.

    Article 15


    The Prime Minister, the Minister of Justice, the Minister of Health and Solidarity and the Minister of Overseas are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris on 26 August 2005.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

Minister of Health and Solidarity,

Xavier Bertrand

The Seal Guard, Minister of Justice,

Pascal Clément

The overseas minister,

François Baroin


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