French Business Law - French Legislation

Article R1142-38 of the French Public Health Code

November 6, 2023

The National Commission for Medical Accidents assesses the conditions under which expert assessments are carried out by the commissions referred to in article L. 1142-5 and makes recommendations on the conduct of such medical assessments. It also formulates recommendations, based on an examination of the operation of these commissions, an analysis of the opinions they issue and comparisons of the conditions of access for claimants, in order to achieve the…

Article R1142-39 of the French Public Health Code

November 6, 2023

The National Commission may make proposals to the Minister of Justice and the Minister of Health for the improvement and uniform implementation of the system for compensating for the consequences of health risks. It shall inform the commissions mentioned in article L. 1142-5 of these proposals.

Article R1142-40 of the French Public Health Code

November 6, 2023

The annual report for which the Commission is responsible pursuant to the second paragraph of article L. 1142-10 is drawn up on the basis of information collected both from the commissions mentioned in article L. 1142-5 and from the Office national d’indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales. This report shows, in particular, the number of out-of-court settlements made and assesses the progress of compensation procedures,…

Article R1142-41 of the French Public Health Code

November 6, 2023

For the application of articles R. 1142-38 to R. 1142-40, the Commission may ask the commissions mentioned in article L. 1142-5 and the Office for any information relating to their operation and activity, under the conditions laid down in articles R. 1142-41-1 and R. 1142-41-2 for information which is nominative and relates to personal health data.

Article R1142-41-1 of the French Public Health Code

November 6, 2023

The communication to the National Commission for Medical Accidents, in application of article L. 1142-10, of information covered by medical confidentiality shall be the subject of a written and reasoned request from its Chairman or Vice-Chairman in which he shall designate, from among the doctors or, where appropriate, dental surgeons, the member or members to whom this information is to be made accessible and, where the request concerns the access…

Article R1142-41-2 of the French Public Health Code

November 6, 2023

The information communicated pursuant to Article R. 1142-41-1 shall be used and stored in a place or on a medium that preserves its confidentiality, under the responsibility of the National Commission. Only medical or, where appropriate, dental surgeon members of the Commission may access this information, under conditions laid down by the Chairman, after consulting the Commission. Under no circumstances may these members use this information for purposes other than…

Article R1142-42 of the French Public Health Code

November 6, 2023

The Chairman of the Board of Directors is appointed for a period of three years, renewable once, by decree issued on the proposal of the Minister for Health. The age limit for the Chairman is sixty-seven. The Chairman has a deputy, appointed under the same conditions from among the members of the Board of Directors. Should the Chairman or his alternate be permanently unable to carry out his duties, a…

Article R1142-43 of the French Public Health Code

November 6, 2023

In addition to the Chairman, the Board of Directors comprises: 1° Eleven members representing the State: a) Four representatives of the ministers responsible for health and social action; b) One representative of the minister responsible for social security; c) One representative of the minister responsible for the budget; d) Two representatives of the minister responsible for the economy and finance; e) One representative of the minister responsible for justice; f)…

Article R1142-44 of the French Public Health Code

November 6, 2023

The duties of a full or alternate member of the Board of Directors are performed free of charge. Notwithstanding the previous paragraph, the Chairman of the Board of Directors and, where applicable, his alternate are entitled to an expense allowance which is not subject to civil retirement pension deductions; the amount of these allowances is set by order of the ministers responsible for the budget and health. The duties of…

Article R1142-45 of the French Public Health Code

November 6, 2023

The Board of Directors meets at least three times a year when convened by its Chairman. The Board is convened automatically when requested to do so by the Minister for Health or by at least one third of the Board members. The Chairman shall set the agenda, which must include items that have been requested by the Minister for Health or by at least one third of the Board’s members….

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French Public Health Code

Article R1142-38 of the French Public Health Code

Article R1142-39 of the French Public Health Code

Article R1142-40 of the French Public Health Code

Article R1142-41 of the French Public Health Code

Article R1142-41-1 of the French Public Health Code

Article R1142-41-2 of the French Public Health Code

Article R1142-42 of the French Public Health Code

Article R1142-43 of the French Public Health Code

Article R1142-44 of the French Public Health Code

Article R1142-45 of the French Public Health Code

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French Public Health Code

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