Decree No. 2005 - 1768 Of 30 December 2005 On The New Tasks Entrusted To The National Office Compensation For Medical Accidents, The Iatrogenic And Nosocomial Infections By Act No. 2004-806 Of 9 August 2004 Relati...

Original Language Title: Décret n° 2005-1768 du 30 décembre 2005 relatif aux nouvelles missions confiées à l'Office national d'indemnisation des accidents médicaux, des affections iatrogènes et des infections nosocomiales par la loi n° 2004-806 du 9 août 2004 relati...

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Texts implementing Act No. 2004-806 of 9 August 2004 on the public health policy (1) Act No. 2004-806 of 9 August 2004 on the public health policy (1) Act No. 2004-806 of 9 August 2004 on the public health policy (1) Act No. 2004-806 of 9 August 2004 on the public health policy (1) summary pursuant to article 18 of Act 2004-806.
Keywords health, public health, CODE DE LA Santé PUBLIQUE, patients, ACCIDENT MEDICAL, AFFECTION IATROGENIC, INFECTION NOSOCOMIALE, ONIAM, OFFICE NATIONAL of of compensation ACCIDENTS of medical AILMENTS DERMATOSES and of NOSOCOMIAL INFECTIONS, organization, MISSION, jurisdiction JORF n ° 304, December 31, 2005 page 20850 text no. 137 Decree No. 2005-1768 of 30 December 2005 on the new tasks entrusted to the national Office of medical compensation the iatrogenic and nosocomial infections by Act No. 2004-806 of 9 August 2004 on public health policy and amending the code of public health (regulations) NOR: SANP0524298D ELI: https://www.legifrance.gouv.fr/eli/decret/2005/12/30/SANP0524298D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2005/12/30/2005-1768/jo/texte Prime Minister, on the report of the Minister of health and solidarity , Having regard to the code of public health;
Having regard to law no 2000 - 321 of 12 April 2000 on the rights of the citizens in their relations with Governments;
Pursuant to law n ° 2004 - 806 of 9 August 2004 on public health policy, including section 132;
Considering Decree No. 89-271 of 12 April 1989 laying down the conditions and the method of payment of travel expenses of the civilian inside the overseas departments, personnel between the metropolis and those departments and to go from an overseas Department to another;
Having regard to the opinion of the Advisory Committee of legislation and financial regulations dated July 11, 2005;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...

Is thus amended in subdivision 1 of section IV of chapter II of title IV of part I of the code of public health: i. - 8 ° of article R. 1142-46 reads as follows: "legal actions and transactions, with the exception of those resulting from the application of article 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. - article R. 1142-47 is amended as follows: 1 ° the fifth preambular paragraph reads as follows:"it is authorising officer of revenue and expenditure, including the medical risk observatory established in application of article L. 1142-29. » 2 ° the tenth preambular paragraph reads as follows: "subject to the provisions of article R. 1142-46, it determines or, in cases provided for in articles l. 3111-9 and l. 3122-5, this offers of compensation offered to applicants as well as the amount of reserves to pay them, and he decided, if necessary, legal actions related to the compensation referred to in articles L. 1142-15. L. 1142-17, L. 1142-21, l. 3110-4, 3111-9, l. and l. 3122-4. » 3 ° to the eleventh preambular paragraph, the words: 'articles L. 1142-15 and L. 1142-17' shall be replaced by the words: «articles L. 1142-15, L. 1142-17, L. 1142-21, l. 3110-4, 3111-9, l. and l. 3122-4.»


Article 2 more on this article...

It is inserted in the preliminary chapter of title I of book I of part III of the code of public health a first section as follows: "Section I" compensation for damage resulting from emergency measures «Art»» R. 3110-1. -The application for compensation for damage referred to in article l. 3110-4, due to an emergency taken in the event of serious health threat measure, is presented and educated under the same conditions as those laid down in articles R. 3111-22 in R. 3111-24, R. 3111-26 to R. 3111-28, in the second paragraph of article R. 3111-30 and in article R. 3111-31.
«Art.» R. 3110-2. -The compensation referred to in article R. 3111-25 commission is responsible for compensation for the damage referred to in article r. 3110-1; It may call, in an advisory, all other persons qualified in the fields covered by insurance claims.
«Art.» R. 3110-3. -The commission referred to in article r. 3110-2 delivers a reasoned opinion on the existence of a causal link between the damage suffered by the victim and the extent of emergency taken serious health threats to which it is charged. This notice lists, as appropriate, the various heads of damage and determines the scope; It also specifies if, at the date when it is made, the status of the victim is consolidated or not.
' The commission shall send this notice to the Director of the office that determines if there is place, an offer of compensation, net of benefits and allowances of all kinds referred to in article l. 3110-4 which benefited or will benefit the victim and address to the victim or his successors. ''


Article 3 read more on this article...

