Key Benefits:
The Prime Minister,
On the report of the Minister of Defence, the Minister of Economy, Finance and Industry and the Minister of Public Service,
Considering the Public Health Code;
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
In view of Decree No. 99-314 of 22 April 1999 on the special status of the civil paramedical technicians of the military health service, as amended by Decree No. 2002-1029 of 2 August 2002;
Having regard to the advice issued by the Department of Defence's Departmental Joint Technical Committee dated 3 December 2002;
The State Council (Finance Section) heard,
Decrete:
Article 2 of the above-mentioned Decree of 22 April 1999 is replaced by the following provisions:
“Art. 2. - The body of civilian paramedical technicians of the military health service includes two grades:
1° The grade of normal civil paramedical technician with eight ladders;
2° The rank of senior civil paramedical technician with six ladders. »
Article 3 of the same decree is replaced by the following provisions:
“Art. 3. - Civil paramedical technicians of normal and upper class carry out rehabilitation activities or medical-technical activities corresponding to their professional activity branch as mentioned in article 1 of the decree. Civilian paramedical technicians of the upper class may be required to perform supervisory functions. »
Article 4 of the same decree is replaced by the following provisions:
“Art. 4. - Civil paramedical technicians of the military health service are recruited through title competitions. The age limit set by Article 1 of Decree No. 75-765 of 14 August 1975 relating to the age limit applicable to the competitive recruitment of civil servants of bodies classified as categories B, C and D is not applicable to candidates for one of the competitions provided for in this Article. The competitions are open by order of the Minister of Defence who designates the jobs to be filled and the distribution between the various branches of professional activities.
To be allowed to compete for access to the rank of normal civil paramedical technician, the candidate must, according to the relevant professional activity branch, be a holder:
1° State diploma of masseur-kinesitherapist;
2° State degree of occupational therapist;
3° State degree of psychomotrician;
4° The certificate of orthophonist capacity issued by the mixed, medical and pharmaceutical medical training and research units, established by Decree No. 66-839 of 10 November 1966, establishing in the medical faculties and mixed medical and pharmacy faculties a certificate of orthophonist capacity;
5° A certificate of orthoptist capacity issued by medical training and research units or joint, medical and pharmaceutical training and research units, established by the decree of 11 August 1956 establishing a certificate of orthoptist aid capacity;
6° Higher Dietitian Technician or university degree of applied speciality biology, dietary option;
7° State degree of electroradiology manipulator or higher technical diploma of medical electroradiology or higher technical degree in medical imaging and therapeutic radiology;
8° From one of the following titles or diplomas:
(a) State diploma in medical analysis or state diploma in biomedical analysis;
(b) University degree in applied specialty biology, biological and biochemical analysis option;
(c) Patent of superior biological analysis technician;
(d) Patent of a higher biochemist technician;
(e) Patent of superior biotechnology technician;
(f) Agricultural Superior Technician Patent, biological analysis laboratory option or agricultural, biological and biotechnological analysis option;
(g) Undergraduate Diploma Biochemistry-Biology of the National Conservatory of Arts and Crafts;
(h) Diploma of scientific and technical academic studies, specialist analysis of biological circles, delivered by the University of Corte;
(i) Graduate of a biochemistry-biology laboratory technician or degree of laboratory technician biochemistry- clinical biology from the Ecole Supérieure de Techniques Biochemistry-Biologie of the Catholic Faculty of Sciences of Lyon;
(j) Professional title of a chemist physicist physicist technician approved by the technical commission of registration of the titles and diplomas of the technological education of the Ministry of Labour.
Can also be allowed to compete with candidates who, pursuant to the Public Health Code, have an authorization to practise the profession corresponding to the branch of professional activity for which they apply, or for the branch of professional activity laboratory technician of a qualification recognized as equivalent to one of the diplomas mentioned in the 8th under the conditions fixed by decree of the Minister of Defence and the Minister responsible for the Public Service.
The general rules of the competitions and the nature of the trials shall be determined by joint order of the Minister for Defence and the Minister for Public Service. The Minister in charge of defence shall determine the procedure for organizing the contest and appoint the members of the jury.
The competition order may provide for an eligibility test. The competitions include an admission test consisting of an interview with the jury. »
Article 5 of the same decree is replaced by the following provisions:
“Art. 5. - Candidates recruited under the conditions set out in section 4 shall be appointed in their professional industry technicians paramedical civil interns for a period of one year by order of the Minister of Defence.
