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 a period of three years. It is renewable once.
In the performance of these duties, they are not subject to the hierarchical authority of the Chairman of the Board of Directors or the Director of the Office. They are graded by the Chairman of the National Medical Accidents Commission.
The same magistrate may chair several commissions as chairman or deputy chairman.
The members of the commissions other than the chairman and his deputy or deputies are appointed by order of the director general of the regional health agency. The members of the inter-regional commissions are appointed by order of the Director General of the Regional Health Agency within whose jurisdiction the commission has its registered office, after receiving the assent of the Directors General of the other Regional Health Agencies concerned. The order is published in the Recueil des actes administratifs of the region(s) concerned.