Key Benefits:
The Prime Minister,
On the report of the Minister of Health and solidarities,
Given the Public Health Code, including articles L. 4133-1 to L. 4133-7 and L. 6155-1 to L. 6155-6;
Seen the Safety Code Social;
Due to Act No. 2000-321 of April 12 2000;
The Conseil d' Etat (social section) heard,
Describes:
"Section 3
" Regional Medical Education Regional Councils
"Subsection 1
" Regional Advice Missions
" Art. R. 4133-15. -Each training followed shall result in the issuance of a certificate to the practitioner by the accredited training organization who keeps a copy for five years.
" Art. R. 4133-16. -Every five years, the practitioner files with the regional council of continuing medical education for which he or she depends on his or her main activity, his file containing the evidence of the training followed. The file may be filed electronically. The Regional Council shall, in the light of the file, verify compliance with the obligation of continuous training under the conditions laid down in Article L. 4133-1 of the Public Health
. The Regional Medical Education Council shall continue to respect the obligation of continuing education by issuing to the practitioner an attestation and shall inform the Regional Council of the order on which the practitioner is dependent on the basis of his or her activity Primary.
" If, at the end of these five years, the practitioner has not sent his or her file to the Regional Medical Training Board, the Regional Medical Training Board will continue to provide all supporting documents. In the event of a failure to produce the requested evidence within six months, the Regional Medical Education Council shall continue to inform the Regional Council of the order on which the practitioner is dependent on the principal activity.
" Where, in the light of the dossier submitted, the Regional Medical Education Council continues to consider that the practitioner has not complied with its continuing training obligation, it shall, in conjunction with the latter, adopt a plan to compensate for the delay in training In the follow-up of training eligible for continuing medical education.
" In the event of a refusal by the practitioner to commit to the implementation of the plan, the Regional Medical Education Council shall continue to inform the Regional Council of the order on which the practitioner depends on his or her main
. Art. R. 4133-17. -Each year, before 15 February, the Regional Council shall submit a report on its activity during the previous calendar year to the regional prefect and to the national councils, in particular on:
1 ° The regional orientations and their changes;
" 2 ° The balance sheet of validation certificates and refusals to issue;
" 3 ° A review of compliance with the obligation of continuing medical education;
" 4 ° If applicable, system evolution proposals.
"Subsection 2
" Composition of Regional Councils
" Art. R. 4133-18. -The Regional Council for Continuing Medical Education provided for in Article L. 4133-4 shall be composed of 12 members appointed by the regional prefect
Regional council includes:
" 1 ° Three members appointed by the National Council for Continuing Medical Education of Liberal Physicians;
" 2 ° Three members appointed by the National Council for Continuing Education of Non-Hospital salaried Doctors;
" 3 ° Three members appointed by the National Council for the continuous training of staff referred to in Article L. 6155-1;
" 4 ° Three members appointed by the Regional Medical Officer Council.
" Members are appointed for a term of five years, renewable once.
" The duties of members of the regional board of continuing medical education are incompatible with the duties of a member of a disciplinary chamber within the order of
. The members of the regional councils must prepare a declaration of interest in accordance with a model established by the Minister responsible for health, taken after the advice of the national council. They undertake to declare any changes in their situation. Statements of interest are retained by the Regional Councils for a period of five years after the end of their term of office. They are made available to the Minister responsible for health on their request.
"Subsection 3
" Organization and operation of regional councils
" Art. R. 4133-19. -The designations of the members of the Regional Council shall be published in the compendium of administrative acts of the departments of the region
If a member of the Regional Council ceases to hold office before the normal term of his or her term of office, regardless of the cause, his replacement shall be carried out under the same conditions as the appointment and for the remainder of the term of
. Where a duly convened member has failed for six months to attend the meetings of the Regional Council, the President may request the National Council concerned to declare him ex officio and to provide for his replacement. The same applies to repeated and unjustified failure to participate in the work of the board.