Applicants who previously had the status of a staff member are placed in a detachment position during the course.
Trainees who are not registered at the end of the internship may be allowed, after the advice of the parity administrative board, to complete a complementary internship of up to one year.
Trainees who have not been allowed to perform a complementary internship, or whose complementary training has not given satisfaction, are either terminated if they did not previously have the quality of an employee, or reintegrated into their original bodies, employment framework or employment. »
Article 6 of the same decree is replaced by the following provisions:
“Art. 6. - Trainees are paid on the basis of the 1st step index of the rank of normal class civilian paramedical technician. However, those who had the status of an employee or non-permanent agent receive the indiciary treatment corresponding to their previous situation if this treatment is higher than that corresponding to the 1st step of the rank of normal-class civil paramedical technician, within the limits of the treatment to which they may claim during their registration under sections 7 to 11.
When the trainees are registered, they shall be placed, subject to the rules set out in sections 7 to 11, at the level of normal class civil paramedical technician corresponding to the seniority acquired since their appointment in the grade of normal class civilian paramedical technician without taking into account the possible extension of the probation period provided for in the third paragraph of Article 5. »
The title of Chapter III "Advancing" of the same decree is replaced by the title "Classing".
Article 8 of the same decree is replaced by the following provisions:
“Art. 8. - Civil paramedical technicians who, prior to their appointment in the body governed by this decree, have carried out a similar work activity and are unable to avail themselves of more favourable provisions, are classified at a specified level by taking into account, on the basis of the average advance periods, the duration of the services of paramedical technicians performed previously, subject to the requirement that they possess the required certificates
This recovery of seniority can only be attributed once in the course of their careers. The request for a resuming of seniority, together with all supporting documents, must be submitted within six months of the date of appointment. »
Article 9 of the same decree is replaced by the following provisions:
“Art. 9. - Civil officials appointed in the body governed by this decree shall be classified under the following conditions:
1° Category C and D officials or the same level who hold a rank with a terminal gross index of at least 449 or ranked at the last step of the 5 scale defined by Decree No. 70-78 of 27 January 1970, as amended, establishing various pay scales for categories C and D of State officials are classified at the level with an index equal or, if not, immediately higher than that held in their original rank. Within the limit of the average seniority set out in section 12, for a promotion at the upper level, they retain the seniority they had acquired in their previous grade when the increase in treatment following their appointment is less than that that which would have given them a step forward in their former situation.
Interested persons appointed as they have reached the highest level of their previous grade shall retain their seniority at the same time when the salary increase following their appointment is less than that resulting from their appointment at the level;
2° Class C and D officials or the same level who hold a grade whose terminal gross index is less than that referred to in I are classified on the basis of the average duration set out in section 12, for each increment of the scale, taking into account their seniority in their original grade, for the six twelfths if it is a grade classified in category D, or eight twelfths for the first twelve years
The seniority in the original grade corresponds, within the maximum limit of twenty-eight years for a grade of category D or C, to the time necessary to achieve, on the basis of the average durations set out in section 2 of the above-mentioned decree of 27 January 1970, at the level occupied by the person concerned, increased from the seniority acquired in that phase.
Interested persons appointed as they have reached the highest level of their previous grade shall retain their seniority at the same time when the salary increase following their appointment is less than that resulting from their appointment at the level;
3° The application of the foregoing provisions shall not have the effect of providing a more favourable situation to the persons concerned, both with respect to the reclassification and retention period, and with respect to that which would have been theirs, taking into account the average advance periods set out in section 12, if they had been directly recruited into a Category B body;
4° Public servants other than those referred to in 1° and 2° are classified at the beginning grade level, which includes equal treatment or, if not, immediately higher than the last treatment in their original body.
Within the limit of the average seniority required in section 12 for a promotion at the higher level, they retain the seniority they had acquired in their previous grade when the increase in treatment following their appointment is less than the one that would have given them a level advancement in their former situation.
Candidates appointed while they have reached the highest level of their previous grade retain their seniority at the same time when the salary increase following their appointment is less than the one that had been given their appointment at the level.
Those concerned may opt for the regime established by 2°. In this case, the average length of time spent in each step of their previous grade is those defined by the particular status governing that grade. »
Article 10 of the same decree is replaced by the following provisions:
“Art. 10. - Non-registrants appointed in the body governed by this Decree shall be classified at the start grade at a specified level by taking into account the services performed in a level job at least equivalent to category B at three-quarters of their duration and those performed in a level job below half of their duration. The same provisions apply to agents who have the capacity of an intergovernmental international organization.
