The Director is appointed by decree on a proposal from the Minister for Health, for a renewable three-year term.
He is responsible for managing the institution. He performs all acts that are not reserved to the Board of Directors by virtue of the provisions of article R. 1142-46.
It prepares and implements the decisions of the Board of Directors, to which it reports on its management.
He prepares and implements the budget.
He is the authorising officer for revenue and expenditure, including for the Medical Risks Observatory set up in application of article L. 1142-29.
He recruits, appoints and manages the Office’s contract staff and, where appropriate, assigns them to the commissions mentioned in article L. 1142-5 for conciliation and compensation for medical accidents, iatrogenic conditions and nosocomial infections.
He has hierarchical authority over all staff, with the exception of magistrates seconded to chair the committees referred to in article L. 1142-5 or to deputise for the chair.
He represents the institution in legal proceedings and in all civil acts.
He concludes public procurement contracts and leases.
Subject to the provisions of article R. 1142-46, he shall determine the compensation offers made to claimants and the amount of the provisions to be paid to them, and he shall decide, where appropriate, on legal action relating to the compensation referred to in articles L. 1142-15, L. 1142-17, L. 1142-21, L. 1142-24-7, L. 1142-24-17, L. 1221-14, L. 3111-9, L. 3122-4 , L. 3131-4 and L. 3135-3 .
The Director shall inform the Board of Directors of the compensation arrangements, the status of the procedures and the follow-up of the cases as well as of the recourse actions brought pursuant to Articles L. 1142-15, L. 1142-17, L. 1142-21, L. 1142-24-7, L. 1142-24-17, L. 1221-14, L. 3111-9, L. 3122-4 , L. 3131-4 and L. 3135-3.
The Director shall inform each Commission for Conciliation and Compensation of Medical Accidents, Iatrogenic Diseases and Nosocomial Infections of the action taken by the Office on its opinions. Where the Director refuses to follow the opinion of a Commission, he shall inform the Commission of the reasons for his decision.
It informs the director of the regional health agency concerned of the nosocomial infections for which it compensates the victims in application of article L. 1142-21.
The Director may delegate his signature to his employees under the conditions laid down in the Office’s internal regulations.