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Article R1142-63-19 of the French Public Health Code

The president of the college and the deputy presidents are appointed by order of the Minister of Justice and the Minister of Health for a renewable term of three years. The chairman of the college is not subject to the hierarchical authority of the chairman of the board of directors or the director of the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales. It may…

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Article R1142-63-20 of the French Public Health Code

The members of the College are subject to the provisions of Article L. 1451-1. At each meeting, the members of the College shall state, if applicable, that they have a direct or indirect family, professional or financial relationship with the persons whose application is being examined or with the healthcare professionals, healthcare institutions, healthcare services or organisations or producers, operators or distributors of healthcare products concerned by this application. Where…

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Article R1142-63-21 of the French Public Health Code

Members of the Board are entitled to reimbursement of any travel expenses they may incur in the performance of their duties under the conditions laid down in the regulations applicable to civil servants. Allowances are granted to full or alternate members, with the exception of the Chairman when he is seconded. The amount of these allowances is set by order of the ministers responsible for the budget and health.

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Article R1142-63-22 of the French Public Health Code

The secretariat of the Board is placed under the functional authority of the Chairman and is provided by the Board’s staff. It is provided by staff from the Office. The Director of the Office or his representative attends meetings of the College without the right to vote. The Board adopts its own rules of procedure, which define the rules of procedure and the conditions under which it operates. In particular,…

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Article R1142-63-23 of the French Public Health Code

The College meets when convened by its Chairman, who sets the agenda. It may only deliberate if at least half of the members in office are present, excluding the Chairman. If this is not the case, a new meeting will be held, with no quorum required, after a period of fifteen days. The opinions of the Board are adopted by a majority of the members in office present. In the…

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Article R1142-63-24 of the French Public Health Code

The application referred to in Article L. 1142-24-10 shall be lodged with the Office against a receipt or sent to the Office by any means capable of proving the date on which it was sent. It is accompanied by a file containing all the information mentioned in the second paragraph of article L. 1142-7. It also includes medical certificates specifying the extent of the damage suffered or believed to have…

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Article R1142-63-25 of the French Public Health Code

Applications are examined by the Chairman of the Board, assisted by the secretariat. He may ask for any additional documentation required to examine the application. Once the application has been examined, the College Chairman places it on the agenda for a meeting of the College.

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Article R1142-63-26 of the French Public Health Code

Any natural or legal person in possession of information likely to enlighten the College about claims submitted to the Office is required, at the request of the latter, to transmit this information to it in application of the first paragraph of article L. 1142-24-11. Information covered by medical confidentiality may only be transmitted by a doctor. The College communicates medical information to the applicant via one of the Office’s doctors.

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Article R1142-63-28 of the French Public Health Code

Any experts appointed by the Chairman of the College shall send their draft report to the claimant and, where applicable, to the claimant’s counsel, who shall have a period of fifteen days in which to submit their observations. Within two months of their appointment, the experts will send the College their expert report, including their response to any comments.

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