It is created in chapter I of title I of book I of part III of the code of public health (regulations), a V section worded as follows: "Section V" compensation attributable to vaccination compulsory «art»» R. 3111-22. -The application for the compensation of damage regarded as attributable to a compulsory vaccination is addressed to the national Office of compensation for medical accidents, the iatrogenic and nosocomial infections mentioned in article L. 1142-22, by registered letter with request for acknowledgement of receipt, or filed with the secretariat of the Agency against a receipt.
"It is accompanied by a dossier related compulsory vaccination, having regard, if applicable, to the professional activity of the victim, the realization of the injections and the nature of the damage attributed to vaccination. '.
"The Agency acknowledge receipt of the application and, where appropriate, request the missing pieces.
«Art.» R. 3111-23. -The silence of the office for a period of six months from the date of receipt of the complete file is rejection of the application.
«Art.» R. 3111-24. -In order to assess the extent of the damage and to determine their accountability, the Director of the office due diligence expertise, under the conditions of article L. 1142-12.
The applicant is informed of the identity and the titles of the experts; It was also informed, upon enquiry, of the evolution of the procedure.
«Art.» R. 3111-25. -The compensation referred to in article l. 3111-9 commission is chaired by the president of the Board of Directors of the Agency. In addition to its Chairman, it includes: 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 a competent repair of the injury, and the other two, each in a different clinical discipline concerned with adverse events related to the vaccinations.
The members referred to in 1 ° to 5 ° are appointed for five years by order of the Minister responsible for health. Where a vacancy occurs, a replacement will be appointed under the same conditions than its predecessor for the duration of the term.
The members of the commission are subject to the provisions of article l. 1421-3-1.
The secretariat of the commission is provided by the office.
«Art.» R. 3111-26. -The president and the members of the commission are entitled to reimbursement of travel expenses that they may incur in the performance of their duties in accordance with the rules applicable to officials of the State.
«Art.» R. 3111-27. -The commission shall be convened by its Chairman or its Vice-Chairman, which sets the agenda.
"It may deliberate that if half at least of practising members are present, not including the president and, in his absence, the Vice President. '' Otherwise, a new meeting is held without quorum requirement, at the end of a period of fifteen days.
"The opinion of the Committee shall be adopted by a majority of the members present. In case of equal division of votes, the president or, in case of absence, the Vice President is preponderant.
«Art.» R. 3111-28. -The commission may proceed with the hearing of any practitioner to enable it to inform its opinion. The applicant can also be heard, at his request or at that of the commission; He may be assisted or represented by a person of his choice.
«Art.» R. 3111-29. -The commission delivered a reasoned opinion on the existence of a causal link between the injury suffered by the victim and the medical act to which it is charged. This notice lists, as appropriate, the various heads of damage and determines the scope; It also specifies if, at the date when it is made, the status of the victim is consolidated or not. This notice includes an offer of compensation in the conditions laid down in article l. 3111-9.
«Art.» R. 3111-30. -The commission shall promptly transmit this opinion to the Director of the office which has, if applicable, the offer of compensation to the victim or his successors by registered letter with request for acknowledgement of receipt.

"The victim or his beneficiaries are known to the Agency, by registered letter with request for acknowledgement of receipt, if they accept or not the offer of compensation that made them.
«Art.» R. 3111-31. -Payment must be within a period of one month from the receipt by the Agency of the acceptance of its offer by the applicant, that this offer has a provisional or definitive character. ' Article 4 more on this article...

