Advanced Search

Decree Of 19 October 2007 Approving The Rules Of Procedure Of The High Council Of The Public Health

Original Language Title: Arrêté du 19 octobre 2007 portant approbation du règlement intérieur du Haut Conseil de la santé publique

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF No. 253 of 31 October 2007 page 17923
text No. 47



Order of 19 October 2007 approving the rules of procedure of the High Council for Public Health

NOR: SJSP0768883A ELI: https://www.legifrance.gouv.fr/eli/arrete/2007/10/19/SJSP0768883A/jo/texte


Minister of Health, Youth and Sports,
Given the Public Health Code, including articles L. 1411-4, L. 1411-5 and R. 1411-55,
Stop it!

Article 1


The rules of procedure of the High Council for Public Health, which are annexed, are approved.

Article 2


The Director General of Health is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Annex



A N N E X E
THE INSTANCES OF THE HIGH PUBLIC HEALTH COUNCIL -
DEIGNATION, ELECTION, COMPOSITION
1. Proposal procedure to the Minister of Members
(qualified persons)


(a) Members of the High Council for Public Health and Standing Technical Committees are selected after public call for nominations and selected as follows;
(b) The competence of HCSP experts is established after consideration of their files by a selection committee convened by the Director General of Health;
(c) The competence of the experts of the CTP is established after consideration of their file by a selection committee convened by the HCSP Chair;
(d) Individuals whose competence has been recognized and who have been chosen to be members of the HCSP or the CTPs sit in their own name and therefore cannot be replaced;
(e) The list is proposed to the Minister of Health.


2. Election of HCSP Chair and Vice-Chair


The election shall comply with the provisions of Article R. 1411-50 of the Public Health Code and shall follow the following procedure:
(a) Candidates must express their willingness to access the position of President or Vice-President by letter of motivation addressed to the Director General of Health who distributes them to all members prior to or at the beginning of the voting session;
(b) The vote is made on a secret ballot;
(c) The election of the President and that of the Vice-President shall be the subject of separate votes;
(d) Power of attorney may be given by members who are absent at a present of their choice. No one can be a beneficiary of more than one proxy.
At the end of the vote, the names of the President and Vice-President are made public by press release and on the HCSP website.


3. Vice-Chair of the specialized commissions,
election of chairpersons and vice-presidents


(a) Each specialised commission shall have at least one vice-president, elected from among the personalities qualified by members with a deliberative vote. The Vice-Chairperson pleaded with the Chair in his absence and as such represented him in the College with a deliberative vote. If a commission is appointed by several Vice-Chairpersons, particularly as a result of the existence of several sections, the Chair shall designate a first Vice-Chairperson who shall supple it. In the presence of the Chair and subject to its agreement, the Vice-Chairperson or Vice-Chairpersons may attend meetings of the College without a deliberate vote;
(b) Candidates must express their willingness to access the position of president or vice-president by letter of motivation addressed to the HCSP President who distributes them to all members of the commission before the voting session or at the beginning of the voting session;
(c) The election of the President and of the Vice-President shall be by hand, unless a secret ballot vote is requested by a member with a deliberative vote. Each is the subject of a separate vote;
(d) The proxys follow the same rules as for the HCSP presidency.


4. Proposal procedure to the Minister for creation
and Membership of Standing Technical Committees


(a) The creation of a permanent technical committee is proposed according to criteria established by the (or) CS of attachment. This creation is validated by the college;
(b) The composition of the Standing Technical Committee is proposed by the (or CS) linking. The CS Chair(s) initiates a call for applications and conducts a review and classification of the files by a selection committee chaired by the HCSP Chair;
(c) In accordance with the provisions of section R. 1411-46 of the Public Health Code, the creation and composition text and the appointment list of members from this selection are proposed to the Minister.


5. Election of CTP Chairs


It follows the same rules as those of the election of the HCSP Specialized Commission Chair.
The chairpersons of the CTP shall, without a deliberate vote, attend the sessions of the special committee to which they are attached.


HIGH COMMISSIONER ' S INSTANCES
PUBLIC HEALTH. - FUNCTIONING PRINCIPLES
6. Independence


(a) Members of the High Council for Public Health (collège et commissions spécialisées), as well as members of the CTPs, make a statement on the occasion of their appointment to the President of the High Council for Public Health stating their direct or indirect links with companies, institutions or organizations whose files may be submitted to HCSP, as well as with advisory bodies involved in these sectors. This statement is updated to their initiative as soon as an amendment occurs (CSP 1421-3-1). These statements are made public on the HCSP website in a simplified form. In the absence of a statement, members cannot sit.
On the occasion of his appointment, the President of the High Council of Public Health made the statement described in the preceding paragraph to the Director General of Health;
(b) The members of the temporary working groups complete a statement of interest for the duration of their collaboration. It is made public under the same conditions;
(c) The ad hoc hearings declare at the beginning of the hearing their interests in the context of the subject matter;
(d) In addition, the above-mentioned members may not receive benefits in kind or in cash in any form from the companies, institutions or organizations referred to in 6 a (art. L. 1421-3-2 of the CSP);
(e) Members of the HCSP and permanent technical committees that have links with companies, institutions or organizations referred to in 6 are required to make them known to the public when they speak on behalf of the HCSP in a public event, in the written or audiovisual press (art. L. 1421-3-2 of the CSP);
(f) The HCSP Chair and Vice-Chair, the Chairs and Vice-Chairs of the Specialized Commissions and the General Secretariat are responsible for the principles of independence. The General Secretariat maintains public statements of interest;
(g) If a conflict of interest concerns the president, the vice-president begged him. If it concerns the president and vice-president or rapporteur of a file, the latter cannot exercise their functions. In this case, the members of the group shall designate an ad hoc chair or a new rapporteur shall be appointed by the chair;
(h) Members, who are asked outside the HCSP framework, may, if they wish, mention their membership in the High Council's proceedings. They must in no case leave to think that they represent these proceedings or express the opinion of them;
(i) Members may not participate in the proceedings or votes if they have a direct or indirect interest in the matter under section L. 1421-3-1 of the Public Health Code.


