Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Chapter II of Book III title I of Part IV of the Public Health Code reads as follows:
“Chapter II
“Organization of the profession
and professional rules
“Section 1
“National Order of Nurses
"Art. L. 4312-1. - It is established a national order of nurses obligatoryly grouping all nurses authorized to practise their profession in France, except those governed by the general status of the military.
"The National Order of Nurses ensures that the principles of ethics, morality, probity and competence are maintained that are essential to the exercise of the nursing profession and to the observance by all its members of professional duties as well as rules enacted by the Code of Ethics of the nursing profession.
"A code of ethics, prepared by the National Council for the Order of Nurses, is enacted as a decree in the Council of State. The provisions of this Code relate to the ethical and ethical rights and duties of nurses in their relations with members of the profession, patients and members of other health professions.
"Art. L. 4312-2. - The national order of the nurses defends the honour and independence of the nursing profession. He promotes it.
"It can organize all works of mutual assistance and retirement for the benefit of its members and their beneficiaries.
"He examines questions or projects submitted to him by the Minister for Health, concerning the exercise of the profession. To do so, it can consult with professional associations, unions, nursing student associations and any registered association of users of the health system.
"In coordination with the High Health Authority, he participates in the dissemination of good practices in nursing to professionals and organizes the evaluation of these practices.
"He participates in the monitoring of the demography of the nursing profession, in the production of homogeneous statistical data, and studies the prospective evolution of the profession's workforce in the context of health needs.
"He carries out his duties through departmental councils, regional councils and the National Council of Order.
“Section 2
“Departmental Councils
"Art. L. 4312-3. - I. - The Departmental Council for the Order of Nurses, under the control of the National Council, completes, on the departmental level, the tasks defined in Article L. 4312-2. It performs the functions of representation of the profession in the department as well as a conciliation mission in the event of a dispute between a patient and a professional or between professionals.
“II. - The departmental council is composed of incumbent members and an equal number of alternate members. These representatives shall be elected by direct suffrage by a single-member vote, for a period of four years, with the renewal of half of the elect every two years, as follows:
" - the representatives of the public sector nurses are elected by the nurses in the table and in the public sector;
" - representatives of private-sector nursing workers are elected by registered nurses and private-sector employees;
" - the representatives of the liberal nurses shall be elected by the nurses in the table and held in a liberal capacity.
"The departmental council elects its president every two years after the renewal of half of the council.
"The number of members of each department board is set by regulation given the number of nurses listed in the last table published. None of the three categories of representatives mentioned above can, however, hold the absolute majority of seats in the departmental council alone.
"The nurses listed in the order table, called to elect the members of the departmental council or to make the replacement of the members of the board whose term expires, are summoned by the president of the departmental council in exercise and, in the event of an incapacity, by the care of the national council of the order, the costs remaining at the expense of the departmental council concerned.
"An individual summons is addressed to all nurses in the department and registered in the order table, at least two months before the election date. Voting is done on site, by correspondence or electronically.
"III. - Sections L. 4123-1, L. 4123-2, L. 4123-5, L. 4123-7, the third and fourth paragraphs of section L. 4123-8, sections L. 4123-9 to L. 4123-12 and L. 4123-15 to L. 4123-17 are applicable to nurses under regulatory conditions.
"Art. L. 4312-4. - The departmental councils of the order of the nurses hold session with the departmental councils of other professional orders for the examination of matters common to the professions concerned.
“Section 3
“Regional Councils
"Art. L. 4312-5. - I. - The Regional Council, under the control of the National Council, shall, at the regional level, carry out the tasks defined in Article L. 4312-2. It acts as representation of the profession in the region as well as the coordination of departmental councils.
"He examines projects, proposals or requests for advice that are submitted to him by the relevant regional health authorities. It is consulted on the plan established by section L. 214-13 of the Education Code prior to the approval of this plan by the interested regional council.
"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 Council are not public.
“II. - The decisions of the regional councils regarding the registration and temporary suspension of the right to exercise in the event of a disability or a pathological condition that renders the exercise of the profession hazardous may be subject to a hierarchical appeal to the national council.
"III. - The Regional Council consists of incumbent members and an equal number of alternate members. These representatives shall be elected by direct suffrage by a single-member vote, for a period of four years, with the renewal of half of the elect every two years, as follows:
" - the regional representatives of the public sector nurses are elected by the departmental representatives of the public sector nurses;
" - the regional representatives of private sector nursing workers are elected by the departmental representatives of private sector employees;
" - the regional representatives of the liberal nurses are elected by the departmental representatives of the liberal nurses.
