Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity,
Considering the Public Health Code;
Having regard to Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
Having regard to Act No. 2004-806 of 9 August 2004 on public health policy, including its article 132;
In view of Decree No. 89-271 of 12 April 1989 establishing the conditions and procedures for the settlement of the costs of the movement of civilian personnel within the overseas departments, between the metropolis and these departments and to travel from one overseas department to another;
Having regard to the advisory committee on financial legislation and regulations dated 11 July 2005;
The State Council (Social Section) heard,
Decrete:
Sub-section 1 of chapter II, section IV of Part I of the Public Health Code is amended to read:
I. - The 8th of article R. 1142-46 is as follows:
"Justice and transactions, except those arising from the application of articles L. 1142-3, L. 1142-14, L. 1142-15, L. 1142-17, L. 1142-20, L. 1142-21, L. 3110-4, L. 3111-9, L. 3122-3 and L. 3122-4; »
II. - Section R. 1142-47 is amended as follows:
1° The fifth preambular paragraph reads as follows:
"He is an orderer of income and expenditure, including for the Medical Risk Observatory established pursuant to Article L. 1142-29. »
2° The tenth preambular paragraph reads as follows:
" Subject to the provisions of section R. 1142-46, the Panel determines or, in the cases provided for in sections L. 3111-9 and L. 3122-5, presents the proposed compensation offers to the claimants as well as the amount of the provisions to be paid to them, and shall, where applicable, decide on the legal actions related to compensation referred to in sections L. 1142-15, L. 1142-17, L. 1142-4-21, L. 3110 and L. 31 »
3° In the eleventh paragraph, the words "articles L. 1142-15 and L. 1142-17" are replaced by the words "articles L. 1142-15, L. 1142-17, L. 1142-21, L. 3110-4, L. 3111-9 and L. 3122-4. »
It is inserted in the preliminary chapter of Book I title I of Part 3 of the Public Health Code a first section as follows:
“Section I
"Indemnification of damage resulting from emergency measures
"Art. R. 3110-1. - The claim for compensation for damage referred to in Article L. 3110-4, attributable to an emergency measure taken in the event of a serious health threat, is presented and investigated under the same conditions as those provided for in Articles R. 3111-22 to R. 3111-24, R. 3111-26 to R. 3111-28, in the second paragraph of Article R. 3111-30 and R. 3111-3111
"Art. R. 3110-2. - The compensation commission provided for in Article R. 3111-25 is competent for compensation for the damages referred to in Article R. 3110-1; it may join, with an advisory voice, any other qualified personalities in the areas covered by the claims.
"Art. R. 3110-3. - The commission referred to in section R. 3110-2 provides a reasoned opinion on the existence of a causal link between the harm suffered by the victim and the emergency measure taken in the event of a serious health threat to which he is charged. This notice lists, where appropriate, the various counts of prejudice and determines the extent of it; it also specifies whether, on the date it is returned, the victim's state is consolidated or not.
"The Panel shall forward this notice to the Director of the Office who determines, where appropriate, an offer of compensation, deduction of benefits and allowances of all kinds referred to in section L. 3110-4, to which the victim or the address is benefited or to the victim or his or her beneficiaries. »
Chapter I of Book I of the third part of the Public Health Code (regulatory provisions) establishes a section V to read as follows:
“Section V
“Reparation of damage caused
compulsory vaccination
"Art. R. 3111-22. - The application for compensation for damage considered to be attributable to compulsory vaccination is addressed to the National Office for Medical Accident Compensation, Iiatrogen Diseases and Nosocomial Infections referred to in Article L. 1142-22, by registered letter with request for notice of receipt, or filed with the secretariat of the Office against receipt.
"It is accompanied by a record of the mandatory nature of vaccination, taking into account, where appropriate, the professional activity of the victim, the execution of injections and the nature of the damage attributed to vaccination.
"The Office acknowledges receipt of the file and, if applicable, requests the missing documents.
"Art. R. 3111-23. - The Office's silence for a period of six months from the date of receipt of the complete file is denied.
"Art. R. 3111-24. - In order to assess the importance of damage and to determine their imputability, the Director of the Office conducts an expertise, under the conditions of Article L. 1142-12.
The applicant is informed of the identity and title of the expert(s); he is also informed, at his request, of the evolution of the procedure.
