Keywords health, public service Division, the official hospital, aid - provider, AGENT DES SERVICES HOSPITALIERS skilled, ASHQ, particular, recruitment, POSITION, secondment, PROMOTION, treatment, REMUNERATION, index, index staging, improvement of career rehabilitation INDICIAIRE, progress JORF n ° 181, August 7, 2007 page 0 text no. 31 Decree No. 2007-1188 dated August 3, 2007 bearing status particular to the body of orderlies and hospital services skilled hospital public service NOR agents : SJSH0757286D
ELI: https://www.legifrance.gouv.fr/eli/decret/2007/8/3/SJSH0757286D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/8/3/2007-1188/jo/texte


Le Premier ministre,
Sur le rapport de la ministre de la santé, de la jeunesse et des sports,
Vu le code de la santé publique ;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 86-33 of January 9, 1986 on the statutory provisions on the public hospital service;
Mindful of Decree No. 89-241 April 18, 1989 amended concerning particular statutes of orderlies and hospital services officers qualified hospital public service;
Considering Decree No. 2003-655 18 July 2003 amended relating to the joint administrative commissions local and departmental hospital public service;
Mindful of Decree No. 2006-227 of February 24, 2006 relating to the Organization of the careers of hospital officials in category C, as amended by Decree No. 2007-836 of 11 May 2007;
Considering Decree No. 2007 - 1191, August 3, 2007, relating to the advancement of rank in some body of the public hospital service;
Having regard to the opinion of the High Council of the function public hospital dated February 22, 2007;
The Council of State (social section) heard, enacts as follows: Chapter I: General provisions Article 1 it is created a body of orderlies and hospital services qualified under the public hospital service officers. This body, to which apply the provisions of the Decree of 24 February 2006 referred to above, is classified in category C provided for in article 4 of the Act of 9 January 1986 referred to above.


Article 2 the orderlies and hospital services skilled officers perform their duties in the establishments referred to in article 2 of the law of 9 January 1986 referred to above.


Article 3 the body of orderlies and hospital services skilled agents includes:-carers, childcare auxiliary, medical and psychological aid.
-skilled hospital services agents.


Article 4 health assistants and childcare auxiliary collaborate in nursing care under the conditions defined in article r. 4311-4 of the code of public health.
Carers can, in addition, be responsible for the service of deceased persons, the home of the families in mortuary Chamber and the preparation of medical activities on the body of the deceased, after adaptation to employment training, which the duration and modalities of organization and validation are laid down by an order of the Minister responsible for health.
Nurse exercising the functions of medical and psychological help participate in educational tasks under the responsibility of the educator or any other technician formed for this purpose. They work in nursing, under the conditions defined in article r. 4311-4 of the code of public health.
Qualified hospital services officers are responsible for the maintenance and health care facilities and participate in tasks to ensure the comfort of patients. They also perform work that requires prophylaxis of contagious diseases and ensure the disinfection of the premises, the clothing and equipment as such, contribute to the maintenance of hospital hygiene.


Article 5 orderlies fulfilling the caregiver, auxiliary childcare or medical and psychological help are classified into three grades:-caregiver of normal class, falling 4 pay scale;
-caregiver's upper class, under 5 pay scale;
-caregiver of exceptional class, under 6 pay scale.
Hospital services skilled agents are classified into a single grade of 3 pay scale.

Chapter II: Recruitment Section I: section 6 attendants learn more on this article...

