Key Benefits:
Minister of Health and Social Welfare,
Considering the Public Health Code;
Having regard to amended Decree No. 84-131 of 24 February 1984 on the status of hospital practitioners;
In light of the amended Decree No. 90-347 of 28 May 1990 setting out the new provisions relating to the conditions and procedures for the payment of costs incurred by the civil personnel of the State in the metropolitan territory of France when they are responsible for the budgets of the State, national administrative public institutions and certain subsidized bodies, including Article 3 thereof,
Stop it!
Except as provided for in the third paragraph of Article R. 714-21-17 of the above-mentioned Public Health Code, elections to the competent national commission for appointments as Chief of Service or Department of Psychiatry shall be held no later than four months and no later than one month before the expiration date of the term of office of its members in office.
The date of these elections is fixed by order of the Minister for Health.
Be electors under the national commission referred to in section R. 714-21-16 of the Public Health Code hospital psychiatrists, hospital practitioners appointed on a permanent basis. Electors must be in a position of activity or detachment on the final closing date of the list of electors.
The list of electors is stopped by the Minister for Health.
It shall be posted at least two months before the voting date:
- in the premises of the management of hospitalization and the organization of care, for all electors;
- in the premises of each regional directorate of health and social affairs, for the electors of the region;
- in the premises of the Directorate of Solidarity and Health of Corsica and South Corsica, for the electors of Corsica and South Corsica;
- in the premises of the branches of health and social development of Guadeloupe, Guyana and Martinique for the electors of these three overseas departments;
- in the premises of the Regional Directorate for Health and Social Affairs of the Meeting, for the electors of the Meeting;
- in the premises of the Regional Directorate for Health and Social Affairs of Brittany and in the premises of the Directorate of Health and Social Affairs of the Territorial Community of Saint-Pierre-et-Miquelon, for the electors of the territorial community of Saint-Pierre-et-Miquelon;
- in the premises of the Regional Directorate for Health and Social Affairs of the Meeting and in the premises of the Departmental Directorate for Health and Social Affairs of the Territorial Community of Mayotte, for the electors of the territorial community of Mayotte.
Claims for voter registrations must be filed within a period of fourteen current francs days from the list of electors to the direction of hospitalization and care organization.
At the end of this first period, the list is completed and posted: claims for new registrations must be made within seven free days from the date of the second post. Upon expiry of the latter period, the lists of electors are definitively closed.
Claims must be addressed to the Minister of Health (Director of Hospitalization and Care Organization).
The competent national commission for appointments as chief of service or department of psychiatry shall be eligible for appointment to the psychiatrists of hospitals appointed on a permanent basis and shall be eligible for registration on the list of electors of that commission.
However, practitioners may not be elected on long-term leave or on parental leave or on disciplinary action. Nomination conditions are appreciated on the final closing date of the list of electors.
Cease of full right to belong to the commission:
- the practitioner placed in a position of availability;
- the practitioner admitted to long-term leave;
- the practitioner admitted to parental leave;
- the practitioner coming to lose the quality for which he was designated;
- the practitioner being disciplined.
It is then provided for its replacement under the conditions established by section R. 714-21-17 of the Public Health Code.
Each list of candidates includes as many names as incumbents and alternates to fill.
The lists must be filed at least one month before the date fixed for the elections and be named as a qualified practitioner to represent them in all electoral operations.
The filing of each list must also be accompanied by a declaration of application signed by each candidate including the names, names, quality and assignment of the individual.
No list may be filed or amended after the deadline for the previous article.
If, after that date, one or more candidates are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
However, if the fact of ineligibility occurred after the deadline for the filing of the list, the failed candidate may be replaced without a mandatory change to the date of the ballot.
No withdrawal of applications may be effected after the deadline for filing the lists.
The vote takes place exclusively by correspondence.
The organization of electoral operations is provided by the Regional Director of Health and Social Affairs.
However, they are competent:
- the Director of Solidarity and Health of Corsica and South Corsica;
- the directors of health and social development of Guadeloupe, Guyana and Martinique for Guadeloupe, Guyana and Martinique;
- the Regional Director of Health and Social Affairs of the Meeting for the Meeting;
- the Regional Director of Health and Social Affairs of Brittany for the territorial community of Saint-Pierre-et-Miquelon;
- the Regional Director of Health and Social Affairs of the Mayotte Territorial Community Meeting.
It is established at the headquarters of each regional health and social affairs branch and each competent authority a regional polling station and with the Minister for Health a national voting office.
The ballots and envelopes are transmitted to the electors by the responsible authorities mentioned above at least eight days before the date fixed for the ballot. However, by derogation, the vote of detachment practitioners, including university hospital practitioners, is directly taken over by the national voting office.
The elector must place his ballot in a closed envelope containing no distinguishing sign. This envelope is placed in a second envelope that should mention the name and names of the elector, the posting hospital and the section under which the vote is issued.
The elector must send his or her vote to the regional polling station or, with respect to seconded practitioners and university hospital practitioners, to the national polling station no later than polling day.
Electors may not strip names on the lists, nor do they cross the lists.
The regional polling stations are composed of a president and two assessors appointed by the prefect of the region among the staff under his authority.
