Part Six: Health facilities and services

The Board of Directors defines the Agency’s general policy and deliberates on : 1° The public health programme provided for in article L. 6431-4 ; 2° The medical project ; 3° The master plan as well as construction, major repair and demolition projects; 4° The budget and amending decisions, presented by functional group; 5° The accounts and the allocation of results; 6° The financial participation of the agency’s users provided…

The decisions of the Board of Directors are enforceable as follows: 1° Decisions relating to the matters listed in 2°, 5°, 7° to 11° and 14° to 17° of article L. 6431-6 are enforceable by operation of law as soon as they are received by the Minister for Health. The Minister for Health shall refer any deliberations that he considers illegal to the administrative court of the territory within two…

The resources of the health agency include in particular: 1° A grant from the State ; 2° Assistance it may receive from the territory or from public and private bodies; 3° A contribution from users according to their means; 4° Remuneration for services rendered; 5° Income from loans; 6° Donations and legacies.

Articles L. 6113-3 and L. 6113-4, for the missions mentioned in 2 to 4 of article L. 6431-4, and articles L. 6145-10 to L. 6145-15 are applicable to the territory of the Wallis and Futuna islands. In article L. 6145-10, for its application to the territory of the Wallis and Futuna Islands, the words: “by order of the State representative in the department” are replaced by the words: “by order…

The health agency is headed by a director appointed by order of the ministers responsible for overseas France and health. The Director represents the Agency in legal proceedings and in all civil acts. He prepares the work of the Board of Directors. He is responsible for carrying out the decisions of the Board and implementing the policy defined by the Board and approved by the supervisory authorities. It is responsible…

Health agency contracts are enforceable as soon as they are received by the State representative. The latter shall refer to the administrative court, within two months of receipt, any decisions that he considers to be illegal. He shall inform the Director of the Agency without delay and provide him with all details of the alleged illegalities. He may include in his appeal an application for a stay of execution. This…

The Agency’s staff, with the exception of the Director and the Accounting Officer, are governed by a collective agreement. Notwithstanding law no. 52-1322 of 15 December 1952, as amended, instituting a labour code in the overseas territories, the collective agreement is subject to approval by the ministers responsible for the budget, overseas territories and health. The agency may employ civil servants and hospital practitioners on secondment or placed at its…

The medical committee is made up of representatives of the medical, odontological and pharmaceutical staff and a representative of the midwives. Its chairman is elected. A representative of the Agency Committee, elected from among its members, attends meetings in an advisory capacity. The Medical Committee : 1° Together with the Director, prepares the Agency’s medical project, which defines the medical objectives for a maximum period of five years; 2° Together…

The Agency Committee, chaired by the Director, is made up of representatives of staff categories other than those represented on the Medical Committee. They are appointed by the representative trade unions in the area from among all the staff employed by the agency. The chairman of the medical committee is an ex officio member. The agency committee must be consulted on : 1° The hospital project mentioned in article L….

The Medical Commission and the Agency Committee are also consulted on points 1 to 11 and 14 of Article L. 6431-6. In these cases, the Medical Commission and the Agency Committee deliberate in joint formation at the initiative of the Director, unless the Chairman of the Medical Commission objects.