The attendants are recruited as a caregiver, auxiliary childcare or medical and psychological assistance: 1 ° among students assistants, holders or graduates as a professional caregiver, or the professional degree of auxiliary childcare or the State diploma of using psychological as well as holders of a certificate of fitness to the caregiver or childcare auxiliary functions, issued under the conditions laid down in articles R. 4383-7 R. 4383-8, r. 4383-9, R. 4383-13, R. 4383-14 and R. 4383-15 of the code of public health;
2 ° within the limits of the jobs which cannot be filled in under the provisions of 1 °, 3 ° and 4 ° of this article, by competition open to candidates from one of the titles mentioned in the 1 ° above; securities
3 ° for 25% in the over recruitment this year, among the agents qualified hospital services, comprising at least eight years of functions in that grade, admitted, after professional selection and opinion of the joint administrative Committee competent to follow a training preparing them for these functions, which has been validated.
This validation, this selection, and this training modalities are fixed by order of the Minister responsible for health.
4 ° A failure among people successfully, after 1971, in consideration of passage from first in the second year of the diploma of State, nurse or after 1979 diploma nurses in psychiatric sector.


Article 7 the nurse students are recruited: 1 ° among recognized suitable candidates to follow preparatory education to any securities mentioned in the 1 ° of article 6;
2 ° at a rate of 35% of the workforce in training among the agents of hospital services skilled comprising at least three years of functions in that capacity and subject of a professional selection and an opinion of the competent joint administrative commission; where appropriate, this ceiling may be exceeded when the procedure laid down in the 1 ° of this article failed to provide 65% of high caregiver jobs.
Detailed rules for the application of the foregoing provisions are established by order of the Minister responsible for health.
Candidates recruited under this section are required to follow preparatory education to any securities referred to in 1 ° of article 6. Any student had not obtained the required average to validate training is allowed on the jury's decision, to present once again those modules which it fails, under conditions fixed by Decree of the Minister of health. If it fails, he is reinstated in his original body was hospital official, an official of the State or territorial official. It can be confirmed in the rank of officer qualified hospital services or as an agent of service were not officials. For the duration of their schooling, students assistants have trainee officials. They perceive a remuneration fixed by joint order of Ministers responsible for health and the budget. However, students who were officials of the State, territorial officer or hospital employee are placed in the position of detachment and receive the remuneration which they enjoyed in their original body.


Article 8 more on this article...

I. - The attendants who were recruited under the conditions laid down in 1 ° of article 6 are appointed and tenured at the 1st step of the grade of the normal class, subject to the provisions of the IV of the same article and the provisions of articles 3 to 7-1 of the Decree of 24 February 2006 referred to above.
II. - The attendants recruited in accordance with 3 ° of article 6 are appointed in the rank of the normal class in the conditions laid down by the Decree of 24 February 2006 referred to above. They are tenured at the end of an internship for a period of a year, including a period of training, if this internship is considered satisfactory.
III. - The attendants recruited under the conditions laid down in 2 ° and 4 ° of article 6 are appointed at the 1st step of the grade of the normal class, subject to the benefit of the resumption of services previously performed under the conditions laid down in this section I. They are tenured after an internship for a period of one year, if this internship is considered satisfactory.
IV. - The duration of the internship is taken into account for the advancement in the limit of a year.
Candidates whose services have not given satisfaction may, after receiving the opinion of the joint administrative commission, be allowed to perform an additional internship for a maximum of one year. If the supplementary internship has been satisfactory, the persons concerned are tenured.

Candidates who were not allowed to perform an additional internship or the complementary internship was not judged satisfactory are either redundant, if they had not previously officials, be reintegrated into their original body if they were hospital staff, is given to the provision of their administration of origin if they were officials of the State or territorial officials.
V. - The attendants mentioned in article 3, which, prior to their recruitment, were employed and paid as a civil servant or public official, in public or in a social welfare institution or medical public health facility or as an employee in an establishment of private health or social or medico-social institution private in a medical laboratory or a firm of Radiology , in functions corresponding to those in which they are named, benefit, during their appointment in a job, resumed event of equal seniority to the whole of the duration of the services referred to above, provided that they justify that they possessed the qualifications referred to 1 ° of article 6 or the training referred to 3 ° of article 6 of this Decree, required for the exercise of these functions.
Demand for resumption of seniority, together with all supporting documents, must be submitted within a period of six months from the appointment.


