Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity,
In view of the Public Health Code;
In view of Directive 92 /51/EEC of the Council of European Communities of 18 June 1992;
Given the law N ° 83-634 of 13 July 1983 as amended bearing the rights and obligations of civil servants, together with the amended Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service;
Having regard to Decree No. 88-1077 of 30 November 1988 amending the special status of nursing staff in the hospital public service;
In light of Decree No. 89-609 of 1 September 1989 amending the special statutes of the staff of reeducation of the function Hospital public;
In light of Decree No. 89-613 of 1 September 1989 amending the specific statutes of medical personnel of the hospital public service;
Having regard to Decree No. 2007-837 of 11 May 2007 laying down the provisions Common statutes applicable to the bodies of officials of category B of the hospital public service;
Having regard to the opinion of the Higher Council of the Hospital Civil Service of 27 March 2007;
The Council of State (section Social) heard,
overwrite:
At the end of Article 1 of Decree No. 88-1077 of 30 November 1988, after the words:" The nursing body ", are added the words:" The provisions of Decree No 2007-837 of 11 May 2007 laying down common statutory provisions applicable to the bodies of officials of category B of the hospital public service ".
Section 4 of the Order is thus amended:
I.-In II, after the words: " The nursing state diploma ", are added the words:" , or authorization to practise the nursing profession, ".
II. -Added a III as follows:
" III. -A bonus of six months' seniority shall be granted to nurses classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of Article 5 of the Decree shall be replaced by the following:
" The proportion of nurses in the upper class compared to the total number of nurses is set as follows:
34 % as from 1 July 2007;
37 % as from 1 January 2008;
40 % as from 1 January 2009. "
Article 23 of the same decree is thus amended:
I.-The first paragraph shall be preceded by the figure" I " And the second paragraph shall be preceded by the figure " II ".
II. -In the first paragraph, after the words: Articles 4, 9, 14 and 19 "are added the words:" And article 4, paragraph III " And the words: " In the following subparagraph and in Article 23-I " Are replaced by: " To II or III ".
III. -Added a III as follows:
" III. -Agents appointed in the body of nurses governed by this Decree who previously had the status of civil servant or non-incumbent are reclassified under the conditions laid down in Decree No. 2007-837 of 11 May 2007 referred to in Article 1. "
Section 23-1 of the Order is repealed.
The last paragraph of I of section 24 of the Order is replaced by the following:
" An officer who cannot be certified is either dismissed if he or she did not previously have the status of civil servant, or reinstated in his or her original body or framework of employment. "
In Article 26 of the same decree, the words: During their tenure " Are replaced by the words: " When they are appointed ".
Article 27 of the same decree, after the words:" Articles 4, 9, 14 or 19 "are added the words:" Section 4 ".
Section 36 of the Order is replaced by the following:
" Article 36. -I.-may be seconded to one of the bodies governed by this Decree the staff members of a nursing corps or cadre of nurses.
The detachment is pronounced at a grade level and at the level with an equal index or, at Failure, immediately above that held by the person concerned in his or her rank of origin.
The seconded official shall retain, within the limits of the average seniority required for promotion to the higher level, the seniority acquired in His previous rank when the salary increase following his secondment is less than or equal to that which would have resulted from a graduation in his or her rank of origin or that which resulted from his promotion to the last increment When it has already reached the terminal level of its original grade.
Staff members placed in the position of detachment in one of the bodies mentioned in this Decree shall contribute to the graduation and grade levels under the same conditions That the employees of these bodies.
II. -Officials placed in positions of secondment for at least three years in one of the bodies governed by this Decree may be integrated into the detachment body, upon their request after the opinion of the Administrative Committee
They are appointed to the rank and level they held in the position of secondment with the retention of seniority acquired at the level.
Services performed in the body, employment or employment of origin are assimilated to Services performed in the Integration Body. "
I. -In Article 37 of the same decree, after the words: Articles 4, 9, 14 and 19 "are added the words:" And III of Article 4 ".
II. -Article 39-I of the same decree, after the words: Articles 4, 9, 14 and 19 "are added the words:" And III of Article 4 ".
In the first paragraph of Article 1 of Decree No. 89-609 of 1 September 1989, after the words:" In seven bodies classified as category B ", are added the words:" To which the provisions of Decree No. 2007-837 of 11 May 2007 laying down common statutory provisions applicable to the bodies of officials of category B of the hospital public service are also applicable
Section 2 of the Order is amended as follows:
I.-In the first paragraph, The words: " Of pedicure issued pursuant to Article L. 496 " Are replaced by the words: " Of a pedicure-poorologist issued pursuant to Article L. 4322-4 or L. 4322-5 ".