" Art. R. 4133-20. -The regional prefect shall convene the Regional Council for the first meeting of which he shall fix the
. The Regional Council shall elect the President and the Vice-Chairperson. If the president is absent, the vice president superseded him in his duties.
" The Regional Council shall meet on convocation by the President, who shall fix the
. The Regional Council shall sit validly if at least half of its members are present or represented by proxy. A member present may not hold more than one power of attorney. Quorum is appreciated at the beginning of the session.
" When the quorum is not present, the Regional Council shall deliberate on the items on the agenda of the first meeting at a second meeting, which shall take place within 15 days
Decisions shall be taken by a majority of the votes of the members present or represented. If the votes are equally divided, the President shall have a casting vote.
" The members of the Regional Council may not sit when the Regional Council decides on compliance with the obligation to train them or a doctor with whom they have links, interests or relations which may jeopardise their Independence.
" The Regional Council shall adopt its rules of procedure on the basis of a standard document drawn up by the Coordination
. With the agreement of the President, persons external to the Regional Council may participate in its work with a consultative vote. "
IV. -1 ° Section 4 is renumbered as section 5.
2 ° Inserted a section 4 as follows:
"Section 4
" Common provisions
" Art. R. 4133-21. -The functions of the members of the national and regional councils for continuing medical education and of the coordinating committee for continuing medical education shall be performed free of
. Members of these bodies receive lump-sum payments to compensate for the loss of professional resources brought about by their functions within the bodies. The functions giving rise to compensation and the amount of the flat-rate allowances shall be determined by order of the Minister responsible for health and the minister responsible for the budget. This amount may not exceed a total equal, by half day, to ten times the value of the consultation of the general practitioner as a result of the application of Articles L. 162-5 or L. 162-38 of the Social Security
. Employers of the employees of the same bodies may, at their request, obtain the direct reimbursement, within the limits set by the order of the Minister responsible for health and the minister responsible for the budget, of the remuneration maintained in the Practitioners to enable them to participate in the work of the councils during their working time, as well as the associated benefits and expenses. The conditions for repayment are laid down by convention. This Convention shall be in conformity with a model convention, the model of which shall be fixed by order of the Minister responsible for health and the minister responsible for the budget
Art. R. 4133-22. -The travel expenses of the members of the national and regional councils and of the coordinating committee shall be reimbursed under the conditions laid down in the rules applicable to officials of the
. Art. R. 4133-23. -The order of the doctors may, by way of a convention with the State, be responsible for the material management at national and regional level of the functioning of the national and regional councils for continuing medical education, as well as the The Coordinating Committee for Continuing Medical Education and the indemnification of their members pursuant to R. 4133-21 and R. 4133-22. "
National advice on continuing medical education may, for examination of applications for accreditation, be submitted by training organizations Within five months of the publication of this Decree, include external rapporteurs selected on a list drawn up by order of the Minister responsible for health and who are not deliberative
Sessional allowances the amount of which is fixed by order of the Minister responsible for health and the minister responsible for the budget.
For the purposes of the provisions of this Decree, the first maximum period of five years referred to in Article R. 4133-16 of the Public Health Code, for practitioners already in practice on that date, From the date of the installation of the Regional Council Continuing medical education for which they are dependent on their main activity and, for practitioners beginning their activity at a later date, from the start date of their activity.
Training practitioners Before the date of the installation of the regional council on which they depend may, from that same date, file their file with the Regional Council for the validation of their continuing training obligation in respect of the first period of Five years.
The Minister of Defence, the Minister of Economy, Finance and Industry, the Minister for National Education, Higher Education and Research, Minister of Health and Solidarity and Minister responsible for the budget and the reform of the State, a spokesman for the Government, shall each have responsibility for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done in Paris, June 2, 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Health and Solidarity,
Xavier Bertrand
The Minister of Defence,
Michèle Alliot-Marie
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of National Education,
of higher education
and research,
Gilles de Robien
The minister delegated to the
budget and the reform of Government,
Government Spokesperson,
Jean-François Copied