Chapter II of title II of book I of part III of the public health code is amended as follows: i. - the title of chapter II reads as follows: "contaminated victims compensation.
II. - The first section is amended as follows: 1 ° the second subparagraph of article r. 3122-1 reads as follows: "this application is addressed to the national Office of compensation for medical accidents, the iatrogenic and nosocomial infections mentioned in article L. 1142-22, by registered letter with request for acknowledgement of receipt."
2 ° article r. 3122-3 reads as follows: «art.» R. 3122-3. -Any natural or legal person holding information likely to enlighten the Agency on claims before it is required, at the request of the Agency, to send this information in accordance with the fourth paragraph of article l. 3122-2. The person to which the information covered by medical secrecy are transmitted is a doctor.
The Agency shall forward this information to the applicant. The information of a medical nature are transmitted by this doctor. » 3 ° article r. 3122-4 reads as follows: «art.» R. 3122-4. -In the case of medical expertise of the victim carried out at the request of the commission, it shall inform the applicant, fifteen days at least before the date of the examination of identity and titles of the doctor to do so, the object of the date and place of expertise. This expert is chosen according its competence in the areas concerned.
The commission also informed the applicant that he may be assisted by a person of his choice.
Expert report is sent within twenty days of its establishment, to the commission and, under the conditions of article l. 1111-2 to the applicant and, where appropriate, the doctor who assisted him. » 4 ° it is inserted an article r. 3122-4-1 worded as follows: «art.» R. 3122-4-1. -The commission shall, without delay, to the Director of the office, at the same time as the applicant's record 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 compensation offer. ("5 ° article 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 paragraph reads as follows: "the Director of this office to the applicant by registered letter with request for acknowledgement of receipt the offer of compensation in the conditions laid down in article l. 3122-5."
6 ° article r. 3122-8 reads as follows: «art.» R. 3122-8. -In addition to its Chairman, the compensation commission has five members appointed for three years, renewable by order of the Minister of justice and the Minister of health: 1 ° a president of Chamber or a counsellor to the Court of cassation, active or honorary, Vice-Chairman of the Committee;
2 ° a member of the Council of State, active or honorary;
3 ° a member of the General Inspectorate of Social Affairs;
4 ° a physician member or former member of the national Council in acquired immunodeficiency syndrome;
(5) a person qualified in the field of health.
These five members each have an alternate, appointed under the same conditions, which does participate in the meetings of the Committee in the absence of its owner. In the absence of the president, the commission is chaired by the vice-president.
Where a vacancy occurs, a replacement will be appointed under the same conditions than its predecessor for the duration of the term. «7 ° article r. 3122-9 reads as follows: «art.» R. 3122-9. -The commission shall meet, on convocation by its Chairman or its Vice-Chairman, as often as it deems appropriate on the agenda set by it.
The commission may decide that if half at least of the members, excluding the Chairman or, in his absence, the vice-president, are present.
The opinion of the Committee are taken by a majority of the members present. In case of equal division of votes, the Chairman or, in his absence, the Vice President is preponderant. » 8 ° article R. 3122-10 reads as follows: «art.» R. 3122-10. -The Council mentioned in the third paragraph of article L 3122-1 is composed of: 1 ° three people chosen by associations representing the victims of harm defined in the first paragraph of this article and approved in the terms of article l. 1114-1;
2 ° a representative of the Ministry of justice and a representative of the Ministry of health;
3 ° two persons qualified in the field of health or the repair of the injury.
The members of the Council referred to in 1 ° and 3 ° are appointed for a renewable period of three years by the president of the Board of Directors of the Agency. ("9 ° article R. 3122-11 is amended as follows: a) the first paragraph reads as follows:"the president of the commission or, in his absence, the vice-president presiding over this Council and convene it whenever it deems appropriate and at least once per year. (' b) in the second subparagraph, the words: ' the Fund"shall be replaced by the words:"of the commission referred to in article L 3122-1.
10 ° article R. 3122-12 reads as follows: «art.» R. 3122-12. -The Director of the agency or his representative attends consultative meetings of the compensation commission. » 11 ° article R. 3122-13 reads as follows: «art.» R. 3122-13. -Members of the compensation commission or their deputies receive a lump sum allowance at the rate of the meetings of the Committee in which they participate; This allowance is increased for Vice President, when he chairs the commission.
"A compensation supplement is attributed to members of the commission, compensation or their alternates where their participation in the meetings of the commission imposes on them a loss of income.
"Members shall receive, in addition, compensation in respect of the reports and studies they perform.
"The amount and the ceiling of these allowances shall be set by Decree of the Ministers responsible for the budget and health.
12 ° article R. 3122-14 reads as follows: «art.» R. 3122-14. -President and member of the commission and of the Council referred to in article L 3122-1 or their deputies are entitled to reimbursement of travel expenses that they may incur in the performance of their duties in accordance with the rules applicable to officials of the State. » 13 ° R. 3122-15 R. 3122-17 sections are repealed.
III. - Section II is amended: 1 ° the title of subsection 1 reads as follows: "Actions against the Agency.
2 ° the first sentence of the second paragraph of article R. 3122-33 reads as follows: "When the victim has accepted the offer made by the Agency, the Director address to the president of the Court copy documents on which the transaction is based."
IV. - in articles r. 3122-2 R. 3122-10 and R. 3122-12 to R. 3122-34, the words: 'the Fund' ' the Fund', 'this Fund' and 'to the Fund' shall be replaced by the words: 'the office', ' the office', 'the office' and 'in the office '.


Article 5 read more on this article...