7. Confidentiality


(a) Members shall be held incommunicado and at the professional discretion under the same conditions as those defined in Article 26 of Title I of the General Status of Public Servants;
(b) In the meeting records and in the formulation of opinions of HCSP or specialized commissions, it is ensured that the information covered by secrecy, particularly industrial, is kept confidential.


8. Transparency


(a) The meetings of the College, specialized commissions, standing technical committees and temporary working groups are not public;
(b) The HCSP President makes public the reports and opinions adopted within one month of their transmission to the public authorities by any means at their convenience and in particular by making them available on the HCSP website;
(c) On the HCSP website are also published: the list of members with their shortened CVs and their simplified statements of interest, the schedule of meetings (collège, specialized commissions, CTP), the agendas of past meetings, the list of referrals and the list of working groups established.


9. Emergency situations


(a) An urgent referral transmitted directly to a specialized commission is dealt with under the responsibility of its president. The latter informs the college;
(b) The receiving president of the referral puts in place, in connection with the health agencies if they are concerned, the working arrangements of the college, the specialized commission, the section concerned or a temporary working group as necessary. In the latter case, the recipient president of the referral appoints a chair of the group that conducts the work. This group, composed of HCSP members, can join external personalities if necessary;
(c) When the urgency does not allow the group's physical meeting to respond to the referral, the group's chair ensures the discussion and development of the notice by telephone conference or videoconference;
(d) In these emergencies, when the debate has taken place and/or the notice has been prepared, the specialized commission concerned (or the college) may use an e-mail consultation. Members are then invited to complete the newsletter sent to them within a specified time frame. Notices of a nominative nature are excluded from this consultation;
(e) Any notice rendered without physical meeting and after consultation by e-mail shall be placed on the agenda of the next session of the Commission concerned.


10. Voting rules


The votes are governed by the provisions of Article R. 1411-53 of the Public Health Code.
In the event that a session was concluded by a notice voted by the college or a specialized commission, but whose final drafting is formalized after the meeting, a final agreement on the text can be given after consultation by e-mail.


ORGANISATION DES TRAVAUX DU COLLÈGE


The work of the college follows the provisions of section R. 1411-55 of the Public Health Code.


11. Frequency


(a) The college meets at least six times a year, at the convocation of its president;
(b) At each meeting of the College, the chairs of the specialized commissions report on the work of their commission.


12. Working methods


(a) The Scientific Secretariat, held by the General Secretariat, prepares the agenda of the meetings under the authority of the Chair. He is responsible for the preparation and dissemination of the documents required for the meeting, the follow-up to the meeting and the drafting of the draft summary of the meeting;
(b) Advance documents are restricted to HCSP members only. They are not broadcast to third parties;
(c) The record indicates the persons summoned and the persons present. The starting sheet is archived and available in the file;
(d) The record is intended to reflect on the basis of the reports submitted and the comments made on all of the debated scientific arguments, including minority opinions, for the development of the notice;
(e) The record is placed on the agenda of the next session for approval;
(f) The scientific secretariat ensures the archiving of the files, with all the documents that have led to the opinions, advice and proposals, allowing to reconstitute the conditions of their preparation.


13. Programmed work


(a) Each year, the College develops the HCSP's forwarding lines of work and transmits them to the specialized commissions so that they develop on this basis their work programme that they transmit in return to the President of the High Council of Public Health. The full programme of work is adopted by the College by March 1 of the year under review;
(b) The College is responsible for the smooth running of the annual programme of work;
(c) The five-year report on the analysis of population health problems and the factors likely to influence it is conducted by the college that defines its architecture. The various commissions are asked to contribute to it;
(d) The College prepares an annual HCSP activity report. This is adopted by June 1 of the following year. He's made public.


14. Saisines and self-saisines


Without prejudice to the provisions of the fifth and sixth paragraphs of Article R. 1411-55 of the Public Health Code:
(a) The College defines the admissibility of applications and referrals for the missions and competencies assigned to it by law;
(b) Upon receipt of each referral, the college or the receiving specialized commission shall, with the assistance of the scientific secretariat, review the necessary coordination with the health agencies and, in agreement with the applicant, reformulate it if necessary to ensure an operational response;
(c) The High Council of Public Health may agree on a subject that it considers of interest in its jurisdiction;
(d) Any self-study carried out by a specialized commission or a CTP is subject to the validation of the college.


