APPENDICES TO PART FOUR

REGIONAL UNION OF HEALTH PROFESSIONALS REGIONAL FEDERATION OF HEALTH PROFESSIONALS

Model statutes

I. - Aim and composition of the association

Article 1

a) With regard to regional unions of healthcare professionals:

The aim of the association known as: union régionale des professionnels de santé de [nom de la région] (regional union of healthcare professionals), bringing together the [nom de la profession], founded in [date of foundation], is to contribute to the organisation and development of healthcare provision at regional level, in particular to the preparation of the regional healthcare project and its implementation. It may enter into contracts with the regional health agency and carry out specific tasks involving independent healthcare professionals in the agency's areas of competence. It assumes the tasks entrusted to them by the national agreements provided for in Title VI of Book I of the Social Security Code.

Its duration is unlimited.

It has its registered office in the capital of the region unless the Assembly decides otherwise by a two-thirds majority of its members. It is located at [ ] (give only the name of the town, department and region without the street or number).

b) Concerning the regional federation of healthcare professionals:

The association known as the regional federation of healthcare professionals in [name of the region], bringing together delegates from each regional union of healthcare professionals, was founded in [date of foundation] with the aim of contributing to the development of interdisciplinary practice by self-employed healthcare professionals. The federation carries out any task assigned to it by the regional unions of healthcare professionals. Each union determines the terms and conditions of its participation in the regional federation and the actions that will contribute to its work programme. The regional federation may only represent a profession within the framework of a mandate explicitly given by the corresponding regional union.

Its duration is unlimited.

It has its registered office in the capital of the region unless the assembly decides otherwise by a two-thirds majority of its members. It is located at [ ] (indicate only the name of the town, department and region without the street or number).

This registered office may be the registered office of a regional union if the majority of delegates so agree.

Article 2

a) Composition of the regional unions of healthcare professionals:

The association's assembly comprises members elected for a five-year term and representing healthcare professionals practising in the region. The number of members of the assembly is set according to the criteria defined in article R. 4031-6 of the Public Health Code.

b) Composition of the regional federation of healthcare professionals:

The regional federation is made up of delegates from each regional union. There are three such delegates. The delegates of the regional union representing doctors are drawn from each college of voters.

Article 3

Membership of the association is lost:

1° By resignation;

2° By striking off the register when the member ceases to practice a liberal profession within the framework of the contractual system, for whatever reason. If, however, the cessation of activity is only temporary, the member's mandate as a member of the General Meeting is suspended for the corresponding period.

The member concerned is called upon beforehand, if he so wishes, to provide his explanations.

II. - Administration and operation

Article 4

a) As regards the regional unions of healthcare professionals:

The association is administered by an executive committee, the number of members of which is determined in accordance with the provisions of article R. 4031-9 of the Public Health Code. The members of the executive committee are elected by secret ballot, for the duration of the term of office of the members of the regional unions of healthcare professionals, by the general meeting and are chosen from among the elected members of this meeting.

If one of the members of the executive committee permanently ceases to hold office, he/she is replaced during the first meeting of the general meeting following the vacancy.

The powers of the members thus elected end at the time when the term of office of the replaced members would normally expire.

b) With regard to the regional federation of healthcare professionals:

The association is administered by an Executive Committee, the number of members of which is set in accordance with the provisions of article R. 4031-49 of the Public Health Code. The members of the executive committee are elected by secret ballot by the delegates of each regional union for the duration of the term of office of the members of the regional unions sitting within the federation.

The members of each union who do not exercise the functions listed above appoint one of their number to sit on the executive committee.

If one of the members of the executive committee permanently ceases to exercise his or her mandate, he or she is replaced at the first meeting of the general meeting following the vacancy.

The powers of the members thus elected shall expire at the time when the term of office of the replaced members would normally expire.

Article 5

The Executive Committee shall meet at intervals defined by the Internal Regulations.

Decisions shall be taken by a majority of the members present, except in cases where a qualified majority is required under the provisions of the Internal Regulations. In the event of a tie, the Chairman shall have the casting vote.

