Key Benefits:
Public concerned: Liberal health professionals, social security organizations.
Subject: amendment of provisions relating to the regional unions of health professionals and the establishment of transitional measures for the renewal in 2015, of elected assemblies of the unions comprising doctors, pharmacists, dentists, kinesi therapists and nurses respectively.
Entry into force: the text comes into force on the day after its publication.
Notice: this decree amends the provisions of Public Health Code relating to the regional unions of health professionals (URPS).
He completes the list of persons authorized to contest the refusal of a list of candidates for the URPS elections. It sets the seat of the union in the implantation city of the regional health agency. Finally, it reduces the fixed portion of the contribution due by health professionals set aside equally to each URPS and adjusts accordingly the variable portion calculated according to the number of electors in the region.
As a transitional measure, for the renewal of URPS in 2015, the decree adapts certain provisions relating to the organization of elections, including by entrusting this competence to the directors general of regional health agencies. It sets the temporary seat of the URPS in the implantation city of the ARS responsible for the organization of elections. It also provides for an extension of the mandates of elected members of the assemblies until December 31, 2015.
References: the provisions of Public Health Code Amended by this decree can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Vu le code of the judicial organization ;
Vu le Code of Civil Procedure ;
Vu le Public Health Codeincluding article L. 4031-2;
Vu le Social Security Code ;
Vu la Act No. 2015-29 of 16 January 2015 relating to the delimitation of regions, regional and departmental elections and amending the electoral calendar, including its article 1;
Having regard to the advice of the Board of the National Health Insurance Fund on 21 April 2015;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 24 April 2015;
Considering the opinion of the High Council of Paramedical Professions of 29 April 2015;
The State Council (Social Section) heard,
Decrete:
The Public Health Code is amended to read:
1° In the second paragraph of article R. 4031-1, the words "in the head of the region" are replaced by the words "in the commune of the headquarters of the regional health agency";
2° In the second sentence of the fourth paragraph of article R. 4031-31, after the words "agent", the words "by the latter and by any candidate of the list" are inserted;
3° In the third and sixth paragraphs of R. 4031-45, the words "40%" are replaced by the words "25%" and the fourth and seventh paragraphs of the same article, the words "60%" are replaced by the words "75%".
The provisions of Section 3 of the Single Chapter of Title III of the Preliminary Book of Part IV of the Public Health Code are applicable to the elections and designations of the assemblies of regional health union organized in 2015 for the general renewal of these unions, subject to the following provisions:
1° The territorial constituencies of the unions taken into account for this renewal are those that will result from the establishment of regions with a new delimitation as of January 2016 set out in section 1 of the above-mentioned Act of 16 January 2015;
2° The electoral organization commission referred to in R. 4031-22 is chaired by the Director General of the regional health agency mentioned at 6° or its representative; the latter sets the seat of the commission. The commission responsible for the election of the regional union of physicians includes nine physicians, also distributed by electorate college, and selected by the director general of the regional health agency on the proposal of the president(s) of the union(s).
The commissions responsible for the election of other regional unions each include six health professionals, union electors, selected by the Director General of the regional health agency on the proposal of the president(s) of the union(s);
3° Each polling committee referred to in R. 4031-24 includes, in addition to the Director General of the Regional Health Agency, the health professionals mentioned in 2°;
4° The secretariats of the Electoral Organization Commission and the Voting Census Commission are provided by the regional health agency mentioned at 6°;
5° The costs incurred by regional health agencies during the elections are reimbursed by the new unions on presentation of a liquidative state certified by the regional health agency by 30 September 2016;
6° A ministerial order sets out the list of regional health agencies responsible for electoral operations, the seats of the electoral organization commissions, in which the unions are located, on a transitional basis and pending the determination of the headquarters of the regional health agency.
I. - By derogation from provisions of Article D. 4031-3 of the Public Health Code :
1° Mandates that expire before December 31, 2015 are extended until that date;
2° The mandates other than those mentioned at 1° end on December 31, 2015.
II. - The members of the designated regional unions are subject to the conditions set out in sections D. 4031-16 and D. 4031-17 effective 1 January 2016.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights and the Secretary of State responsible for the budget are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on May 20, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
The Secretary of State in charge of the budget,
Christian Eckert
