See also the article professional Order
The Ordre of the Doctors is a company doctor, administrative and jurisdictional of defense and regulation of the medical profession.
Order of the doctors in France
History
For the French revolution which made disappear the corporations, it was necessary to find a remedy for the charlatanism and proposal was made found a professional Ordre Médecin S, ability to be decided which had the right to exert or not. After many tests, it is only under the Régime of Vichy, at the request of the German occupant which threatened to impose its own rules on the matter, in particular to exclude the Jewish doctors from the profession, then to denounce them, which the order of the doctors will be created.Notons with the passage that the Order of the doctors, under the presidency of the Senior DOORS had taken a very firm position against the lifting of the Medical secret which required the German occupants. This bold deontologic demonstration, sent by telegram to all the doctors, intervenes however only the July 8th 1944, that is to say one month after the unloading.
It will be dissolved by De Gaulle with the release. ----
L' order of the Doctors, such as there currently exists, was created the September 24th 1945 by the Government of the Republic, so as to take care " with the maintenance of the principles of morality, of essential probity and devotion to the exercise of the médecine". ----Articulated around the " Médicale" code of conduct; , the current missions about the Doctors are multiple, and it is taken care that they adapt to the technical evolutions, scientific and sociétales of a world perpetually in mouvement.
Organization of the National order of the doctors
the Order has a federator function. The Legislator gave a very strong legislative value to the Code of conduct Medical since this one was enacted in the form of Décret with the Council of State and that he is integral part of the Public health code. Deprived organization with public service mission, the Order is a strictly professional structure and does not undergo any supervision. Its members are advisers elected by the whole of the French doctors who ensure, only, the financing of the institution.the Order has a function of the Council of the Public authorities. The order is the interlocutor, sometimes even the adviser of the Public authorities, in particular by delivering its opinion on the law or decree, draft Regulations which are subjected to him by the authorities. The order carries also the interests of the patients and the medical profession near the European institutions by defending a humanistic vision there medicine.
the Order has a regulatory capacity. It is guaranteeing maintenance of competence and probity of the medical community. It belongs to him to draw up and bring up to date a table to which can be registered only the doctors of medicine who meet the legal conditions and of morality necessary to follow the occupation. This inscription is obligatory for whoever wants to exert medicine in France, except the doctors of the Armies or those which in any manner do not have to exert a medicine of care or prevention in contact with patients. The wording of the ordinances and the professional plates, the examination of the professional contracts, the delivery of the authorizations of replacement, the exercise in multiple sites are its attention object. The decisions of an administrative nature are likely of call before the National council, then possibly with the Council of State.
the Order has a jurisdictional role. The doctors who do not respect the principles of devotion, competence or morality appear before their pars within the " disciplinary rooms of first instance" , which sits within the District council, and which is chaired by a magistrate named by the Vice-president of the Council of State. The call is carried out near the " Disciplinary room of appel" national council, independent of the structure, chaired by an Adviser of State of high ranking. The recourse can be formed in front of the Council of State.
The Order of the doctors, is composed of 3 structures, correlated respectively at the department, the area, and the national level:
The departmental council of the Order
Natural interlocutor of the Public authorities, as well as organizations of social protection, DDASS, the Departmental Council holds up to date the table of the registered doctors, control their independence professional by checking the contracts of these doctors, rules on certain requests for installation, checks the good control of the French language.
- Management of the Table of the order (number ADELI.)
- Management of the authorizations of installation of the doctors in the department
- Control of the wording of the plates and the mentions in the directories and on the ordinances
- Examination of the contracts signed between two or several doctors, doctors and private or public structures
- Delivery of the authorizations of replacement (only the departmental council of Universitaire site delivers the licenses of replacement)
- Délivre the medical Caducée
- To have of conciliation in the event of disagreements between doctors, or a patient and a doctor, before transmission (obligatory) of the complaint, if it persists, with disciplinary section of the District council.