These provisions are also applicable to officers who had the status of a non-registrant for at least two months in the twelve-month period prior to the closing date of the examination, provided that the loss of that quality does not result from a resignation, a refusal to accept the renewal of their undertaking, a termination of the position or a termination for professional failure or disciplinary reasons. »
Article 11 of the same decree is replaced by the following provisions:
“Art. 11. - When the application of the previous articles leads to the classification of the interested public servants at a level with an index lower than the one they held in their previous grade, the persons concerned retain, in their personal capacity, the benefit of their previous index until the day they receive in their new grade of an index at least equal. »
The title of Chapter IV "Detachment" of the same decree is replaced by the title "Advancement".
Article 12 of the same decree is replaced by the following provisions:
“Art. 12. - The average and minimum duration of each step shall be determined in accordance with the following table:
You can see the table in the OJ
n° 211 of 10/09/2005 text number 2
Article 13 of the same decree is replaced by the following provisions:
“Art. 13. - Can be promoted to the rank of senior civil paramedical technician, after the advice of the parity administrative commission, normal civil paramedical technicians reached at the 5th level of this class and with at least ten years of public service, five years of which are in the body of civilian paramedical technicians of the military health service.
Interested persons are classified at the level with an index equal to or, if not, immediately higher than that held in the former grade. Within the limit of the average seniority set out in section 12 for an appointment at the higher level, they retain the seniority they had acquired at the level of their previous grade when the salary increase following their appointment is less than that which would have been granted to them in the former grade.
Public servants promoted to the rank of senior civil paramedical technician while they have reached the last step of their grade retain their seniority at the same time when their appointment provides them with an increase in salary lower than that resulting from the progress of audit. »
The title of Chapter V "Transitional Provisions" of the same decree is replaced by the title "Detachment".
Article 14 of the same decree is replaced by the following provisions:
“Art. 14. - Officials of category B or equivalent level who belong to a body or employment framework whose terminal gross index is at least equal to the terminal gross index 638 may be detached into the body of civil paramedical technicians governed by this decree if they justify one of the diplomas, titles or patents mentioned in section 4.
The detachment is pronounced at grade equivalence and at the level with equal treatment or, if not, immediately higher than the one whose person was in his or her body, employment or employment of origin.
Detached officials shall, within the average service time required for access to the higher level of their new grade, retain the seniority acquired in their previous employment when the detachment gives them a lower advantage than that which would have resulted from a level of advancement in their original grade or which resulted from their previous level of employment if that step was the highest in their previous position.
Staff members placed in a detachment position are involved in grade and level advancements with all civil paramedical technicians. »
Article 15 of the same decree is replaced by the following provisions:
“Art. 15. - Civil paramedical technicians for at least two years may be integrated into the body upon request.
Integration is pronounced by decree of the Minister of Defence in the ranks and ranks occupied by the interested in this body with the conservation of the seniority acquired at the level.
The services performed in their bodies, employment framework or employment of origin are assimilated to services performed in the integration body. »
It is created after Article 15 of the same Decree a Chapter VI entitled "Different Provisions".
Article 16 of the same decree is replaced by the following provisions:
“Art. 16. - Assimilated to services performed in the body of the civil paramedical technicians referred to in this decree the services performed as a state worker in the professions of masseur-kinesitherapist, orthoptist, bacteriologist, laboratory specialist, lyophilizer specialist and radiograph manipulator, by the personnel integrated in the body under its original constitution. »
I. - From the date of publication of this decree, the civilian paramedical technicians of the upper class are reclassified according to the following correspondence table:
You can see the table in the OJ
n° 211 of 10/09/2005 text number 2
II. - As from the date of publication of this decree, the normal civil paramedical technicians are reclassified according to the following correspondence table:
You can see the table in the OJ
n° 211 of 10/09/2005 text number 2
The Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, the Minister Delegate for Budget and State Reform, spokesperson for the Government, and the Minister Delegate for Veterans Affairs are responsible, each with regard to the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 7, 2005.
Dominique de Villepin
By the Prime Minister:
The Minister of Defence,
Michèle Alliot-Marie
Minister of Economy,
finance and industry,
Thierry Breton
The Minister of Public Service,
Christian Jacob
Minister for Budget
and the reform of the state,
Government spokesperson,
Jean-François Copé
Minister Delegate
to veterans,
Hamlaoui Mékachéra