"Art. R. 3111-25. - The Compensation Commission referred to in section L. 3111-9 is chaired by the President of the Board of Directors of the Office. In addition to her president, she understands:
1° A member of the Council of State, active or honorary, Vice-President;
2° The Director General of Health or his representative;
3° The Director General of the French Health Products Safety Agency or his representative;
4° The President of the High Council of Public Health referred to in Article L. 1416-4 or his representative;
5° Three doctors, including one competent in the field of bodily harm repair, and the other two, each in a different clinical discipline concerned by the adverse events associated with vaccinations.
The members mentioned in 1° and 5° are appointed for five years by order of the Minister for Health. In the event of a vacancy, a replacement shall be appointed under the same conditions as his predecessor for the remaining term of office.
Members of the commission are subject to the provisions of Article L. 1421-3-1.
The Commission's secretariat is provided by the Office.
"Art. R. 3111-26. - The president and members of the commission may claim reimbursement of travel expenses that they are likely to undertake in the course of the exercise of their duties under the conditions provided for in the regulations applicable to State officials.
"Art. R. 3111-27. - The commission meets on the convocation of its president or vice-president, who sets the agenda.
"It can only deliberate if at least half of the members in office are present, not including the President and, in his absence, the Vice-Chair. Otherwise, a new session is held, without a quorum requirement, after a fifteen-day period.
"The Commission's opinions are adopted by a majority of the members present. In the event of equal sharing of votes, that of the President or, in the event of absence, the Vice-President shall prevail.
"Art. R. 3111-28. - The commission may proceed to the hearing of any practitioner likely to allow it to clarify its opinion. The applicant may also be heard, at his or her request or at the request of the commission; he may be assisted or represented by a person of his choice.
"Art. R. 3111-29. - The commission gives a reasoned opinion on the existence of a causal link between the harm suffered by the victim and the medical act to which it is charged. This notice lists, where appropriate, the various counts of prejudice and determines the extent of it; it also specifies whether, on the date it is returned, the victim's state is consolidated or not. This notice includes an offer of compensation in accordance with the conditions set out in section L. 3111-9.
"Art. R. 3111-30. - The commission shall forthwith transmit this notice to the Director of the Office who shall, if any, present the offer of compensation to the victim or his or her beneficiaries by registered letter with a request for notice of receipt.
"The victim or his or her eligible persons shall notify the Office by registered letter with a request for notice of receipt, whether or not they accept the offer of compensation that is made to them.
"Art. R. 3111-31. - The payment must be made within one month of the receipt by the Office of the Acceptance of the Offer by the applicant, whether this offer has a provisional or final character. »
Chapter II of Book I, title II of the third part of the Public Health Code is amended as follows:
I. - The title of Chapter II is as follows: "Indemnification of contaminated victims".
II. - The first section is amended as follows:
1° The second paragraph of Article R. 3122-1 is as follows:
"This application is addressed to the National Office for the Compensation of Medical Accidents, Iatrogenic Conditions and Nosocomial Infections referred to in section L. 1142-22, by registered letter with request for notice of receipt. »
2° Article R. 3122-3 is as follows:
"Art. R. 3122-3. - Any natural or legal person holding information to inform the Office of the claims for compensation before it is required, at the request of the Office, to transmit this information to the Office pursuant to the fourth paragraph of Article L. 3122-2. The person to whom the information covered by the medical secret is transmitted is a doctor.
The Office shall communicate this information to the applicant. The medical information is transmitted by this doctor. »
3° Article R. 3122-4 is as follows:
"Art. R. 3122-4. - In the case of medical expertise of the victim at the request of the commission, the commission shall inform the applicant, at least fifteen days before the date of the examination, the identity and title of the doctor responsible for the examination, the subject matter, the date and place of the expertise. This expert is chosen according to his competence in the area(s) concerned.
The Commission also informs the applicant that he may be assisted by a person of his or her choice.
