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Decree No. 2006-650 2 June 2006 Continuing Medical Education And Amending The Fourth Part Of The Code Of Public Health (Regulations)

Original Language Title: Décret n° 2006-650 du 2 juin 2006 relatif à la formation médicale continue et modifiant la quatrième partie du code de la santé publique (dispositions réglementaires)

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  • ACT No. 2004-806 of August 9, 2004 Public health (1)
  • Keywords

    HEALTH, PUBLIC HEALTH , CODE DE LA SANTE PUBLIQUE, ETABLISSEMENT DE SANTE, PROFESSIONAL DE SANTE, PRACTITIONER, FORMATION MEDICALE ONGOING, ORGANISATION, NATIONAL COUNCIL FOR CONTINUING MEDICAL EDUCATION, REGIONAL COUNCIL FOR CONTINUING MEDICAL EDUCATION, TRAINING ORGANISATION, LIST, TRAINING OBLIGATION, COMPETENT AUTHORITY



    JORF No. 128 of June 3, 2006 page 8438
    text #29




    Order No. 2006-650 of June 2, 2006, on Continuing Medical Education and Amending the Part IV of the Public Health Code (Regulations)

    NOR: SANP0620810D ELI: https://www.legifrance.gouv.fr/eli/decret/2006/6/2/SANP0620810D/jo/texte
    Alias: https://www.legifrance.gouv.fr/eli/decret/2006/6/2/2006-650/jo/texte


    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:

    Item 1
    Sections 1 to 3 of Chapter III of Title III of Book I of Part IV of the Code of Public Health are amended as follows:
    I.-1 ° Section R. 4133-1 is amended as follows:
    (a) In the first paragraph, the words: " National Council for the Continuing Education of Doctors and Biologists, odontologists and Pharmacists in Public Health Institutions and Private Health Facilities Participating in the Public Hospital Service " Are replaced by the words: " National Council for the Continuing Education of Personnel referred to in Article L. 6155-1 ".
    (b) In the same subparagraph, after the words:" Priority training themes " Are inserted the words: " Taking into account the objectives of public health policy and the action plans referred to in Article L. 1411-2 and the health programmes referred to in Article L. 1411-6 ".
    2 ° Article R. 4133-2 is thus amended:
    (a) 2 °, 3 °, 4 ° and 5 ° become the 3 °, 4 °, 5 ° and 6 °;
    b) After 1 °, it is inserted a 2 ° reading: " 2 ° compliance with the benchmarks and good practice of the profession in all the topics covered " ;
    (c) The following paragraph is added: " The silence kept by the national councils for a period of four months from the receipt of the complete dossier of the application for authorisation shall be deemed to be a decision rejecting the application. "
    3 ° Article R. 4133-6 is replaced by the following:
    " Art. R. 4133-6. -Pursuant to Articles L. 4133-2 and L. 6155-1, the evaluation of the implementation of the continuing training scheme provided for in Article R. 4133-1 shall be the subject of an annual report
    : 1 ° National guidelines and their changes;
    " 2 ° A record of continuous training carried out during the year;
    " 3 ° A synthesis of the regional annual reports referred to in Article R. 4133-17;
    " 4 ° Where applicable, proposals for system evolution.
    " This report shall be sent to the Minister responsible for health by May 15 of the year following the year of the report. "
    4 ° Section R. 4133-12 becomes R. 4133-7;
    5 ° Section R. 4133-13 is renumbered as R. 4133-8, with a 6 ° added as follows:
    " 6 ° A representative of the health service of the armed forces, on the proposal of the Minister responsible for defence. "
    6 ° Article R. 4133-14 becomes Article R. 4133-9 and is thus amended:
    (a) In the first paragraph, the words:" National Council of Continuing Medical Education of physicians, biologists, odontologists and pharmacists practising in public health institutions and in private health facilities participating in the public hospital service " Are replaced by the words: " National Council for the Continuing Medical Education of the Staff referred to in Article L. 6155-1 ".
    (b) It shall be inserted a 7 ° thus written:
    " 7 ° A representative of the health service of the armed forces, on the proposal of the Minister responsible for defence. "
    7 ° Article R. 4133-10 is replaced by the following:
    " Art. R. 4133-10. -The mandate of the board members is renewable once.
    " If a member of one of the national councils ceases to hold office before the normal term of his term of office, whatever the cause, his replacement shall be carried out under the same conditions as the appointment and for the duration of the remainder of the term of
    . When a duly convened member has failed for six months to attend the meetings of the National Council, the President may request the Minister responsible for health 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.
    " The members of the national 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 councils. They undertake to declare any changes in their situation. Statements of interest are retained by the national councils for five years after the end of the term of office of the interested parties. They shall be made available to the Minister responsible for health on his or her request. "
    8 ° Article R. 4133-11 is replaced by the following:
    " Art. R. 4133-11. -The Minister of Health shall convene the national councils for their first meeting, which shall be the order of the day
    The councils elect three vice-presidents, who together with the president make up the office. If the President is absent, he shall designate his alternate as Vice-Presidents.
    " Each national council shall meet on convocation by the President, who shall fix the
    . The National 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. The quorum is assessed at the beginning of the sitting. When the quorum is not reached, the National 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 each national council may not sit when the latter is required to vote on the accreditation of bodies referred to in Article R. 4133-2 and with whom, by themselves or by person, they have links or interests To influence their judgment.
    " Each national council shall adopt its own rules of procedure. These regulations are forwarded to the Coordinating Committee for Continuing Medical Education.
    " With the agreement of the President, persons external to each national council may participate in its work with a consultative vote. "
    II. -1 ° Article R. 4133-19 becomes Article R. 4133-12.
    2 ° Article R. 4133-20 becomes R. 4133-13 to which is added a 5 ° thus written:
    " 5 ° A representative of the Minister responsible for higher education. "
    3 ° Section R. 4133-21 becomes R. 4133-14.
    III. -Section 3 is replaced by the following:


    "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. "

    Item 2 Learn more about this Article ...


    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.

    Article 3 Learn more about this Article ...


    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.

    Article 4 Read more about this article ...


    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


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