"The regional council elects its president every two years after the renewal of half of the council.
"A decree sets out the number of members of each regional council, given the number of nurses listed in the last table published. None of the three categories of representatives mentioned above, however, can hold the absolute majority of seats in the Regional Council alone.
"When members of a regional 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 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 organized without delay, this delegation ensures the management of current affairs and the functions assigned to the council.
"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 performed by the national council.
"IV. - The Regional Council includes a first instance disciplinary board.
"Articles L. 4124-1 to L. 4124-8, the first paragraph of articles L. 4124-9, L. 4124-10 and L. 4124-12, Article L. 4124-13 and the first paragraph of Article L. 4124-14 are applicable to nurses under conditions fixed by decree in the Council of State.
"The employer shall inform the President of the Regional Council of the order of any disciplinary action referred to in the first paragraph of section L. 4311-26, as a result of professional misconduct against a public-sector nurse.
"Art. L. 4312-6. - Regional Nursing Councils may hold meetings with regional or interregional councils of other professional orders for the examination of matters common to the professions concerned.
“Section 4
“National Council
"Art. L. 4312-7. - I. - The National Council of Order fulfills on a national level the tasks defined in Article L. 4312-2. It develops the code of ethics. It ensures that all members of the order observe professional duties and rules enacted by this code. He examines questions or projects submitted to him by the Minister for Health.
"He may, before all jurisdictions, exercise all the rights reserved to the civil party in respect of the facts of direct or indirect harm to the collective interest of the nursing profession, including in the event of threats or violence committed as a result of membership in that profession.
"The National Council is assisted by a member of the Council of State with 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.
“II. - The National Council determines the unique amount of the contribution paid to order by any person listed in the table.
"He distributes the proceeds of this contribution, between the boards according to their charge, specifying the part devoted to the operation of the disciplinary chambers.
"The contribution is mandatory.
"The national council manages the property of the order and can create or subsidize works of interest to the nursing profession and works of mutual assistance.
"It oversees the management of regional and departmental councils, which must inform it beforehand of the creation and report to it on the management of all organizations dependent on these councils.
"III. - The National Council is composed of incumbent members and an equal number of alternate members. These representatives shall be elected by direct suffrage by a single-member vote, for a period of four years, with the renewal of half of the elect every two years, as follows:
" - National representatives of the public sector nurses are elected by the regional representatives of the public sector nurses;
" - National representatives of private-sector nursing workers are elected by the regional representatives of private-sector employees;
" - the national representatives of the liberal nurses are elected by the regional representatives of the liberal nurses.
"The national council elects its president every two years after the renewal of half the council.
"A decree in the Council of State sets the number of members of the national council, taking into account the number of nurses listed in the last published table. None of the three categories of representatives mentioned above can, however, hold the absolute majority of seats in the National Council alone.
"When members of the National Council put it in the impossibility of functioning, its dissolution is decreed 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 and decides on appeals against decisions of the regional councils pursuant to the code of conduct.
"IV. - The National Council consists of a national disciplinary chamber that is on appeal for decisions rendered by the disciplinary chambers of first instance. Section L. 4122-3 is applicable to nurses.
"V. - The provisions of section L. 4132-6 relating to the Board of Auditors and Financial Investments are applicable to the National Board of Nurses.
"Art. L. 4312-8. - The National Council for the Order of Nurses may hold a session with the National Councils of other professional orders for the examination of matters common to the professions concerned.
“Section 5
“Common provisions
"Art. L. 4312-9. - Sections L. 4125-1 to L. 4125-3, L. 4125-5 and L. 4126-1 to L. 4126-6 apply to the nursing profession under conditions prescribed by regulation. »
I. - The third, fourth and fifth paragraphs of section L. 4311-15 of the Public Health Code are replaced by a paragraph as follows:
"No one may practise the profession of nurse if he has not met the obligation set out in the first paragraph and is not included in the Nursing Order Table. However, a nurse who has no professional residence may be authorized by the departmental nursing board, and for a limited period, renewable under the same conditions, to replace a nurse. The representative of the State in the department as well as the Prosecutor's Office of the High Court have a right of permanent access to the table of the departmental board of order and may obtain a copy of it. The list of professionals listed in this table is made available to the public under conditions established by decree. »
II. - Article L. 4311-16 of the same code is as follows:
"Art. L. 4311-16. - The Departmental Council for the Order of Nurses refuses to register in the Order Table if the applicant does not meet the legal requirements for the exercise of the profession, if the applicant is subject to a temporary or final ban on the occupation in France or abroad, or if the applicant is subject to a suspension imposed under section L. 4311-26. »
I. - Section L. 4311-17 of the Public Health Code is amended as follows:
1° In the first sentence, the words "on the departmental list" are replaced by the words "in the table";
2° In the last sentence, after the words "interested" are inserted the words "or departmental council of order".
