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Article R1142-63-1 of the French Public Health Code

In addition to its chairman, the college of experts referred to in Article L. 1142-24-4 comprises: 1° Two doctors competent in the field of cardiology ; 2° One person with expertise in personal injury compensation; 3° A doctor proposed by the President of the Conseil national de l’ordre des médecins ; 4° One doctor proposed by associations of patients and users of the healthcare system which have been approved at…

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Article R1142-63-2 of the French Public Health Code

The Chairman of the Board and his alternates are appointed by order of the Minister of Justice and the Minister of Health for a renewable term of three years. The other members of the College are appointed by order of the Minister for Health for a renewable term of three years.

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Article R1142-63-3 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 R1142-63-4 of the French Public Health Code

Members of the Board are entitled to reimbursement of travel expenses incurred 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. The amount of these allowances is set by order of the ministers responsible for the budget and health.

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Article R1142-63-5 of the French Public Health Code

The Board’s secretariat is provided by the Office. In this capacity, the Director of the Office attends the meetings of the Board, without the right to vote. He may be represented or assisted by any person of his choice. The Board adopts its own rules of procedure, which set out the conditions under which it operates. These rules specify how the Board organises its work and prepares its opinions, and…

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Article R1142-63-6 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 R1142-63-7 of the French Public Health Code

The application referred to in Article L. 1142-24-2 shall be sent to the Office by registered letter with acknowledgement of receipt or lodged with the Office in return for a receipt. It is accompanied by a file containing all the information mentioned in the second and third paragraphs of article L. 1142-7 and article L. 1142-24-2. It also includes one or more medical certificates specifying the extent of the damage…

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Article R1142-63-8 of the French Public Health Code

The Office registers the application and, if necessary, requests any missing documents. On receipt of the initial application, the Office informs the manufacturer or manufacturers of the medicinal product concerned and the other persons referred to in Article L. 1142-2 to whom the applicant wishes to enforce the procedure, as well as the social security organisation to which the victim is or was affiliated at the time of the damage…

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Article R1142-63-9 of the French Public Health Code

On receipt of the complete file, the Office forwards it to the President of the College. The College will ensure that the claimant can prove the existence of a functional impairment attributable to benfluorex. To this end, it may commission an expert opinion. The Office is informed immediately. Any natural or legal person in possession of information likely to enlighten the College on the compensation claims submitted to the Office…

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Article R1142-63-10 of the French Public Health Code

When an expert opinion is requested by the president of the college of experts, the expert or experts responsible for carrying it out are chosen, on the basis of their competence in the field or fields concerned, from the national list of medical accident experts mentioned in article L. 1142-10 or one of the lists instituted by article 2 of law no. 71-498 of 29 June 1971 relating to legal…

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