II. -Paragraph 2 is deleted.
A Article 4 of the same order:
I.-The first paragraph shall be preceded by the figure " I ".
II. -After this paragraph, the following paragraph is inserted:
" II. -A bonus of six months' seniority is granted to pedicures-chiropoeals classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement at the top level. "
The second paragraph of section 5 of the Order is replaced by the following:
" The proportion of upper-class podiatrists compared to the total number of podiatrists' bodies is set as follows:
34 % as of 1 July 2007;
37 % as of 1 January 2008;
40 % at From 1 January 2009. "
Section 7 of the same order is modified as follows:
I.-First Paragraph after the words: " The state diploma of massage therapist ", are added the words:" Or one of the authorizations to exercise referred to in Articles L. 4321-4 to L. 4321-6 of the Code of Public Health
. -Paragraph 2 is deleted.
In Article 9 of the same decree, a III is added as follows:
III. -A bonus of six months' seniority is granted to the physiotherapists classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of Article 10 of the Decree shall be replaced by the following:
" The proportion of the upper class physiotherapists compared to the total body size of the physiotherapists is set as follows:
34 % as of July 1, 2007;
37 % as of January 1, 2008;
40 % effective January 1, 2009.
Article 12 of the same decree is thus Modified:
I.-In the first paragraph, the words: " , as well as to candidates meeting the conditions laid down in Article 2 (2) of the aforementioned decree of 21 November 1986 " Are replaced by the words: " Or one of the authorizations to exercise referred to in Articles L. 4331-4 or L. 4331-5 of the Public Health Code
. -Paragraph 2 is deleted.
In Article 14 of the same decree, it is added a III so written:
" III. -An increase of six months' seniority is granted to occupational therapists classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of section 15 of the Order is replaced by the following:
" The proportion of occupational therapists in the upper class compared to the total number of occupational therapists is set as follows:
34 % as of 1 July 2007;
37 % as from 1 January 2008;
40 % from 1 January 2009.
Section 17 of the Order is thus amended:
I.-In the first paragraph, after the words: The state diploma of psychomotor ", are added the words:" Or one of the authorizations to exercise mentioned in Articles L. 4332-4 or L. 4332-5 of the Public Health Code ".
II. -Paragraph 2 is deleted.
In Article 19 of the Decree, a III is added as follows:
III. -A bonus of six months' seniority shall be granted to psychomotricians classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of Article 20 of the Decree shall be replaced by the following:
" The proportion of the psychomotricians of the upper class compared to the total number of the psychomotor corps is set as follows:
34 % as from 1 July 2007;
37 % as from 1 January 2008;
40 % from the date of January 1, 2009.
Section 22 of the Order is thus amended:
I. In the first paragraph, the words: " The training and medical research units or joint training and research units, medical and pharmaceutical, established by Decree No. 66-839 of 10 November 1966 " Are replaced by the words: " The universities entitled to this effect in accordance with the provisions of the amended decree of 16 May 1986 on studies for the certificate of speech-language pathologist '.
II. -Paragraph 2 is deleted.
In Article 24 of the same decree, a III is added as follows:
III. -An increase of six months' seniority shall be granted to speech-language pathologists classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of section 25 of the Order is replaced by the following:
" The proportion of upper-class orthophonists in relation to the total number of speech-language pathologists is set as follows:
34 % as of July 1, 2007;
37 % as of January 1, 2008;
40 % as of 1st January 2009.
Section 27 of the Order is amended as follows:
I. - In the first paragraph, the words: Issued by the joint medical and pharmaceutical training and research units established by the decree of 11 August 1956 " Are replaced by the words: " Referred to in Article L. 4342-3 of the Public Health Code or an exercise authorisation issued pursuant to Article L. 4342-4 of the same Code. "
II. -Paragraph 2 is deleted.
In Article 29 of the same decree, a III is added as follows:
" III. -An increase of six months' seniority shall be granted to the orthopers classified at the 2nd step of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of section 30 of the Order is replaced by the following:
" The proportion of upper-class orthopters relative to the total number of the orthopist corps is set as follows:
34 % as of July 1, 2007;
37 % as of January 1, 2008;
40 % as of 1st January 2009.
Paragraph 2 of Section 32 of the Order is Deleted.
In section 34 of the Order, a III is added as follows:
" III. -A bonus of six months' seniority shall be granted to dieticians classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of section 35 of the Order is replaced by the following:
" The proportion of dieticians in the upper class compared to the total number of dieticians is set as follows:
34 % as from 1 July 2007;
37 % as from 1 January 2008;
40 % as of 1st January 2009.