ORGANIZATION OF WORK
SPECIAL COMMISSIONS
15. Frequency


(a) Each specialized commission meets as many times as necessary to respond to requests and referrals with a minimum of four times a year;
(b) Except as a matter of urgency, the summons, together with the agenda and conference room documents, is addressed to members and the college at least one week before the meeting date.


16. Preparation and monitoring of work


The terms and conditions of work described in Article 12 shall apply.
Each year, the specialized commissions shall prepare their programme of work in accordance with the provisions of Article 13 a of these Regulations.


17. Conduct of meetings


(a) The holding of meetings and the conduct of discussions and deliberations shall be carried out by the chairpersons or, in their absence, by the Vice-Chairs in a common manner defined below;
(b) Each session begins with a review of conflicts of interest that have been previously analysed by the General Secretariat. If a member has a connection with the record in question, the member shall not participate in the vote or in the deliberations as set out in Article 6(i) of these rules. These elements will be included in the summary record;
(c) During the engagement of a new work (or a referral), the work programme prepared by the scientific secretariat is the subject of a consultation in advance with the general health management and health agencies, members of the law, who can take part of the work within the framework of their structure. The work plan, submitted to the commission, is validated by the chair;
(d) In order to prepare the work of the commissions, one or more rapporteurs may be appointed by the President, among the qualified personalities, to carry out the study of a particular file or a general question in order to prepare and present the report in session. If the theme justifies it, the rapporteur may not be a member of the HCSP. This designation is accompanied by a mandate and time limit for the filing of the report;
(e) On the proposal of its president or more than half of its members, a specialized commission may hear any person whose contribution seems to inform its debates; these persons are not present in the deliberations and conclusions on the basis of which the opinion is written;
(f) At the first review of a referral, with a view to clarifying the context that motivated it and to provide the experts with any useful information to the scientific expertise, the authors of the referral can be auditioned.


ORGANIZATION OF WORK
OF TECHNICAL COMMITTEES
18. Organization


(a) The College may propose the creation of a standing technical committee on a proposal or with the agreement of the (or) specialized commission(s) to which it will be attached;
(b) The standing technical committees are subject to the same working and meeting procedures as the specialized commissions. The validation of their work is done by the specialized commission(s) to which (where) they are attached;
(c) The Chair and Vice-Chairs of the Specialized Committee(s) to which (where) the Standing Technical Committees are attached are members without a deliberate vote.


CONSTITUTION OF TEMPORARY WORKING GROUPS,
ORGANIZATION OF THE WORKERS
19. Opportunity


(a) A temporary working group is established to answer a specific question or topic within the framework of HCSP's general activities or on the occasion of a referral;
(b) A temporary working group is established where the issue requires the use of several experts outside the HCSP for the duration of the response development.


20. Composition


(a) A temporary working group is composed at the request of the college or a specialized commission. It is attached to the college or a commission specialized according to the theme. Its president is appointed by the president of HCSP or the specialized commission. The group has at least one member of the HCSP;
(b) The chair of the working group defines its composition, chooses a rapporteur if necessary, and members who are either HCSP or personalities chosen for their competence;
(c) The composition of the group, its duration, the name of its president and the name of its rapporteur, the mandate, the definition of expected production and the deadline for its realization are brought to the attention of the college.


21. Production of the working group


It is the subject of an inscription on the agenda of the specialized commission that proposed it or of the college. When a notice is issued by the group, it is submitted for validation to the specialized commission or college.


PRODUCTIONS, COMMUNICATION
22. Productions


(a) Reports from the specialized commissions, standing technical committees or temporary working groups are signed by those who have produced effective work for their implementation;
(b) Minority notices may be published in the annex to reports if requested by their authors;
(c) The HCSP's opinions and advice issued on the basis of the reports are signed by the HCSP Chair or by the Chairperson of the committee who produced the reports.


23. Communication


(a) Internal communication between members of the High Council for Public Health is facilitated by the creation of a private space on the HCSP-specific website;
(b) The communication on the work of HCSP first passes through the online production on the HCSP-specific website;
(c) The Quarterly Review of Public Health News and Records is the preferred vehicle for HCSP work towards public health professionals;
(d) Each year, the HCSP organizes a scientific day on the occasion of the release of its activity report.


INDEMNISATION
24. Remunerations for work


They are carried out according to the provisions of the Order of June 1, 2007. The quarterly list of recipients that HCSP President must address to the Director General of Health is validated by the College.


25. Mission costs


(a) Members participating in the work of HCSP and the outside experts convened are compensated for their travel and residence expenses under the conditions provided for the civil personnel of the State;
(b) If the High Council requests external members or experts to conduct a mission or inquiry, their travel and residence expenses shall be reimbursed on the same basis.


Done in Paris, October 19, 2007.


For the Minister and by delegation:

The Director General of Health,

D. Houssin


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.53 MB) Download the document in RDF (format: rdf, weight < 1 MB)