” I was contacted about six years ago by a group of liberal nurses (Idels) organized as a collective, who informed me about the emergence of networks of nurses in their area, generating a catch of patients “, says Maître Arnaud de Lavaur, lawyer at the Paris bar. Faced with these fears, the collective decided to lodge a complaint in 2018 with the Departmental Council of the Nursing Order (CDOI). The complaint mainly concerned that the network bought advertising on the Internet to promote itself and that it engaged in unfair competition with other companies. ” We also wanted to condemn the fairground because the founder of this network at the time had between 50 and 80 collaborators in just two different locations. ” says the lawyer. After this first complaint, ” we were disappointed by the decision of the CDOI, which in September 2019 simply sent a warning to the founder of the network reminding that paid reference was not approvedreports the Master of Lavaur. But since there is no regulatory body, he continued his practice. »
After this first decision, a former employee of this network contacted Maître de Lavaur’s office. ” She was in conflict with the owner and wanted to share information with us about the inner workings of this network and file a complaint for various ethical violations with the CDOI ” says Master of Lavaur.
The complaint was filed on October 23, 2018. This time, the lawyer’s argument was mainly based on the fact that the network is owned by a single partner/proprietor who exercises with about 80 employees. ” In our opinion, having one partner working with so many people can be like running a business.he claims. It is, however, enshrined in the Public Health Act that nursing must not be practiced as a profession. The lawyer further maintained that this activity gave rise to fee sharing, since the owner of the company only otherwise practiced the nursing profession. However, with some exceptions, notably for the implementation of the Nursing Care Report (BSI), the Public Health Act prohibits it because it is not possible to get rich off of someone else’s work. . In March 2020, the Nurses’ Disciplinary Chamber of First Instance issued its conclusions and recorded the removal of the network manager and his SELARL. After the manager appealed, the decision was suspended until it was delivered by the Order’s National Disciplinary Chamber on September 12, 2022, which confirmed the radiation from the nurse and his company.
The analysis of the nursing order
As explained by the management of the Norwegian Nurses Association, the disciplinary chamber’s decision reminds us that cooperation is a community of closeness created” between the owner, who actually exercises the profession, and the partners with a view to considering in the long term their accession to the status of associates or for the partners to set up their own company », which was not the case in the convicted case. However, the disciplinary judge believed that he was not competent to introduce a limitation on the number of business partners, because it is a matter of a change in the law. Furthermore, it appears from the decision that the behavior of the owner and his company exceeded the limits of the practice of the nursing profession and that it was run as a business. In addition, the National Disciplinary Chamber recognized that the amount of the required fee for each partner should be considered a sharing of fees, because the holder does not participate in the company’s expenses for his part as holder, and that the amount is indifferent to the annual fees.
However, the convicted nurse, who did not want to respond to our request for an interview, encouraged Espace Infirmier to appeal to the Council of State.