In Article 37 of the same decree, The words: " The competitions provided for in Articles 2, 7, 12, 17, 22, 27 and 32 shall be open " Are replaced by the words: " The competition under Article 7 shall be open ".
I. -Article 38 of the same decree is thus amended;
1 ° In the first subparagraph, it is added, after the words: Subject to the provisions of paragraph II, the words: " Of Article 4 and paragraphs II and III ', and the words' In the following subparagraph and in Article 38-1 " Are replaced by the words: " By Decree No. 2007-837 of 11 May 2007 referred to in Article 1.
2 ° Paragraphs 2 and 3 are deleted.
II. -Section 38-1 is repealed.
The last paragraph of section 39 of the Order is replaced by the provisions Following:
" An officer who cannot be certified is either dismissed if he or she did not previously have the status of civil servant, or reinstated in his or her original body or framework of employment. "
Article 41 of the same decree, the words:" During their tenure " Are replaced by the words: " When they are appointed ".
In section 42 of the Order, after the words:" II seniority bonus ", are added the words:" Article 4 and II and III ".
Article 49 of the same decree, the words: Of the various bodies mentioned in Title I of this Decree " Are replaced by the words: " In the body of massage therapists ".
Section 50 of the Order is replaced by the following provisions :
" I.-may be seconded to one of the bodies governed by this Decree officials belonging to a body or framework of equivalent employment and justifying one of the titles required for access to these
. Equivalence of rank and level with an equal index or, failing that, immediately greater than that held by the person in his or her original rank.
The posted employee retains, within the average length of time required for a Promotion to the next level, seniority acquired in his previous rank when the salary increase following his or her secondment is less than or equal to that which would have resulted from a graduation in his grade Of origin or the one which has resulted from its promotion to the last echelon when it has already reached the terminal step of its original grade.
Employees placed in positions of detachment in one of the bodies governed by this Decree shall contribute For step and grade advancement under the same conditions as employees in this body.
II. -Officials placed in positions of secondment for at least three years in one of the bodies governed by this Decree may be integrated into the detachment body, upon their request after the opinion of the Administrative Committee
They are appointed to the rank and level they held in a secondment position with retention of seniority acquired at the level.
Services performed in the body, employment framework or employment of origin are Assimilated to services performed in the integration body. "
I. -In Article 51 of the same decree, after the words: Provisions of the II " Are added the words: " Of Articles 4 and II and III ".
II. -In Article 53 of the same decree, after the words: Seniority subsidies referred to in II " Are added the words: " Section 4 and II and III ".
In the first paragraph of Article 1 of Decree No. 89-613 of September 1, 1989, after the words: " Category B ", are added the words:" , to which also apply the provisions of Decree No 2007-837 of 11 May 2007 laying down the common statutory provisions applicable to the bodies of officials of category B of the hospital public service, '
In the first subparagraph of Article 3 The same order, after the words: " Hospital pharmacy preparer diploma " Are added the words: " Authorisation to practise the profession of preparation of a hospital pharmacy for nationals of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area.
In section 5 of the Order, it is added a III as follows:
" III. -An increase of six months' seniority shall be granted to preparers in hospital pharmacy classified at the 2nd step of the normal class, within the limit of the average length of service remaining required for promotion to the next level. "
The second paragraph of section 6 of the Order is replaced by the following:
" The proportion of preparers in the upper-class hospital pharmacy in relation to the total strength of the body of the preparers in hospital pharmacy is set as follows:
34 % as from 1 July 2007;
37 % from the January 1, 2008;
40 % effective January 1, 2009.
Article 11 of the same Order is replaced by the following:
" I.-Laboratory technicians shall be recruited by way of a competition on titles open in each institution to candidates holding one of the titles or diplomas on a list fixed by order of the Minister responsible for health
Decree of the same minister establishes the composition of the jury and the organisational arrangements for this
. -Persons holding an authorisation for the exercise of the profession of laboratory technician, pursuant to the order adopted pursuant to Directive No 92 /51/EEC of the Council of the European Communities of 18 June 1992, The list of qualifications required of persons employed as technicians in a laboratory for medical examinations may also be recruited under the conditions laid down in the first paragraph of this Article. "
In section 13 of the Order, a III is added as follows:
" III. -A bonus of six months' seniority shall be granted to laboratory technicians classified at the 2nd echelon of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of Article 14 of the Decree shall be replaced by the following:
" The proportion of senior laboratory technicians relative to the total number of laboratory technicians is set as follows:
34 % as of July 1, 2007;
37 % as of January 1, 2008;
40 % effective January 1, 2009. "
Article 18 of the same decree, the words:" Ascribs the aforementioned decree of 17 July 1984 " Are replaced by the words: " Articles R. 4351-1 to R. 4351-6 of the Public Health Code ".