The report of expertise shall be sent within twenty days of its establishment to the commission and, under the conditions of section L. 1111-2, to the applicant and, where applicable, to the physician who attended it. »
4° An article R. 3122-4-1 is inserted as follows:
"Art. R. 3122-4-1. - The Panel shall forthwith transmit to the Director of the Office, together with the applicant's file and, where appropriate, the results of the expertise, its opinion on the acceptance or rejection of the application and, in the first case, on the offer of compensation. »
5° Section R. 3122-5 is amended as follows:
(a) In the first paragraph, the words "three months" are replaced by the words "five months";
(b) The first sentence of the second subparagraph reads as follows:
"The Director of the Office shall submit to the applicant by registered letter with a request for notice of receipt the offer of compensation determined under the conditions set out in section L. 3122-5. »
6° Article R. 3122-8 is as follows:
"Art. R. 3122-8. - In addition to its president, the Compensation Commission consists of five members appointed for three years renewable by order of the Minister of Justice and the Minister for Health:
1° A chamber chair or adviser to the Court of Cassation, active or honorary, Vice-Chair of the Board;
2° A member of the Council of State, active or honorary;
3° A member of the General Inspectorate of Social Affairs;
4° A member or former member of the National Council for Acquired Immunodeficial Syndrome;
5° A qualified personality in the field of health.
These five members each have an alternate, appointed under the same conditions, who participates in the sessions of the commission only in the absence of its licensee. In the event of the absence of the Chair, the Commission is chaired by its Vice-Chair.
In the event of a vacancy, a replacement shall be appointed under the same conditions as his predecessor for the remaining term of office. »
7° Article R. 3122-9 is as follows:
"Art. R. 3122-9. - The commission meets, on the convocation of its president or vice-president, as often as it considers it useful on the agenda that it sets.
The Commission may deliberate only if at least half of the members in office, not including the Chairperson or, in his absence, the Vice-Chair, are present.
The opinions of the commission are taken by a majority of the members present. In the event of the equal sharing of votes, the President or, in his absence, the Vice-President shall be preponderant. »
8° Article R. 3122-10 is as follows:
"Art. R. 3122-10. - The board referred to in the third paragraph of Article L. 3122-1 is composed of:
1° Three persons selected by associations representing victims of harm defined in the first paragraph of this article and approved under the conditions of Article L. 1114-1;
2° A representative of the Ministry of Justice and a representative of the Ministry of Health;
3° Two qualified personalities in the field of health or the repair of bodily harm.
The members of the board mentioned in 1° and 3° are appointed for a period of three years renewable by the chair of the board of directors of the office. »
9° Section R. 3122-11 is amended as follows:
(a) The first paragraph is written as follows:
"The chair of the commission or, in his absence, the Vice-Chair shall preside over and summon him whenever he deems it useful and at least once a year. »
(b) In the second paragraph, the words "of the fund" are replaced by the words "of the commission referred to in Article L. 3122-1".
10° Section R. 3122-12 is written as follows:
"Art. R. 3122-12. - The Director of the Office or his representative shall attend the sessions of the Compensation Commission with an advisory vote. »
11° Section R. 3122-13 is written as follows:
"Art. R. 3122-13. - Members of the compensation board or their alternates receive a lump sum allowance paid for the sessions of the board in which they participate; This allowance shall be increased for the Vice-Chair when chairing the Board.
"A supplement of compensation is awarded to members of the compensation board or their alternates, when their participation in the board sessions results in a loss of income.
"The members also receive compensation for the reports and studies they carry out.
"The amount and ceiling of these allowances shall be determined by decree of ministers responsible for the budget and health. »
12° Article R. 3122-14 is as follows:
"Art. R. 3122-14. - The chair and members of the board and board referred to in Article L. 3122-1 or their alternates may claim reimbursement of travel expenses that they may be required to perform their duties in the conditions provided for in the regulations applicable to government officials. »
13° Sections R. 3122-15 to R. 3122-17 are repealed.
III. - Section II is amended as follows:
1° The title of subsection 1 is as follows: "Actions against the Office".
2° The first sentence of the second paragraph of article R. 3122-33 is as follows:
"When the victim has accepted the offer made by the Office, the Director shall send a copy of the documents on which the transaction is based. »
IV. - In articles R. 3122-2 to R. 3122-10 and R. 3122-12 to R. 3122-34, the words "the fund", "the fund", "this fund" and "the fund" are replaced by the words "the office", "of the office", "the office" and "at the office".
Chapter II of Title IV of Book I of Part I of the Public Health Code is amended as follows:
I. - The title of sub-section 1 of section II is as follows: "Regional or interregional Commission for the Conciliation and Compensation of Medical Accidents, Iiatrogenic Conditions and Nosocomial Infections".
