Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Sports,
Vu le Public Health Codeincluding articles L. 1435-5 and L. 6314-1;
Vu le Decree No. 2006-672 of 8 June 2006 the establishment, composition and functioning of the administrative commissions of an advisory nature;
Vu le Decree No. 2010-809 of 13 July 2010 relating to the organization of the permanence of care, including Article 4;
The State Council (Social Section) heard,
Decrete:
Chapter III of Book III of Part VI of the Public Health Code is replaced by the following:
“Chapter III
"Departmental Committee for Urgent Medical Assistance,
of Health Care and Transport
“Section 1
“ Composition and operation
"Art.R. 6313-1.-In each department, a committee on emergency medical assistance, the permanence of health care and transport ensures the quality of the distribution of emergency medical assistance, the organization of the care permanence and its adjustment to the needs of the population in accordance with the regional specifications set out in R. 6315-6.
"It ensures the cooperation of natural and legal persons involved in emergency medical assistance, the permanence of health care and the transport of health services.
"Art.R. 6313-1-1.-The Departmental Committee on Emergency Medical Assistance, Health Care and Transportation, co-chaired by the Prefect or his representative and the Director General of the Regional Health Agency or his representative, is composed of:
« 1° Representatives of local authorities:
“(a) A General Councillor designated by the General Council;
“(b) Two mayors appointed by the departmental association of mayors or, failing that, elected by the college of mayors of the department, summoned to this effect by the prefect, to representation proportional to the highest average, without adding or deleting names and without changing the order of presentation. The vote may be taken by correspondence;
« 2° Emergency medical aid partners:
“(a) A physician responsible for emergency medical assistance and a doctor responsible for emergency mobile structure and resuscitation in the department;
“(b) A Director of Public Health Institution with mobile relief and emergency care;
"(c) The Chair of the Fire and Rescue Service Board or its representative;
"(d) The departmental director of the fire and rescue service or his representative;
“e) Departmental head doctor of fire and rescue service;
“(f) An officer of firefighters responsible for operations, appointed by the departmental director of fire and rescue services;
« 3° Members appointed on a proposal from the organizations they represent:
“(a) A doctor representing the departmental council of the order of doctors;
“(b) Four representatives of the regional union of health professionals representing doctors;
"(c) A representative of the Council of the Departmental Delegation of the French Red Cross;
"(d) Two hospital practitioners each proposed by the two most representative organizations at the national level of physicians in hospital emergency structures;
“e) A doctor proposed by the most representative organization at the national level of doctors exercising in the emergency medical structures of private health institutions, when they exist in the department;
“(f) A representative of each of the care permanence associations when they intervene in the departmental care permanence system;
“(g) A representative of the most representative organization of public hospitality;
“(h) A representative of each of the two most representative private hospitalization organizations at the departmental level, including a director of a private health institution providing health transport;
“(i) One representative of each of the four most representative national health transport professional organizations in the department;
“j) A representative of the most representative departmental emergency health transport association at the departmental level;
“(k) A representative of the regional council of the order of pharmacists or, in overseas departments, the local delegation of the order of pharmacists;
"(l) A representative of the regional union of health professionals representing pharmacists of offensive;
“m) A representative of the organization of the most representative pharmacists of offensive at the national level;
“(n) A representative of the Departmental Council for the Order of Surgeons-dentists;
"(o) A representative of the regional union of health professionals representing surgeon-dentists;
« 4° A representative of user associations.
"The members of the committee are appointed by joint order of the Director General of the Regional Health Agency and the Prefect.
"The Director General of the Regional Health Agency and the Prefect can be assisted by the people of their choice.
"Art.R. 6313-2.-I. ― Representatives of local authorities are appointed for the duration of their elective mandate.
"The other members of the committee are appointed for a period of three years.
“II. ― The committee secretariat is provided by the regional health agency. The committee sets out its rules of procedure.
"Art.R. 6313-3.-The committee is a medical subcommittee and a subcommittee of health transport.
"It is gathered at least once a year by its presidents or at the request of at least half of its members.
