French Public Health Code
In forceI.-When a private health care institution is authorised to provide the public hospital service under the conditions defined in article L. 6112-3, its legal representative must bring its articles of association into line no later than the date mentioned in the second paragraph of article R. 6112-2 in order to appoint, from among the members of the associations approved under the conditions provided for in article L. 1114-1, two user representatives and their alternates to sit, with a consultative vote, as appropriate, on the board of directors, the supervisory board or the equivalent body.
The term of office of the user representatives and their alternates is the same as that set for the other members of the Board of Directors, the Supervisory Board or the equivalent body. By way of exception, the representatives thus appointed do not count towards the maximum number of members of the board or supervisory body.
User representatives have access to the same information and documents as other members of the Board of Directors, Supervisory Board or equivalent body.
II - In the absence of a Board of Directors, Supervisory Board or equivalent body, the institution's legal representative is required to consult the users' representatives sitting on the users' committee provided for in article L. 1112-3 on the institution's strategy and management at least twice a year.
The institution's legal representative shall seek the opinion of the users' representatives on documents relating to the institution's strategy and management, in particular on documents concerning the institution's medical and institutional policy, its activity and its financing. The list of these documents is specified by order of the Minister for Health. User representatives have fifteen days from the date of receipt to formulate an opinion.
III - User representatives are bound by an obligation of discretion with regard to information of a confidential nature of which they have become aware through their participation in the governance of the institution.
IV -The institution must make available to the director of the regional health agency the minutes of the collegiate body on which the user representatives sit or, in the absence of such a body, the opinions of the user representatives mentioned in II of this article.
V.-The provisions of this article do not apply to cancer centres other than the Fondation Curie. For these establishments, user representation is organised by the regulatory provisions of Chapter II of Title VI of Book I of Part Six of the present Code.