- Collection and study of the files of mutual aid enters the doctors
The number of Advisers is determined by the numerical importance of the experts registered in the Table. The Advisers are elected by the whole of the doctors of the department, for one 6 years duration, following the example Substitutes elected with the same poll. The renewal is carried out per third every 2 years. The Advisers are re-eligible. They are voters with the polls appointing the Regional advisers, and the National Advisers of their area. The poll is done on the following mode: Calls for candidate until a deadline, then sending of the bulletins of candidature and possible " professions of foi" by the Departmental Council near all the doctors registered in the Table of the Department, with envelope for the return to the Departmental Council before the beforehand fixed deadline (the external envelope must necessarily be identified by the name and the signature of the voter), then General meeting where one carries out the examination publicly. The candidates with the highest score are proclaimed titular, the temporary following, with considered number of positions of power. The possible litigations must be consigned in writing and can be subjected in call near the District council
The district council of the Order
Its structure is modified since the first February 2007. Before this date, it was limited to a role of First disciplinary authority:
- with regard to disciplinary matters following complaints of private individuals or experts
- out of electoral matter at the time of the elections of the departmental councils
- as regards conflict at the time of the inscription in the table of the Order
From February 2007, NEW ORGANIZATION
The District council about the Doctors has from now on a primarily administrative role and of regulation of the medical care, in phase with the other regional administrative structures (A.R.H., O.R.S., Regional union of the Private doctors, Board of trustees of UFR of Medicine, District council of Continuous Medical Training, Regional Caisse of Health insurance….). He will have in addition to decide fate of the doctors become temporarily médicalement inapt for the exercise. Lastly, is attached there the independent disciplinary structure now chaired by a magistrate resulting from the Administrative court.
The composition of the District council varies according to the importance of the number of doctors registered in the area. Usually it will be composed of 12 regular members and as many substitutes, all elected by the Departmental Advisers, only voters, among the candidates resulting from the doctors of the area. The distribution of the seats to the Council will be done at a rate of 1 elected official per department of the Area, the remainder of the stations being distributed in proportion to the number of doctors registered in each department.
The disciplinary Section is made of 2 components, elected paritairement with the internal turn and the external turn. Thus, the District council elects in his center, with the turn interns 4 titular Assesseurs members and as many Temporary Assessors to the Regional Disciplinary Section, itself now chaired by a magistrate of the Administrative court. This disciplinary section is supplemented with the external turn, by the election of 4 regular members and 4 temporary members, who must have the former member or membership elected at least once with an Ordinale election. The debates at the time of these lawsuits remain public. However, the plaintiff loses his role of witness now, in right one says that it becomes " partie". Each part can be made assist or represent by a lawyer, and part qu succumbs is prone at the expense. In the event of dilatory or obviously abusive procedure, the magistrate can impose a fine up to 3000 euros. The decisions are prone to call near the Disciplinaire section of call of the National council, then, possibly with the Council of State.
Will be leant near the District council, for administrative reasons and of convenience an independent structure, the District council of Continuous Medical Training, which will have to appreciate additional trainings so much that all the doctors must follow, that followed to them effective. This C.R.F.M.C is composed of 12 members: 3 Regional advisers who cannot in addition belong to the Disciplinary Section, 3 hospital doctors, 3 doctors paid, all elected by their respective authorities, and 3 members designated by the National council of Continuous Medical Training. It is that each doctor, whatever his mode of exercise has a double obligation henceforth. It must follow a recognized and quantified continuous medical formation, and be also subjected to a personal car-evaluation of its professional practices, the whole under the aegis of organizations entitled by High health official (H.A.S.).
The role of the C.R.F.M.C will be to quantify the effort of formation, and to qualify the autoevaluation of each doctor, then to transmit every five years the validated file of each doctor to the Departmental Council where it is registered. In the event of fault, or of insufficiency this last will be able to translate the failing doctor near the disciplinary authorities.
The national council of the Order
The Central role of the National council is to make respect the Code of conduct medical, " with the service of the Public health and Malades". The National council about the Doctors is composed of 36 members, elected for 6 years by the regular members of the departmental within the competence of the area, and renewable Councils by third every 2 years. An Adviser of State of raised row, named by the Minister of Justice, assists it in his work. 4 members co-opted or designated according to particular competences are added to it. Y also sit of right a representative named by the Minister of Health, a member of the Academy of Medicine and 9 listeners. A representative of the Minister for the Armies and Ministry for Health assist with the sessions but with advisory voice.
the National council has multiple functions:
- Federates the activity of all the departmental councils and regional
- Recognizes the professional qualifications of the Doctors, after opinion of the specific Commissions of qualification to each speciality which it accommodates.
- Delivers the business cards.
- Modifies the code of conduct medical with the downstream of the Council of State
- Détermine and distributes the amount of the obligatory annual contribution of each expert, guarantees independence
- Mène public surveys on the geographical distribution of the professionals
- Représentation of the medical profession near the French, European, and world institutions.
- Manages at the national level the mutual aid among the professionals.
- Study of the texts in preparation and the projects of regulation which are subjected to him by the Public authorities.
- Informed and judges the different ones of an administrative nature via the National Commission of administrative calls.
- Coordinates the permanence of the care, in particular the regulation of the guards and urgencies, on the whole of the territory.
