Key Benefits:
Publics concerned: health professionals, pharmacists, sections of the social insurance of pharmacists, sections of the social insurance of La Réunion-Mayotte.
Subject: appointment of assessors of the social insurance sections of the central councils and of the National Pharmaceutical Council, appointment of assessors representing the health insurance organizations of the first instance social insurance sections of the order of doctors and dentists of La Réunion-Mayotte.
Entry into force: the text comes into force on the day after its publication.
Notice: the text completes the Decree No. 2013-547 of 26 June 2013 concerning the organization and operation of the jurisdictions of the litigation of the technical control of the health professions and specifies certain provisions. In particular, the Minister in charge of social security appoints the assessors of the sections of the social insurance of the central councils of sections G and H and the National Council of the Order of Pharmacists; for the sections of the social insurance of the central councils of that order, the same minister appoints the second assessor in case of disagreement between the proposal authorities (national doctor of the general social security regime and responsible for the medical service of the central social insurance of the independents and of the mutual fund).
For the sections of the social insurance of the order of doctors and dental surgeons of La Réunion-Mayotte, assessors representing the health insurance organizations are proposed by the national physician-advisor of the general social security regime, among the consulting doctors or dental surgeons who are responsible for medical supervision.
References: the Social Security Code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Seal Guard, Minister of Justice, Minister of Social Affairs and Health and Minister of Overseas,
Considering the Civil Procedure Code of French Polynesia;
Vu le Public Health Code ;
Vu le Social Security Code ;
Vu le Decree No. 2013-547 of 26 June 2013 concerning the organization and operation of the courts of litigation of the technical control of health professions;
Having regard to the advice of the Board of the National Health Insurance Fund of Employees dated 7 November 2013;
Considering the opinion of the Central Board of Directors of the Agricultural Social Mutuality dated November 7, 2013;
Considering the opinion of the Government of New Caledonia of 12 November 2013;
Considering the opinion of the French Polynesia government of 20 November 2013;
Considering the referral of the National Health Insurance Union dated 24 October 2013;
Considering the referral of the Guyana Regional Council dated 28 October 2013;
Considering the referral of the General Council of Guyana dated 28 October 2013;
Considering the referral of the Regional Council of Guadeloupe dated 28 October 2013;
Considering the referral of the General Council of Guadeloupe dated 28 October 2013;
Considering the referral of the Martinique Regional Council dated 28 October 2013;
Considering the referral of the General Council of Martinique dated 28 October 2013;
Considering the referral of the Regional Council of La Réunion dated 28 October 2013;
Considering the referral of the General Council of La Réunion dated 28 October 2013;
Considering the referral of Mayotte General Council dated 28 October 2013;
The State Council (Social Section) heard,
Decrete:
I. ― Article R. 145-10 of the Social Security Code is amended as follows:
1° The following paragraphs are numbered:
(a) The first paragraph is preceded by reference I;
(b) The fourth preambular paragraph is preceded by reference II;
(c) The seventh preambular paragraph is marked III;
(d) The tenth preambular paragraph is preceded by reference IV;
(e) The thirteenth preambular paragraph is marked V;
(f) The sixteenth preambular paragraph is preceded by reference VI;
(g) The seventeenth preambular paragraph is preceded by reference VII;
2° In the first paragraph of the I, after the words "administrative appeal court" are added the words: "in the jurisdiction of which the social insurance section of the regional council has its seat";
3° At 2° of II, III and IV, the words: "President of the Administrative Court of Appeal" are replaced by the words: "Minister for Social Security";
4° In the first paragraph of the V, the words "proposed by this council" are replaced by the words "designated by this council";
5° In VI, the words "second, third, fourth and fifth preambular paragraphs" are replaced by the words "in the first preambular paragraph of II, III, IV and 1° and 2° of V".
II. ― Section II R. 145-16 of the same code is read as follows:
“II. ― In the case of pharmacists, the competent social insurance section is that of the regional council in which they practise their profession on the date of the referral of the section. However, pharmacists on the date of the facts prosecuted in one of the sections D, G or H continue to fall within this section notwithstanding the circumstances that they have since been registered in one of the other sections of the board of the order. The pharmacist who carries out activities under several sections is judged by the section of the social insurances under the act. »
III. ― In the first paragraph of Article R. 145-18 of the Social Security Code, the words "in Article R. 4222-6" are replaced by the words "in the first paragraph of Article R. 4222-6".
In the second paragraph of article R. 145-46 of the same code, the words "the European Community" are replaced by the words "the European Union" and the words "this Community" by the words "this Union".
Section R. 146-8 of the same code is amended as follows:
1° I:
(a) The words: "of Article R. 145-58" are replaced by the words: "of the second paragraph of Article R. 145-58";
(b) After 5°, it is added a 6° and a 7° as follows:
« 6° For the purposes of R. 145-65, the reference to R. 145-15 is replaced by the reference to R. 146-6;
« 7° For the purposes of section R. 145-68, the reference to section R. 145-15 is replaced by the reference to section R. 146-6 and the reference to section R. 145-58 by the reference to section R. 146-7. » ;
2° In the first paragraph of the second paragraph, the words: " provisions of Articles 7 to 12 and 24 to 34 " are replaced by the words: " provisions of Articles 24 to 29 " .
I. ― In the third paragraph of article R. 752-18-4 of the same code, the words: "two assessors proposed jointly by the two local social security bodies, after consultation with the regional medical consultants, among the medical consultants responsible for medical control over these territories" are replaced by the words: "two assessors proposed by the national physician-advisor of the general social security regime, among the medical consultants responsible for the medical examination concerned, outside the jurisdiction of the
II. ― In the third paragraph of article R. 752-18-5 of the same code, the words: "two assessors proposed jointly by the two local social security bodies, after consultation with the regional medical consultants, among the consulting dentists or the incumbent medical doctors responsible for medical control over these territories" are replaced by the words: "two assessors proposed by the national medical adviser of the general social security regime, among the medical surgeons in question
III. ― Section R. 752-18-5-1 of the same code is amended as follows:
1° In the first paragraph, the words "the two local social security bodies" are replaced by the words "social security organizations";
2° The second paragraph is deleted;
3° In the last paragraph, the words "R. 145-8" are deleted.
IV. ― Section R. 752-18-7 is amended as follows:
1° In the fourth paragraph, the words: "President of the Administrative Court of Appeal" are replaced by the words: "Minister for Social Security";
2° In the last paragraph, the words "R. 145-8" are replaced by the words "R. 145-10".
The Minister of Justice, the Minister of Social Affairs and Health and the Minister of Overseas are responsible for the execution of this Order in Council, which will be published in the Official Journal of the French Republic.
Done on 27 December 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Overseas,
Victorin Lurel
