Section 7: The Managing Director's right to derogate

The Director General of the Regional Health Agency may derogate from the standards laid down by the State administration, provided for in this Code or in the Code de l’action sociale et des familles, or taken in application of one of these two codes, in order to take non-regulatory decisions falling within his or her remit in the following areas: 1° The organisation of health monitoring in the region and…

The derogation must meet the following conditions: 1° It must be justified by a reason of general interest and the existence of local circumstances; 2° It must have the effect of simplifying administrative procedures, reducing procedural deadlines or facilitating access to public aid, in particular funding granted by the regional health agency; 3° It must be compatible with France’s European and international commitments; 4° Not be detrimental to the interests…

The decision taken in application of article R. 1435-40 must state the reasons on which it is based and must be published in the Recueil des actes administratifs of the regional prefecture.

The Regional Conference on Health and Autonomy and the Board of Directors of the Regional Health Agency are informed every six months of the derogation decisions taken by the Director General of the Regional Health Agency. A report on the application of article R. 1435-40 is drawn up by the General Secretariat of the Ministries responsible for Social Affairs and presented to the National Steering Committee for Regional Health Agencies…