Article 9 the opinion on: 1 ° the number of vacant or likely to be caregiver jobs;
2 ° the recruitment of student nursing assistant;
3 ° competition under 4 ° of article 6 are published, by posting, in the premises of the institution and in the prefecture and the subprefectures of the Department. They can also be displayed in local agencies for the employment of the National Agency for employment within the Department or be brought to the attention of the public by any other means of information. They are published in the recueil des actes of the prefecture in the Department where the posts are to be filled.

Section II: Qualified hospital services Article 10 officers qualified hospital services officers are recruited to fill vacancies for a year after registration on a list in each institution by the authority vested with the power of appointment. No titles or degrees condition is required.
The recruitment of qualified hospital service subject to prior advertising that meets the following conditions.
Recruitment notices are displayed, two months at least before the date limit for submission of the applications, the premises of the institution and in the prefecture and the subprefectures of the Department. They can also be displayed in local agencies for the employment of the National Agency for employment within the Department or be brought to the attention of the public by any other means of information. These notices indicate the number of posts to be filled and the date limit for submission of the applications and mention that only will be summoned to maintenance provided below previously successful candidates by the commission referred to in this article.
They are published in the recueil des actes of the prefecture in the Department where the posts are to be filled.
The selection of candidates is entrusted to a commission, composed of at least three members, which at least is external to the institution in which the jobs are to be filled. The members of this Committee are appointed by the appointing authority of the power of appointment. In university hospitals and regional health centres, this authority may decide to set up several commissions.
The candidate's file contains an application letter and a detailed curriculum vitae with training taken and occupied jobs and specifying the duration. At the end of the examination of each candidate's file, the commission hears ones it has screened. The hearing is public. The commission pronounces taking, inter alia, into account professional criteria. At the end of the hearings, the commission shall, by order of fitness, the list of the candidates declared fit. This list may contain a number of candidates than vacancies. The candidates are appointed in the order of the list. In the event of cessation of a candidate, appeal is made to the first candidate remaining on the list. If one or more is not originally in the number of posts open to recruitment vacancies, the appointing authority of the power of appointment may appeal to candidates appearing on the list in the order of. Suitable declared candidates list remains valid until the date of opening of the following recruitment.
Staff recruited in accordance with the provisions set out above are subject to the provisions applicable to trainee officials of the public hospital service as well as the provisions of article 11 of this Decree.


Article 11 nominees as qualified hospital service should an internship for a period of one year at the end of which they are tenured if this internship gave satisfaction.
For the duration of the internship, interested parties are ordered to the 1st step in their grade, subject to the provisions of articles 3 to 7-1 of the Decree of 24 February 2006 referred to above. The duration of the internship is taken into account for the advancement in the limit of one year.
Candidates whose services have not given satisfaction may, after receiving the opinion of the joint administrative commission, be allowed to perform an additional internship for a maximum of one year. If the supplementary internship has been satisfactory, the persons concerned are tenured.
Candidates who were not allowed to perform an additional internship or the complementary internship was not judged satisfactory are either dismissed if they had not previously officials, be reintegrated into their original body if they were hospital staff, is given to the provision of their administration of origin if they were officials of the State or territorial officials.


Article 12 to allow access of agents of hospital services skilled into the rank of caregiver, their training should be organised in all institutions. Taking into account the functional needs of the latter, this training will continue so that the number of officers qualified hospital services does not exceed one-third of that of the nurse.

Chapter III: Progress Article 13 may be promoted in each institution, in the rank of the upper class of caregiver, under the conditions laid down in 1 ° of section 69 of the Act of 9 January 1986 referred to above, the normal class attendants who have attained at least the 5th step in their grade and with at least six years employed in their grade.
Can be promoted in each institution, in the grade of the class outstanding caregiver, under the conditions laid down in 1 ° of section 69 of the Act of 9 January 1986 referred to above, the upper class attendants with at least two years ' seniority in the 6th step of their grade and with at least five years employed in their grade.