The deliberations of the Executive Committee shall give rise to a record of decisions approved by the Executive Committee at its next meeting, which shall be kept at the registered office of the Association and signed by the Chairman and the Secretary or their substitutes. They shall be drawn up without blanks or erasures, on numbered sheets and kept at the registered office of the regional union or federation.

Article 6

The General Meeting shall meet twice a year and whenever it is convened by the Executive Committee or at the request of the majority of the members of the association.

The agenda shall be set by the Executive Committee.

The General Meeting may only validly deliberate if at least half of its members are present or represented.

If the quorum is not reached, the General Meeting shall validly deliberate after a further convocation, regardless of the number of members present.

It hears reports on the management of the Executive Committee and on the financial and moral situation of the Association.

It approves the accounts for the year ended, votes on the budget for the following year, deliberates on the matters on the agenda and, if necessary, provides for the renewal of the members of the Executive Committee.

Minutes are kept at the Association's registered office and are signed by the Chairman and the Secretary or their substitutes. They are drawn up without blanks or erasures, on numbered sheets.

The annual report and accounts are sent each year to all members of the association. They shall also be sent electronically and free of charge to any professional belonging to the association who so requests.

Article 7

Members of the General Meeting shall be reimbursed for travel and subsistence expenses incurred in the performance of their duties, in accordance with the conditions laid down in the internal regulations. The by-laws may also provide for the allocation of a flat-rate allowance to compensate for the loss of resources incurred by these duties. Justifications must be provided and are subject to verification.

This allowance is set within the limit of a ceiling determined according to the stipulations of the profession's collective bargaining agreement relating to allowances for participation in joint committees. An order by the Minister for Health and the Minister for Social Security sets this ceiling for each profession.

The total sum of these allowances received during a calendar year may not exceed twice the value of the annual social security ceiling. Paid employees of the association may be invited by the Chairman to attend meetings of the General Meeting and the Board of Directors in an advisory capacity.

Article 8

The Chairman represents the Association in legal proceedings and in all civil acts. He shall authorise expenditure. He may delegate his powers under conditions laid down in the by-laws. The Association's representatives must be in full possession of their civil rights.

III. - Resources, budget

Article 9

a) As regards regional unions of healthcare professionals:

The resources of the regional union are made up in particular of the contribution instituted by article L. 4031-4 of the Public Health Code and, where applicable, of various subsidies and financial assistance.

However, neither the General Meeting, nor the Executive Committee, nor any of the members of a regional union may solicit or accept assistance on its behalf which, by its nature or size, is likely to jeopardise the independence necessary for the union to carry out its tasks.

b) With regard to the regional federation of healthcare professionals:

The federation's resources are made up of an annual contribution paid by each regional union in the region. The amount of this contribution may not be less than 5% of the contribution received by each union.

The federation may, where appropriate, receive subsidies and other financial assistance.

However, neither the federation, nor its officers, nor any of its members may solicit or accept on its behalf any assistance which, by its nature or size, would be likely to jeopardise the independence necessary for the accomplishment of the federation's missions.

Article 10

The unions and the federation draw up an annual budget forecasting their income and expenditure.

With the exception of unions with three members, an audit committee, made up of between three and six members of the General Meeting who are not members of the Executive Committee, is elected each year by secret ballot by the General Meeting. It elects its Chairman from among its members.

The General Meeting appoints an auditor to this committee to carry out its duties under the conditions set out in Book II of the Commercial Code.

The committee carries out accounting and financial audits and investigations at any time. At the annual meeting at which the accounts are approved, it submits to the General Meeting a report on the management of the union and the accounts for the financial year, including a detailed statement of income and its origin.

The budget, the annual accounts and the commission's report are sent to the Director General of the Regional Health Agency.

The regional unions may not finance operations unrelated to their mission.

Article 11

Accounts shall be kept showing an annual profit and loss account, a balance sheet and notes to the accounts.

IV. - Supervision and internal regulations

Article 12

The annual report and accounts shall be sent each year to the Director General of the Regional Health Agency.

Article 13

The rules of procedure (the rules of procedure, in strict compliance with the Articles of Association, merely supplement them and should in no way be confused with the rules of procedure provided for in the Labour Code), prepared by the Executive Committee and adopted by the General Meeting, shall be sent to the Regional Health Agency.