The first paragraph of Article 19 of the same Order is replaced by the following:
" Medical electroradiology handlers shall be recruited by competition on open securities, in each institution, to candidates holding the state diploma of medical electroradiology manipulator, or to the patent of a superior technician Medical electroradiology, or the diploma of a senior technician in medical imaging and therapeutic radiology, or an exercise authorisation issued pursuant to Article L. 4351-4 of the Public Health Code. "
Section 20 of the Order is amended as follows:
I.-After the words:" The body of electroradiology manipulators " Is added the word: " Medical ".
II. -After the words: The rank of an electroradiology manipulator " Is added the word: " Medical ".
III. -After the words: And rank " Are added the words: " Medical electroradiology manipulator ".
In section 21 of the Order, a III is added as follows: :
" III. -An increase of six months' seniority shall be granted to medical electroradiology handlers classified at the 2nd step of the normal class, within the limit of the average length of service remaining required for advancement to the next level. "
The second paragraph of section 22 of the Order is replaced by the following:
" The proportion of upper-class medical electroradiology manipulators relative to the total body of medical electroradiology handlers is set as follows:
34 % as of July 1, 2007;
37 % at Effective January 1, 2008;
40 % effective January 1, 2009. "
In Article 24 of the same decree, the words: The competitions provided for in this Decree shall be open " Are replaced by the words: " The competition under Article 19 shall be open ".
I. -In the first paragraph of Article 25 of the Decree, after the words: Of paragraph II " Are added the words: " And III ".
II. -The last paragraph of Article 25 of the Decree shall be replaced by the following:
" Agents who previously had the status of civil servant or non-incumbent are reclassified under the conditions laid down in Decree No. 2007-837 of 11 May 2007 referred to in Article 1. "
III. -Section 25-1 of the Order is repealed.
The last paragraph of section 26 of the Order is replaced by the The following provisions:
" An officer who cannot be certified is either dismissed if he or she did not previously have the status of civil servant, or reinstated in his or her original body or framework of employment. "
In the first paragraph of Article 28 of the Decree, after the words:" Provided in II ", are added the words:" And III ".
I. -Section 36 of the Order is replaced by the following:
" Posted in one of the Category B bodies governed by this Decree, officials belonging to an equivalent body or employment framework and justifying one of the titles required for access to these bodies.
The detachment is At a grade equivalent level and at the level with an equal index or, failing that, immediately above the level held by the person in the grade of origin.
The posted employee retains, within the average seniority required For a promotion at the top level, the seniority of the step acquired in his previous rank when the increase in salary following his secondment is less than or equal to that which would have resulted from a step-up in his Rank of origin or the one that resulted from his promotion to the last step when he or she has already reached the terminal step of his or her original rank.
Employees placed in positions of detachment in one of the bodies governed by this Order Compete for level and grade advancement under the same conditions as public servants in this corps. "
II. -The first paragraph of Article 37 of the Decree shall be replaced by the following:
" Officials placed in a posting position for at least three years in one of the bodies governed by this Decree may be integrated into the detachment body, upon their request, after the opinion of the Administrative Committee
They are appointed to the rank and level they held in the position of secondment with the retention of seniority acquired at the level.
Services performed in the body, employment or employment of origin are assimilated to Services performed in the Integration Body. "
III. -In the last paragraph of Article 37, after the words: Of the provisions of II ", are added the words:" And III ".
Article 39 of the same decree, after the words:" Seniority bonuses referred to in II "are added the words:" And III ".
The bonus of six Period laid down in the II of Article 2 and Articles 13, 16, 19, 22, 25, 28, 31, 43, 46 and 51 shall be granted, as from 1 July 2007, to the trainees and officials, in the position of activity or secondment, classified at the 2nd step of the The normal class, within the limit of the average length of service that is required for advancement at the top level.
The Minister of Economy, Finance and Industry, the Minister of Public Service, the Minister of Health and Solidarity, and the Minister Delegate to the Budget and State Reform, Government Spokesperson, are responsible for each As regards the execution of this Decree, which will be published in the Official Journal of the French Republic
Done at Paris, 15 May 2007.
Dominica De Villepin
By the Prime Minister:
The Minister of Health and Solidarity,
Philippe Bas
The Minister of the Economy,
Finance and Industry,
Thierry Breton
The Minister of the Public Service,
Christian Jacob
The Minister for the
Budget and the State Reform,
Government Spokesperson,
Jean-François Copied