“Section 2
« Medical Subcommittee
"Art.R. 6313-4.-The medical subcommittee, formed by all the doctors mentioned in 2° and 3° of R. 6313-1-1, co-chaired by the Director General of the Regional Health Agency or his representative and the Prefect or his representative, is convened at the initiative of the latter or at the request of at least half of its members, and at least once a year. The Director General of the Regional Health Agency and the Prefect may be assisted by the people of their choice.
"It annually assesses the organization of the care permanence and proposes the modifications that it deems desirable in the context of the regional specifications prepared by the Director General of the regional health agency.
“Section 3
« Sub-committee on sanitary transport
"Art.R. 6313-5.-The subcommittee of health transport, co-chaired by the Director General of the Regional Health Agency or his representative and the Prefect or his representative, is constituted by the members of the following departmental committee:
« 1° The physician responsible for the emergency medical service;
« 2° Departmental Director of Fire and Emergency Service;
« 3° Departmental head doctor of fire and rescue service;
« 4° The officer of firefighters responsible for operations, designated by the departmental director of fire and rescue services;
« 5° The four representatives of professional health transport organizations designated in R. 6313-1-1;
« 6° The Director of a public health facility providing health transportation;
« 7° The Director of Private Health Institution for Health Transport;
« 8° The representative of the most representative departmental emergency health transport association;
« 9° Three members appointed by their peers in the departmental committee:
“(a) Two representatives of the territorial authorities;
“(b) A liberal practice doctor.
"In the event that it examines the problems of non-land health transport, the subcommittee shall enclose the representative of the concerned administrations and the technicians appointed by the Director General of the Regional Health Agency and the Department's prefect.
"The Director General of the Regional Health Agency and the Prefect can be assisted by the people of their choice.
"Art.R. 6313-6.-The subcommittee is responsible for providing a prior notice to the issuance, suspension or withdrawal by the Director General of the Regional Health Agency of the approval necessary for sanitary transport established by Article L. 6312-2.
"This notice is given after the report of the physician designated by the Director General of the Regional Health Agency and in the light of the record and observations of the individual. It is returned within three months of its referral by the Director General of the Regional Health Agency. After this period, this notice is deemed to be given.
"The subcommittee may be seized by one of its presidents of any health transport problem.
"Art.R. 6313-7.-In the event of an emergency, the Director General of the Regional Health Agency may proceed on an interim basis to issue or withdraw approval.
"Before making a final decision, he immediately took the subcommittee for advice. In this case, the period referred to in the second paragraph of Article R. 6313-6 is reduced to one month. After this period, the notice is deemed to have been rendered.
“Section 4
« Specific provisions in Paris and certain departments
"Art.R. 6313-8.-In the composition of the Departmental Committee for Emergency Medical Assistance, the Health Care and Transportation Service of Paris, the departments of the Hauts-de-Seine, the Seine-Saint-Denis and the Val-de-Marne, and in the composition of the subcommittees, the Departmental Director of the Fire and Relief Service is replaced by the officer-in-chief
"In Paris, representatives of the local authorities are four advisers from Paris appointed by their council.
"In Marseilles, the officer of firefighters in charge of operations is the commander of the battalion of firemen.
"Art.R. 6313-9.-In Paris, the Departmental Committee on Emergency Medical Assistance, Health Care and Transportation is co-chaired by the Director General of the Regional Health Agency or his representative and by the Police Commissioner or his representative when the cases examined fall within the competence of the Regional Health Agency. »
Transitional provisions.
I. - Until the establishment of regional health professionals unions:
1° The health professionals mentioned in the b of the 3rd of section R. 6313-1-1 of the Public Health Code in its new writing are replaced by a doctor representing the regional union of physicians exercising in a liberal capacity and a professional practitioner for each representative organization at the national level designated on the proposal of locally competent bodies;
2° The health professional referred to in the 3rd of the same article is replaced by a pharmacist named by the regional pharmacist order board;
3° The health professional mentioned in the 3° of the same article is replaced by a dental surgeon appointed by the departmental board of the order of the dental surgeons.
II. - The first paragraph of section R. 6313-1 and second paragraph of section R. 6313-4 of the Public Health Code, in their new writing, come into force at the same time as Decree of 13 July 2010.
The Minister of Health and Sports is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 13, 2010.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
