French Public Health Code
In forceThe Director, who chairs the Executive Board, is responsible for the general policy of the institution. He represents the institution in all civil acts and acts in legal proceedings on behalf of the institution.
The Director is competent to settle the affairs of the institution other than those listed in 1° to 15° and other than those falling within the remit of the Supervisory Board listed in article L. 6143-1. It takes part in the meetings of the Supervisory Board. He carries out its deliberations.
The Director has the power to make appointments within the institution. He proposes the appointment of deputy directors and directors of care to the director general of the Centre national de gestion. The competent joint administrative committee issues an opinion on these proposals. On a proposal from the head of the department or, failing that, the head of the internal structure, and after receiving the opinion of the chairman of the establishment's medical committee, he proposes to the general manager of the National Management Centre the appointment and the search for the assignment of the medical, pharmaceutical and odontological staff mentioned in 1° of article L. 6152-1 under the conditions set by regulation. The opinion of the president of the establishment's medical commission is communicated to the director general of the Centre national de gestion.
The Director exercises his authority over all staff in compliance with the ethical and professional rules applicable to the health professions, their responsibilities in the administration of care and the professional independence of practitioners in the practice of their art.
The Director is the authorising officer for the establishment's expenditure and revenue. He has the power to enter into agreements. He may delegate his signature under conditions determined by decree.
By way of derogation, the director of the grouping's support institution exercises these powers on behalf of the healthcare institutions that are party to the regional hospital grouping, for all the activities mentioned in article L. 6132-3.
The director of the establishment or of the support establishment for the grouping may delegate his powers to a member of the management team in application of 5° of II of article 25 bis of law no. 83-634 of 13 July 1983 on the rights and obligations of civil servants if he considers that he is in a conflict of interest situation within the meaning of the same article 25 bis. He shall inform the Supervisory Board and, where applicable, the Supervisory Boards of the other healthcare institutions belonging to the grouping.
After consultation with the Management Board, the Director :
1° Concludes the multi-annual contract referred to in Article L. 6114-1 ;
2° Decides, jointly with the chairman of the establishment's medical commission and in liaison with the chairman of the nursing, rehabilitation and medico-technical care commission, on the policy for continuous improvement in the quality, safety and appropriateness of care, as well as on the conditions for receiving and caring for users;
3° Approves the single social report and defines the terms of a profit-sharing policy;
4° Determines the investment programme after consultation with the establishment's medical committee and the nursing, re-education and medico-technical committee for medical equipment;
5° Determines the statement of projected income and expenditure provided for in article L. 6145-1, the overall multi-annual financing plan and the proposed tariffs for the services mentioned in article L. 174-3 of the Social Security Code and, where appropriate, those for social and medico-social activities;
6° Drafts the financial statements and submits them to the Supervisory Board for approval;
7° Determines the internal organisation of the establishment. In the case of clinical and medio-technical activities, the Director and the Chairman of the establishment's Medical Commission jointly decide on the internal organisation and jointly sign the activity centre contracts in application of Article L. 6146-1 ;
8° May propose to the Director General of the Regional Health Agency, as well as to other establishments and health professionals, the creation of and participation in one of the forms of cooperation provided for in Title III of Book I of this Part or the coordination support mechanisms and specific regional mechanisms mentioned in Articles L. 6327-2 and L. 6327-6;
9° Concludes acquisitions, disposals, exchanges of buildings and their allocation as well as leases of more than eighteen years;
10° Concludes long leases pursuant to article L. 6148-2, partnership contracts pursuant to article 19 of order no. 2004-559 of 17 June 2004 on partnership contracts and rental agreements pursuant to article L. 6148-3;
11° Submits the establishment project to the Supervisory Board;
12° Concludes the public service delegations mentioned in article 38 of law no. 93-122 of 29 January 1993 on the prevention of corruption and the transparency of economic life and public procedures;
13° Adopts the establishment's internal regulations;
14° In the absence of an agreement on the organisation of work with the trade unions representing the staff of the establishment, decides on the organisation of work and rest periods;
15° Submits the recovery plan referred to in the first paragraph of Article L. 6143-3 to the Regional Health Agency;
16° Approves the plan detailing the measures to be implemented in the event of an event leading to disruption in the organisation of care, particularly during exceptional health situations, as referred to in Article L. 3131-7;
17° Submits to the Supervisory Board the acquisitions of equity interests and the creation of subsidiaries referred to in Article L. 6145-7.
18° Defines, after consultation with the chairman of the establishment's medical commission, the conditions for carrying out and supervising activities involving the presentation, information or promotion of health products or training in their use, particularly with a view to compliance with the charters mentioned in articles L. 162-17-8 and L. 162-17-9 of the Social Security Code.
The conditions of application of this article, relating to the procedures for consulting staff representative bodies, are set by decree.
