Chapter II: Health risks arising from the operation of the healthcare system

The Commission defined in article L. 1142-5 has jurisdiction over a region or regions designated by the order mentioned in the second paragraph of the same article. This order specifies the region in which the Commission has its registered office. However, several commissions may be set up in the same region, by order of the ministers responsible for health, social security and the budget, to take account of the number…

In addition to its chairman, each commission comprises : 1° Three user representatives proposed by associations of users of the healthcare system which have been approved at regional level under the conditions laid down in article L. 1114-1 or which have been approved at national level and have representation at regional level ; 2° For healthcare professionals : – a representative of self-employed healthcare professionals appointed after consultation with the…

Commission members are appointed for a renewable three-year term.

The chairman of the commission and his deputy or deputies are appointed by order of the Minister of Justice. In the case of administrative judges, the appointment is made on the recommendation of the Vice-President of the Conseil d’Etat. The magistrates mentioned above may be seconded to the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales to chair a commission. The secondment is granted for…

The Chairman of the Commission, when he is not seconded to the Office, and, where applicable, his deputy or deputies, receive allowances in recognition of the particular duties to which they are subject. The same applies to the independent mediators provided for in the fourth paragraph of article L. 1142-5. Allowances are paid to other members or their alternates when their participation in Commission meetings results in a loss of…

The Commission meets either as an amicable settlement body or as a conciliation body when convened by its Chairman, who sets the agenda and appoints rapporteurs, either from among the members of the Commission or, if necessary, from among competent civil servants or public officials. It may only deliberate if at least five (1) of its members in office are present. If this is not the case, a new meeting…