II. - Article L. 4311-18 of the same code is as follows:
"Art. L. 4311-18. - If it appears that the applicant is suffering from a disability or is in a pathological condition that makes the exercise of his profession dangerous, the departmental nursing board refuses to register in the table. In case of doubt, an audit may be carried out, at the request of the Board of Order or Interest, by the Departmental Public Health Inspector. »
Title IX of Book III of Part IV of the Public Health Code is repealed.
I. - Sections L. 4311-24 and L. 4311-25 of the Public Health Code are repealed.
II. - Article L. 4311-28 of the same code is as follows:
"Art. L. 4311-28. - Sections L. 4112-3 to L. 4112-6, L. 4113-3, L. 4113-5, L. 4113-6 and L. 4113-9 to L. 4113-14 apply to nurses under conditions specified by regulation. »
I. - Sub-section 2 of chapter V, section 1, title IV, of Book I of the Social Security Code is as follows:
"Subsection 2
“General provisions
related to certain paramedical professions
"Art. L. 145-5-1. - The faults, abuses, frauds and all acts of interest in the exercise of the profession identified against the masseurs-kinésitherapists and nurses on the occasion of the care provided to the social insured persons are subject to a first instance section of the disciplinary board of the first instance of the masseurs-kinésitherapists or to a section of the disciplinary board of the first instance of the nurses referred to as the section of the social insurance of the disciplinary board
"Art. L. 145-5-2. - Sanctions that may be imposed by the Social Insurance Section of the Disciplinary Chamber of First Instance and by the Social Insurance Section of the National Council for the Masseurs-kinésitherapists and the National Council for the Order of Nurses are:
« 1° The warning;
« 2° The blame, with or without publication;
« 3° The temporary or permanent prohibition, with or without suspension, of the right to provide care to social insured persons;
« 4° In the case of abuse of fees, the reimbursement to the insured of the overpayment or the payment to the social security agencies of the overpayment, even if it is not pronounced any of the penalties provided for at 1° to 3°.
"The Social Insurance Section may include the penalties provided for in this Article of its publication in accordance with the terms and conditions it sets.
"If, for acts committed within five years of the notification of a sanction with a stay, as soon as the penalty has become final, the court shall pronounce the penalty mentioned in the 3rd, it may decide that the penalty, for the party with a stay, becomes enforceable without prejudice to the application of the new penalty.
"The penalties provided for in this article are not cumulative with those referred to in Article L. 4124-6 of the Public Health Code when they have been pronounced on the same facts. If the competent courts impose different sanctions, only the heaviest penalty is enforced.
"Definite decisions are binding. They must, in the case provided for in the 3rd or if the judgment so provides, be published by social security organizations.
"Art. L. 145-5-3. - The penalties provided for in 1° and 2° of Article L. 145-5-2 result in the deprivation of the right to be part of the departmental, regional, interregional and national council of the order of the masseurs-kinésitherapists or of the order of the nurses for a period of three years. The penalties provided for in the 3rd and 4th of the same article lead to the deprivation of this right in a definitive manner.
"The professional with a final sanction of a permanent prohibition on the right to provide care to social insured persons may be relieved, after a period of three years following the sanction, of the incapacity resulting from a decision of the first-instance disciplinary board that has pronounced the sanction.
"When the application has been rejected after consideration on the merits, it can only be represented after a further three-year period.
"Art. L. 145-5-4. - Any professional who contravenes the decisions of the regional or interregional council, the disciplinary section of the national council, the social insurance section of the first instance disciplinary board or the social insurance section of the national council of the order of the masseurs-kinésitherapists or the order of the nurses by providing care to a social insured person while deprived of the right to do so, is required to reimburse the social security agency
"Art. L. 145-5-5. - Decisions rendered by the Social Insurance Section of the National Council for the Order of Kinesi Therapists and the Order of Nurses are subject to appeal to the Council of State through the appeal of cassation. »
II. - Sub-section 2 of chapter V, section 2 of Book I, title IV, of the same code is as follows:
"Subsection 2
“Organization of jurisdictions
related to certain paramedical professions
"Art. L. 145-7-1. - The Social Insurance Section of the First Instance Disciplinary Chamber of the Kinesi Therapists and of the Order of Nurses are jurisdictions. They are chaired by a member of the administrative tribunals and administrative appeal courts appointed by the Vice-President of the Council of State in the light of the proposals of the President of the Administrative Court of Appeal in the jurisdiction of the regional or interregional council. Where applicable, two alternate chairs may be appointed under the same conditions.
