French Public Health Code
In forceThe Supervisory Board is composed as follows
1° No more than five representatives of the local authorities, their groupings or the metropolitan area, appointed from among their members by the decision-making bodies of the local authorities, their groupings or the metropolitan area, including the mayor of the municipality in which the main establishment is located or his representative, the chairman of the departmental council or his representative or, in Corsica, the chairman of the executive council or his representative and the chairman of the metropolitan area or his representative, including in the metropolitan areas of Greater Paris, Lyon and Aix-Marseille-Provence;
2° No more than five representatives of the medical and non-medical staff of the public institution, including one representative elected from among the members of the nursing, re-education and medico-technical care committee, the other members being appointed in equal numbers respectively by the institution's medical committee and by the most representative trade union organisations, taking into account the results obtained in the elections to the institution's social committee;
3° A maximum of five qualified persons, including two appointed by the Director General of the Regional Health Agency and three, including two user representatives within the meaning of Article L. 1114-1, appointed by the State representative in the department.
The number of members in each college is identical.
The Supervisory Board elects its chairman from among the members mentioned in 1° and 3°. The vice-chairman of the Management Board attends meetings of the healthcare institution's Supervisory Board in an advisory capacity.
The deputy for the constituency in which the head office of the public health institution is located and a senator elected in the department in which the head office of the public health institution is located, appointed by the Senate's standing committee on social affairs, may attend meetings of the supervisory board in an advisory capacity.
The mayor of the municipality in which a public health institution that has merged or been placed under joint management with the main institution is located, or his representative, may also attend meetings of the supervisory board in an advisory capacity, without being included in the college referred to in 1°.
The Director General of the Regional Health Agency attends meetings of the Supervisory Board in an advisory capacity.
The representative of the structure responsible for ethical reflection within public health institutions, where such a structure exists, attends meetings of the Supervisory Board in an advisory capacity.
The Director General of the Regional Health Agency may ask to be provided with any records, documents or archives and carry out or arrange for any checks to be carried out for the purposes of his control pursuant to articles L. 6116-1, L. 6116-2 and L. 6141-1.
The Director General of the Regional Health Agency may request that any item be included on the agenda.
The director of the health insurance fund designated in application of the first paragraph of article L. 174-2 of the Social Security Code attends meetings of the Supervisory Board in an advisory capacity.
In the university hospital centres mentioned in article L. 6141-2, the director of the medical training and research unit or the chairman of the medical education coordination committee attends meetings of the Supervisory Board in an advisory capacity.
In establishments providing long-term care or managing an accommodation establishment for the elderly mentioned in 6° of the I of article L. 312-1 of the Code de l'Action Sociale et des Affaires, a representative of the families of the people cared for attends meetings of the Supervisory Board in an advisory capacity.
The number of Supervisory Board members per category, their term of office, the procedures for their appointment and the Supervisory Board's operating procedures are set by decree.