Article 14 the number of promotions delivered in each of the grades mentioned in article 13 is calculated, each year, in each settlement, under conditions laid down in article 1 of Decree No. 2007 - 1191, on August 3, 2007, referred to above.

Chapter IV: Secondment Article 15 may be detached in body health assistants and agents of hospital services skilled acting as caregiver officials of one of degrees or diplomas referred to in 1 ° of article 6 of this Decree.
Can be detached in the body of the attendants and agents of hospital services skilled qualified hospital service civil servants belonging to a body acting, framework or job classified in the same category.
The detachment is pronounced equivalence of grade and level with an index equal or, failing that, immediately higher than that held by the person concerned in his grade of origin.
The seconded officers retain, within the limits of the average seniority required for promotion to the higher level, the seniority acquired in his previous rank when the increase of treatment due to his detachment is less than or equal to that which would have resulted of a step in rank of origin or that resulted from his promotion to the last level where it has already reached the terminal step in his grade of origin.
Officials placed in the position of detachment in the body of orderlies and hospital services skilled agents compete for the advancements of level and rank in the same conditions as staff members of this body.


Article 16 officials placed in the position of detachment for a year can be, on their request, integrated into the body of orderlies and hospital services skilled agents, after opinion of the joint administrative Committee.
They are appointed to the grade and level they occupy position of detachment with retention of seniority acquired in the level.
Services performed in the body, framework for employment or employment of origin are assimilated to made in the body of integration services.

Chapter V: Transitional provisions and final Article 17

Officials belonging to the body of nurse under the provisions of the Decree of 18 April 1989 referred to above are integrated, in accordance with the provisions of article 18 of this order, in the body of orderlies and hospital services skilled officers.
Officials belonging to the corps of agents of hospital services qualified under the provisions of the Decree of 18 April 1989 referred to above are integrated, to the date of entry into force of this Decree, in the body of orderlies and hospital services skilled agents, in the rank of qualified hospital service, identity of echelon. They retain, within the limits of the average length of service required for access to the top of the new grade, seniority in step step that they had acquired in their previous grade.
Services performed by these staff members in each of their original body are assimilated to made in the body of integration services.


Article 18 i. - Attendants integrated into the body of orderlies and hospital services skilled agents are classified in this body under the conditions set out in the table below: you can consult the table in OJ n ° 181 of the 07/08/2007 text number 31 reclassification is made, after the opinion of the joint administrative commission, in two yearly instalments , the first effective June 25, 2007 and the second effective January 1, 2008. As reclassification to preserve antiquity owned by carers in the level of origin in proportion to the duration in the level for reclassification when related index provides a gain of less than would have given them a date of increment in the scale of remuneration.
II. - The orderlies who received an advancement in rank, as of 2007, cannot be simultaneously reclassified in the first instalment under the I.


Article 19 until their reclassification in the conditions laid down in the preceding article, the nurse shall remain subject to the provisions of the Decree of 18 April 1989 referred to above and remain 3, 4 and 5 pay scales.


Article 20 the probationary officials in their original body continue their internship in the body of integration.


Article 21 the tables of progress established under title of 2007 for access to grades for advancement in the body of the attendants remain valid for promotion in the equivalent grades of the body of orderlies and hospital services skilled officers.


Article 22 the administrative commission paritaire n ° 8 referred to in the annex to the Decree of July 18, 2003 referred to above is competent for public servants belonging to the body of orderlies and hospital services skilled officers.


Article 23 Decree of 18 April 1989 referred above is repealed on December 31, 2008.


Article 24 the Minister of health, youth and sports, the Minister of budget, public accounts and public service and the Secretary of State for public service are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, on August 3, 2007.
François Fillon Prime Minister: the Minister of health, youth and sport, Roselyne Bachelot-Narquin Minister of budget, public accounts and public service, Eric Woerth André Santini, Secretary of State in charge of public service