It accommodates the disciplinary Room Nationale of call, jurisdictional Organization which sits in public, under the Presidency of one of the four Advisers of State who are affected there. This jurisdiction, although accommodated in its buildings, is completely independent of the National council. Its decisions can be disputed with the Council of State.
This National Disciplinary Room of call is elected by the whole of the National Advisers on the same way of voting as the disciplinary Room of first authority near the district council.
It is made up of twelve members (6 holders and 6 substitutes elected among the candidates resulting from the National council, with a mandate of 2 years, and 6 holders and as many elected substitutes " with the turn externe" among the candidates doctors having had or having quality To advise ordinal with some title that it is, elected for 6 years, and renewable by third every 2 years.
Polemics
The order was pointed finger for the apparent opacity of its democratic operation:- " the elected administrators are not elected on a program " Indeed the candidates, doctors of the department, have each one the occasion to carry out a " profession of foi" individual which is addressed for information to all the voters.
- " “ the disciplinary measures leave sometimes the framework of the good exercise of the profession and can be connected with censure when they aim at critical experts being shown towards their pars " ” (cf Pelloux Business). It is that the Order is charged to make respect the " Code of conduct medical " , which recommends (Article 56) a good agreement between the professionals, from where, sometimes, of the requests for explanations.
- Without alternative, the Order can be perceived like a kind of trade union obligatory . However it should be noted that it does nothing but obey the regulations " Code Publique" Health;
- In 1981, the suppression of the order appeared in the number of 110 Proposals of the candidate François Mitterrand who qualified the institution of “offense to the democracy ”. It does not have of it anything be.
- It is sometimes reproached the Order for being more concerned appearances of morality and respectability within the profession, that of interest of the patient: a doctor who saw with a shady (e.g. business of Dr. Minard) would be thus more surely excluded that an author from heavy professional misconduct. The order of the doctors is not free from lawsuit of intention for which does not know little about or the contents of the " affaires".
Some businesses
- Dr. Patrick Pelloux which had declared “the urgentists are not there to make the job which the private doctors do not want to make” , was convened by the order.
- Dr. Michele d' Auria, doctor of Emmaüs, marked wrongly (then cleared, because there was error on the person) by justice to have a terrorist past in Italy during the “years of lead”, will be erased Order, which Ordre seems to have in the dissimulated passing of the evidence of the innocence of their fellow-member.
- Dr. Michel Garetta, mainly person in charge of the diffusion of the blood contaminated, is " pardonné" by the order without states of heart.
- Dr. Carpentier, joint editor of a leaflet of information on the Sexuality (“let us learn how to make love”) distributed to the exit of a college, loses the right to exert its trade during one year (October 1972). Let us note that for 25 years, times have changed, but how mentalities always do not follow!
On Internet
- www.conseil-national.medecin.fr, official site
- micheledauria.free.fr, site of support for Michele d' Auria
Order of the doctors in Belgium
Organization
The Ordre of the doctors is organized in a national council, two councils of calls (Dutch-speaking, a French-speaking person) and ten councils provincial:- the provincial council of the Brabant of French expression (the Walloon Brabant + French-speaking doctors of the area of Brussels) (N° INAMI starting with 1/2 or 1/8)
- the provincial council of the Brabant of expression Dutchwoman (the Flemish Brabant + Dutch-speaking doctors of the area of Brussels) (N° INAMI starting with 1/0)
- the provincial council of the province of Antwerp (N° INAMI starting with 1/1)
- the provincial council of the province of Western Flanders (N° INAMI starting with 1/3)
- the provincial council of the province of Eastern Flanders (N° INAMI starting with 1/4)
- the provincial council of the province of Hainaut (N° INAMI starting with 1?)
- the provincial council of the province of Liege (N° INAMI starting with 1/6)
- the provincial council of the province of Limbourg (N° INAMI starting with 1/7?)
- the provincial council of the province of Luxembourg (N° INAMI starting with 1/8)
- the provincial council of the province of Namur (N° INAMI starting with 1?)
(A N° INAMI is a number of person receiving benefits of care, allotted by the INAMI = National institute of the sickness and disablement insurance)
To note:
- that before the bursting of the province of the Brabant to the beginning of the year 1990 (in three pieces: area of Brussels, the Walloon Brabant, the Flemish Brabant), there were two orders for this province, according to the linguistic mode of the doctor. After the bursting, the status quo was respected.
External bond
- Official site about the doctors
Order of the doctors of Monaco
External bond
- Order of the Doctors of Monaco
In Quebec: College of the doctors
External bond
- College of the doctors of Quebec
Order of the doctors in Switzerland
See too
- Order of the pharmacists
- in France: Order of the midwives (www.ordre-sages-femmes.fr)
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