Advanced Search

Decree No. 2003-922 26 September 2003 Concerning The Commission Mentioned In Article R 163 - 15 Of The Code Of Social Security And Changing The Security Code Social Second Part: Decrees In Council Of State)

Original Language Title: Décret n° 2003-922 du 26 septembre 2003 relatif à la commission mentionnée à l'article R. 163-15 du code de la sécurité sociale et modifiant le code de la sécurité sociale (deuxième partie : Décrets en Conseil d'Etat)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary


The purpose of this decree is to modify the composition of the commission, called the " transparency committee", provided for in art. R. 163- 4 of the Social Security Code under art. L. 162-17 of the same code and art. L. 5121-3 of the Public Health Code in order to strengthen the place of clinician members, on the one hand by increasing their number and, on the other hand, by removing the deliberative voice from the representatives of the administrations, national health insurance funds and trade union organizations representative of pharmaceutical manufacturers to give them a simple advisory voice. Art. 1 of this decree amends art. R. 163-15 of the Social Security Code (arts. 2 and 4 of Decree 99-554 of 02-07-1999). It defines the composition of the commission and the modalities for appointing members of the commission referred to in art. L. 5123-3 of the Public Health Code. The former transparency commission had 18 incumbent members who all had a deliberative voice. The new commission is composed of 20 deliberative and 6 alternate members who are called to replace the incumbent members in the order of their appointment and who, when they do not replace a incumbent member, may attend the commission with an advisory vote. The number of members chosen as a result of their scientific competence is from 6 to 17. A second post of vice president is created. The orders of doctors and pharmacists are no longer represented. These members are appointed by decree of ministers responsible for health and social security for a period of 3 years renewable twice. Representatives of the administration, national health insurance funds and the pharmaceutical industry have only one advisory voice. These members are the same as those of the previous commission to which the director of hospitalization and care organization joins because of the role of transparency commission on medications consumed in hospital or delivered by hospital pharmacies. The national health insurance fund for employed workers has only one representative. Art. 2 maintains the quorum at 12 and specifies that it appreciates itself among members with a deliberate vote. Art. 3 amends art. R. 163-17 of the Social Security Code (Art. 2 of Decree 99-554) by placing the secretariat of the new commission under the responsibility of a secretary general appointed by order of the Minister for Health and the Minister for Social Security on the proposal of the Director General of the French Health Product Safety Agency.

Keywords

HEALTH , SOCIAL SECURITY , CODE OF THE SOCIAL SECURITY , COMMISSION DE LA TRANSPARENCE , ORGANIZATION , MISSION , FUNCTIONING , COMPOSITION , MANDATE DIDE , MODE DE NOMINATION

JORF n°224 of 27 September 2003 page 16531
text No. 48



Decree No. 2003-922 of 26 September 2003 on the commission referred to in article R. 163-15 of the Social Security Code and amending the Social Security Code (Part Two: Decrees in the Council of State)

NOR: SANS0323580D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/9/26/SANS0323580D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/9/26/2003-922/jo/texte


The Prime Minister,
On the report of the Minister of Health, Family and Persons with Disabilities,
Considering the Social Security Code, including Article L. 162-17;
Considering the public health code, including article L. 5123-3;
Having regard to the advice of the Board of Directors of the National Health Insurance Fund for Employees dated 7 August 2003;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Section R. 163-15 of the Social Security Code is replaced by the following:
"Art. R. 163-15. - The transparency commission includes:
« 1° Twenty members with a deliberative vote, appointed by order of the Minister for Health and the Minister for Social Security for a period of three years renewable twice:
“(a) A president;
“(b) Two Vice-Presidents;
"(c) Seventeen incumbent members selected because of their scientific competence;
« 2° Six alternate members, appointed under the same conditions as the incumbent members, who attend the sessions with an advisory voice and are required, in the order of their appointment, to replace the incumbent members;
« 3° Eight members with an advisory vote:
“(a) Four members of the law:
" - the director of social security, or his representative;
" - the Director General of Health, or his representative;
" - the director of hospitalization and care organization, or his representative;
" - the Director General of the French Health Products Health Safety Agency or his representative.
"Each of them can be accompanied by a person of his services;
“(b) Directors of the National Health Insurance Fund for Employees, the National Health Insurance Fund and the Maternity of Non-Industrial Workers in Non-Agricultural Professions and the Central Fund for Agricultural Social Benefit, or their representative, doctor or pharmacist, whom they designate;
"(c) A representative of trade union organizations representing manufacturers of pharmaceutical products appointed by the Minister of Health and the Minister for Social Security, on the proposal of these manufacturers. »

Article 2 Learn more about this article...


In article I R. 163-16 of the same code, after the words "at least twelve members" are added the words "with a deliberate voice".

Article 3 Learn more about this article...


The second sentence of the first paragraph of article R. 163-17 of the same code is replaced by the following two sentences:
"His secretary general is appointed by order of the Minister for Health and the Minister for Social Security, on the proposal of the director general of this agency and after advice from the chair of the commission. The agency provides the secretariat of the commission. »

Article 4 Learn more about this article...


The Minister of Health, Family and Persons with Disabilities is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, September 26, 2003.


Jean-Pierre Raffarin


By the Prime Minister:


Minister of Health, Family

and persons with disabilities,

Jean-François Mattei

Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, weight < 1 MB)