II. - The fifth paragraph of Article R. 1142-8 is supplemented as follows: "... or, where applicable, by Decree No. 89-271 of 12 April 1989 setting out the conditions and procedures for the settlement of the travel expenses of civilian personnel within the overseas departments, between the metropolis and those departments, and to get from one overseas department to another. »
III. - The fourth paragraph of Article R. 1142-10 is supplemented as follows:
"When it comes to the president, it is then replaced by the deputy president. If they are both in this case or in the event of an incapacitation of the deputy president or in the absence of the deputy president, the file is forwarded to another commission. »
IV. - In the first paragraph of article R. 1142-13, the following sentence is inserted after the first sentence:
"This commission remains competent, even if, during the course of the instruction of the application, acts carried out in other regions may also be involved in the damage to which the applicant seeks compensation. »
V. - Section R. 1142-25-1 is amended as follows:
1° In the first paragraph, after the words "holder or alternate", the words "or rapporteur" are inserted.
2° It is added a paragraph to read:
"The Rapporteurs appointed pursuant to R. 1142-30-2 shall receive compensation for the reports that they make indemnity, the amount of which shall be determined by decree of ministers responsible for health and budget. »
VI. - The third paragraph of article R. 1142-31 is as follows:
"The external rapporteurs and alternate members, when they do not sit in replacement of their incumbents, shall participate, with an advisory vote, in the deliberations of the Commission on the nominations for which they have instructed the files. »
VII. - It is added to article R. 1142-31-1 a last paragraph as follows:
"The application for the renewal of registration on the national list of medical accident experts is addressed under the conditions of section R. 1142-30, at least six months before the due date of the current registration. »
VIII. - Article R. 1142-44 is written as follows:
"Art. R. 1142-44. - The functions of a member or alternate member of the board of directors shall be held free of charge.
By derogation from the preceding paragraph, a non-retirement civil pension allowance shall be awarded to the chair of the board of directors and, where appropriate, to the deputy head; the amount of these allowances shall be determined by order of the ministers responsible for the budget and health.
The functions of a member or alternate member of the Board of Directors of the Office shall be entitled to reimbursement of travel expenses that may be incurred on the occasion of the performance of such duties, under the conditions provided for by the regulations applicable to public servants of the State. The same provision is applicable to incumbent and alternate members of the Medical Risk Observatory referred to in Article L. 1142-29. »
The President of the Communicable Diseases Section at the Superior Council of Public Hygiene of France or, failing that, a member of this section, responsible for immunization issues, sits on the Compensation Commission referred to in article R. 3111-25 of the Public Health Code, instead of the President of the High Council of Public Health, pending the establishment of this body.
The requests submitted under Article L. 3111-9 of the Public Health Code prior to the entry into force of this Order and which have not been the subject of a State decision on that date are instructed by the National Office for Medical Accidents, Iotronic Conditions and Nosocomial Infections, referred to in Article L. 1142-22, and considered by the Commission referred to in Article 31-25. The notice rendered by the commission shall be forwarded without delay to the Minister of Health who shall, where appropriate, present the offer of compensation to the victim or his or her beneficiaries by registered letter with a request for notice of receipt. The victim or his or her eligible persons shall notify the Minister by registered letter with a request for notice of receipt if they accept the compensation offer made to them.
Without prejudice to the powers exercised by the board of directors, the director and the accounting officer, the National Office for the Compensation of Medical Accidents, Iitrogen Conditions and Nosocomial Infections, referred to in section L. 1142-22 of the Public Health Code, may enter into a management agreement with the guarantee fund for mandatory damages established in section L. 421-1 of the Code
This agreement includes procedures and deadlines for processing requests by the Fund, the conditions under which it transmits to the Office any relevant information to the performance of its mission, including statistical matters, the conditions for compensation of the benefits of the Fund and the penalties applicable in the event of non-compliance with the contractual provisions.
The director general of the fund or his representative may, if any, attend, with an advisory vote, the sessions of the Compensation Commission referred to in section L. 3122-1 of the Public Health Code.
The provisions of this Decree come into force on 1 January 2006.
The Minister of Economy, Finance and Industry, the Minister of Justice, the Minister of Health and Solidarity, and the Minister for Budget and Reform of the State, the spokesperson for the Government, are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 December 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Health and Solidarity,
Xavier Bertrand
Minister of Economy,
finance and industry,
Thierry Breton
The Seal Guard, Minister of Justice,
Pascal Clément
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