"They include an equal number of member assailants, as the case may be, of the order of the kinesi therapists or of the order of the nurses, and assailants representatives of social security organizations, including at least one consulting practitioner, appointed by the competent authority of the State. Member assessors of orders are designated by the regional or interregional council of each of these orders within it.
"Art. L. 145-7-2. - The Social Insurance Section of the National Council for the Order of Kinesi Therapists and the Order of Nurses are each headed by a State Councillor appointed at the same time as one or more alternate State Councillors by the Seal Guard, Minister of Justice. They include an equal number of member assailants, as the case may be, of the order of the masseurs-kinésitherapists or of the order of the nurses, and assailants, representatives of the social security organizations, appointed by the competent authority of the State on the proposal of the National Health Insurance Fund of the employed workers. Member assessors of the orders are designated by the national council of each of these orders within it.
"Art. L. 145-7-3. - The members of the Social Insurance Section of the First Instance Disciplinary Chamber or the National Council for the Masseurs-kinésitherapists and the Order of Nurses may not sit on the grounds of fact that they would have known as members of the Disciplinary Chamber. »
III. - Sub-section 2 of chapter V, section 3, title IV, of Book I, of the same code is as follows:
"Subsection 2
" Procedure for Certain Paramedical Professions
"Art. L. 145-9-1. - The procedure before the social insurance section of the first instance disciplinary chamber and in front of the Social Insurance section of the National Council for the Masseurs-kinésitherapists and the Order of Nurses is contradictory.
"Art. L. 145-9-2. - The president of the social insurance section of the disciplinary board of first instance and the president of the social insurance section of the national council of the order of the masseurs-kinésitherapists, as well as the president of the section of the social insurances of the disciplinary board of first instance and the president of the section of the social insurance of the national council of the order of the nurses may, by order, give notice of the withdrawals, »
Within two months of the promulgation of this Act, the Government shall submit to Parliament a report on the proposal to replace the Higher Council of Paramedical Professions from Decree No. 73-901 of 14 September 1973 with an interdisciplinary structure designed to implement the necessary links between all actors of the health system.
I. - In the Public Health Code, an article L. 4133-5 is reinstated as follows:
"Art. L. 4133-5. - A convention between the State and the National Council for the Order of Physicians sets out the modalities under which the administrative and financial functioning of the Councils of Continuing Medical Training and the Coordinating Committee of Continuing Medical Training is provided, at the national level, by the National Council and, at the regional level, by the Regional or Interregional Councils of the Order of Physicians. »
II. - Before the last paragraph of Article L. 4143-1 of the same code, two paragraphs are inserted:
"The ongoing odontological training system includes a national council and regional or interregional councils.
"A convention between the State and the National Council for the Order of Surgeons-dentists sets out the modalities whereby the administrative and financial functioning of the National Council and the regional or interregional councils of the continuous formation of odontological conduct is ensured, at the national level, by the National Council for the Order of Surgeons-dentists and, at the regional level, by the regional or interregional councils of the order of Surgeons-dentists. »
The second sentence of article L. 4322-14 of the Public Health Code is as follows:
"The provisions of this Code include the ethical and ethical rights and duties of pedicures-podologists in their relationship with members of the profession, patients and members of other health professions. »
This law will be enforced as a law of the State.
Done in Paris, December 21, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Health and Solidarity,
Xavier Bertrand
(1) Preparatory work: Act No. 2006-1668.
National Assembly:
Bill No. 2996;
Report of Ms. Maryvonne Briot, on behalf of the Cultural Affairs Committee, No. 3009;
Discussion and adoption on June 13, 2006.
Senate:
Proposal for a law, adopted by the National Assembly, No. 390 (2005-2006);
Report of Ms. Sylvie Desmarescaux, on behalf of the Social Affairs Committee, No. 1 (2006-2007);
Discussion and adoption on 5 October 2006.
National Assembly:
Bill, amended by the Senate, No. 3357;
Report of Ms. Maryvonne Briot on behalf of the Committee on Cultural Affairs, No. 3433;
Discussion and adoption on 14 December 2006.