However, they are competent:
- the prefect of Martinique, to designate the president and assessors of the polling station for Martinique;
- the prefect of Guadeloupe, to designate the president and assessors of the polling station for Guadeloupe;
- the prefect of Guyana, to designate the president and assessors of the polling station for Guyana;
- the prefect of the Meeting, to designate the president and assessors of the polling station for the Meeting;
- the prefect of Corsica, prefect of Southern Corsica, to designate the president and assessors of the polling station for Corsica and South Corsica.
They shall meet at the due diligence of the prefect of the region at least eight days and not more than fifteen days after the date of the election and shall, in the presence of the delegates of the lists, proceed with the counting of the ballot.
At the end of this stripping, they determine:
- the total number of electors;
- the number of voters;
- the number of valid votes cast;
- the number of votes obtained by each list.
A record of electoral operations is prepared by the polling station and immediately transmitted to the national voting office.
The national polling station is composed of a president and two assessors appointed by the Minister of Health among the persons under his authority, as well as delegates designated for each list pursuant to the provisions of section 6.
The National Voting Office shall meet at the diligence of the Director of Hospitalization and Care Organization upon receipt of the regional results and no later than twenty-five days after the date of the poll.
It initially proceeds with the counting of votes expressed by detachment practitioners and university hospital practitioners.
The President then determines and proclaims the final results by calculating:
- the total number of electors;
- the total number of voters;
- the total number of votes cast;
- the total number of votes obtained by each list;
- the electoral quota.
The electoral quota is obtained by dividing the total number of valid votes cast by the number of incumbent representatives to elect.
The designation of the incumbent members shall be made in the order of presentation of the lists, under the conditions set out below.
Each list is entitled to as many incumbent representatives as the number of votes won by it contains the electoral quota.
The seats of any incumbents remaining to be filled are allocated according to the highest average rule.
In the event that two lists have the same average and where only one seat remains to be filled, the said seat is assigned to the list that won the largest number of votes. If these two lists have obtained the same number of votes, the oldest candidate is declared elected.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list.
Applicants are designated as alternate representatives in the order of presentation of the lists.
When one sees the non-constitution of a list, one draws lots among eligible practitioners.
The draw is carried out by the Director of Hospitalization and Care Organization or his representative. Five representatives of electors can attend.
The President of the National Voting Office shall prepare a record of the final electoral transactions and shall transmit it immediately to the Minister of Health, who shall issue the results, the following shall be shown:
- in the premises of the management of hospitalization and organization of care;
- at the headquarters of the regional branches of health and social affairs;
- in the premises of the direction of solidarity and health of Corsica and South Corsica for Corsica and South Corsica;
- in the premises of the branches of health and social development for the regions Guadeloupe, Guyana and Martinique;
- in the premises of the Regional Directorate for Health and Social Affairs of the Meeting for the Region;
- in the premises of the Directorate of Health and Social Affairs of the Territorial Community of Saint-Pierre-et-Miquelon;
- in the premises of the Departmental Directorate of Health and Social Affairs of the territorial community of Mayotte.
Challenges on the validity of electoral operations are brought before the Minister for Health within six frank days of the proclamation of the results.
The Order of the Minister for Health appointing the members of the national commission competent for appointment as chief of service or department of psychiatry is published in the Official Bulletin of the Ministry of Health: the Order sets the effective date of the mandate of the members of the commission.
Representatives of the administration, holders or alternates referred to in 2° of section R. 714-21-16 of the Public Health Code coming during their term of office to cease the functions for which they were appointed, or who, as a result of long-term leave or position of availability, no longer meet the conditions required by this order to serve on the commission, are replaced under the conditions identical to that of their appointment for the duration of the appointment.
The committee meets on the convocation of the Minister for Health.
When a member is unable to sit, he is replaced in the order of presentation by an alternate elected on the same list as the member.
The Commission's secretariat is provided by the management of hospitalization and care organization.
The members of the commission and the staff who provide the secretariat are subject to professional secrecy as defined in Article 226-13 of the Criminal Code for all the facts and documents they are aware of in their capacity.
Holding or alternate members whose file is submitted to the Commission's opinion may not participate in the deliberations on all items of the agenda that concern them.
Communication must be given to the members of the commission of all documents and documents necessary for the fulfilment of their mission.
The Commission shall only deliberate validly if at least half of the members plus the Chairperson or his alternate are present.
The Commission shall issue its views to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. However, at the request of one of the members of the committee, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given.
The Chairperson may designate the rapporteur within or outside the commission; designated rapporteurs do not have a deliberative voice when chosen outside the commission.
Members of the commission do not receive any compensation as a result of their duties. Travel and residence expenses are awarded to them under the conditions set out in Decree No. 90-347 of 28 May 1990 as amended.
The decision of 22 January 1993 on the modalities for the organization of elections, the designation of members and the functioning of the competent national commission for appointments as chief of service or department of psychiatry is repealed.
The Director of Hospitalization and Care Organization at the Ministry of Health and Social Welfare is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 24, 2004.
For the Minister and by delegation:
The Director of Hospitalization
and the organization of care,
E. Couty