Chapter II of title IV of book I of the first part of the code of public health is amended as follows: i. - the heading of sub-section 1 of section II reads as follows: 'regional or interregional Commission conciliation and compensation for medical accidents, the iatrogenic and nosocomial infections '.
II. - The fifth paragraph of article r. 1142-8 is completed as follows: '... or, where appropriate, by Decree No. 89-271 of 12 April 1989 laying down the conditions and the method of payment of travel expenses of the civilian personnel within the French overseas departments between the metropolis and those departments, and to go from an overseas Department to another. ''
III. - The fourth paragraph of article R. 1142-10 is completed as follows: 'when it comes to the president, it was replaced by the Deputy Chairman. If they are both in this case or if the Deputy Chairman or absence of Deputy Chairman of the latter, the file is forwarded to another Committee. "IV.-in the first subparagraph of article R. 1142-13, it is inserted after the first sentence, the following sentence:"this commission remains competent, even if, during the processing of the application, acts carried out in other regions are likely to be also involved in the damage which the applicant seeks compensation. "V. - article r. 1142-25-1 is amended as follows: 1 ° in the first paragraph, after the words: 'licensee or alternate', shall be inserted the words:"or rapporteur ".
2 ° a paragraph as follows is added: "the rapporteurs appointed in application of article r. 1142-30-2 perceive as remuneration for the reports they realize an allowance whose amount is fixed by order of the Ministers of health and the budget."
VI. - The third paragraph of article R. 1142-31 reads as follows:

"The external rapporteurs and alternate members, when they do not sit as a replacement for their holders, participate, Advisory to the deliberations of the commission on the nominations which they educated records."
VII. - It is added in article r. 1142-31-1 a last paragraph reading as follows: "the application for renewal of registration on the national list of experts in medical accidents is addressed under the conditions of article R. 1142-30, at least six months before the date of expiry of the registration in progress."
VIII. - Article R. 1142-44 reads as follows: «art.» 1142 – 44. - Or alternate of the Board of Directors member functions are performed free of charge.
By way of derogation from the preceding paragraph, it is awarded compensation function, not subject to withholding for civil retirement pension, to the president of the Board of Directors and, where applicable, to his alternate; the amount of these allowances is fixed by Decree of the Ministers responsible for the budget and health.
Functions or alternate of the Board of Directors of the Member give entitlement to reimbursement of travel expenses that they may incur on the occasion of the exercise of these functions, in accordance with the rules applicable to officials of the State. The same provision is applicable to the members and alternates of the Observatory of the medical risks referred to in article L. 1142-29. ' Article 6 more on this article...

The president of the section of communicable diseases at the Board of Governors of sanitation of France or, in default, a member of this section, the vaccinations questions, seat on the commission for compensation referred to in article R. 3111-25 of the code of public health, instead of the president of the High Council of public health, pending the establishment of this instance.


Article 7 read more on this article...

Applications submitted under article l. 3111-9 of the code of public health prior to the entry into force of this Decree and which did not object to this date of a decision by the State are investigated by the national Board of medical accidents, the iatrogenic and nosocomial infections, referred to in article L. 1142-22 and examined by the Committee referred to in article R. 3111-25. The opinion of the commission is transmitted without delay to the Minister of health who has, if applicable, the offer of compensation to the victim or his successors by registered letter with request for acknowledgement of receipt. The victim or his beneficiaries shall give to the Minister by registered letter with request for acknowledgement of receipt if they accept the offer of compensation that made them.


Article 8 more on this article...

Without prejudice to the powers exercised by the Board of Directors, the Director and the accounting officer, the national Office compensation for medical accidents, the iatrogenic and nosocomial infections, referred to in article L. 1142-22 of the code of public health may conclude, on a transitional basis, a management agreement with the guarantee fund of compulsory insurance of damages established by section L. 421 - 1 of the French insurance code in order to assign, for a period of six months from the entry into force of this section, the processing of claims referred to in article l. 3122-2 of the code, as well as the preparation of offers of compensation.
This convention stipulates procedures and processing times of applications by the Fund, the conditions in which it transmits to the Agency any information useful for the performance of its tasks, including statistical, the conditions of remuneration of the Fund benefits and penalties for failure to comply with the contractual provisions.
The Director general of the Fund or its representative may, where appropriate, with voice but without vote, attend the meetings of the commission for compensation referred to in article L 3122-1 of the code of public health.


Article 9 read more on this article...

The provisions of this order come into force on January 1, 2006.


Article 10 more on this article...

The Minister of economy, finance and industry, the keeper of the seals, Minister of justice, the Minister of health and solidarity and the Minister delegate for the budget and the reform of the State, Government spokesman, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on 30 December 2005.
Dominique de Villepin Prime Minister: the Minister of health and solidarities, Xavier Bertrand Minister of economy, finance and industry Thierry Breton keeps seals, Minister of justice, Pascal Clément the Minister delegate for the budget and the reform of the State, the Government's spokesman, Jean-François Copé