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Decree Of 3 October 2002 On The Organisation Of The National Aptitude Tests As The Contractual Assistant Practitioner Referred To In The Third Paragraph I Of Article 69 Of Act No. 2002-73 Of 17 January 2002 Modernization...

Original Language Title: Arrêté du 3 octobre 2002 relatif à l'organisation des épreuves nationales d'aptitude à la fonction de praticien adjoint contractuel mentionnées au troisième alinéa du I de l'article 69 de la loi n° 2002-73 du 17 janvier 2002 de modernisation...

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Summary

Application of art. 69 (paragraph 3 of I) Act 2002-73 of 17 January 2002, of art. 1 of Decree 86-442 of 14 March 1986.

Keywords

, EXERCISE OF THE PROFESSION , PRATICIEN , PRATICIEN ADJOINT CONTRACTUE , CHIRURGIEN-DENTIST , CANDIDATURE , CANDIDAT , EXPERIENCE PROFESSIONAL , DIPLOME ETRANGER


JORF n°239 of 12 October 2002 page 16921
text No. 45



Order of October 3, 2002 on the organization of the national tests of fitness for the function of a contracting assistant practitioner referred to in the third paragraph of Article 69 of Law No. 2002-73 of January 17, 2002 of social modernization and required of certain French or foreign persons who do not meet the conditions of exercise of the profession of surgeon-dentist in France

NOR: SANH0223261A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/10/3/SANH0223261A/jo/texte


Minister of Youth, National Education and Research and Minister of Health, Family and Persons with Disabilities,
Considering the Public Health Code;
Considering the law of 23 December 1901 punishing fraud in public examinations and examinations;
Having regard to Act No. 2002-73 of 17 January 2002 on social modernization, including article 69;
Considering Order No. 58-1373 of 31 December 1958 on the establishment of hospital and university centres, the reform of medical education and the development of medical research;
Having regard to amended Decree No. 56-585 of 12 June 1956 establishing the general system of retribution of officials of the State or non-public servants performing as an incidental occupancy either a teaching task or the functioning of the examination or examination boards;
Having regard to Decree No. 86-442 of 14 March 1986 concerning the designation of physicians accredited to the organization of medical committees and reform committees, to the conditions of physical fitness for admission to public employment and to the sick leave regimes of civil servants, in particular its Article 1;
Having regard to Decree No. 2002-1210 of 26 September 2002 on the national aptitude tests mentioned in the third paragraph of Article 69 of Law No. 2002-73 of 17 January 2002 on social modernisation;
In view of Decree No. 2002-1211 of 26 September 2002 on functions allowing access to national tests of fitness for the function of a contractual practitioner for persons who do not meet the conditions of the profession of surgeon-dentist in France referred to in Article 69 of Law No. 2002-73 of 17 January 2002 on modernization,
Stop:


General provisions

Article 1


Pursuant to the provisions of the third paragraph of section 69 of the above-mentioned Act of January 17, 2002, national tests of fitness for the function of a contracting assistant practitioner are open to French or foreign persons, holders of a doctor's degree in dental surgery who do not meet the requirements for the exercise of the profession of dentistry in France.
In order to participate in the tests, candidates must meet the required conditions of service and degree.
The national aptitude tests shall be conducted in accordance with the terms and conditions set out in this Order.

Article 2


The schedule for registration and examination dates is set by order published in the Official Journal and posted at least eight days before the opening of registrations at the headquarters of the regional health and social affairs branches in the metropolis and in the departmental branches of health and social affairs of overseas departments.
In metropolis, inscriptions are made at the headquarters of the regional branches of health and social affairs. In overseas departments, inscriptions are made at the headquarters of the departmental branches of health and social affairs.
Applications are to be filed with the Regional Health and Social Affairs Directorate in the metropolis or the Departmental Directorate of Health and Social Affairs of the overseas country, which is dependent on the hospital in which the candidate is performing his or her duties as principal.
No additional documentation is accepted after registration is closed.


Registration procedure

Article 3


The registration file is provided by the administration. It consists of:
1° An administrative file.
2° An application for certification of the scientific value equivalent to that of the degree allowing the exercise of dental surgery in France.
The administrative record, duly completed and signed by the applicant, shall include the following:
- the legible photocopy of the French identity card or passport;
- the photocopy of the valid residence card;
- the certificate of nationality for nationals of States not belonging to the European Economic Community;
- copy of the original doctor's degree in dental surgery;
- a copy of the translation of the doctor's degree in dental surgery when written in a foreign language, prepared by a sworn translator in the French courts;
- contracts of work or administrative acts certifying that the candidate has occupied at least one of the functions referred to in article 2 of Decree No. 2002-1211 of 26 September 2002 referred to above, justifying the period of exercise required, excluding the period of training referred to in article 69 of the law of 17 January 2002 referred to above;
- a document issued by the competent French authorities certifying that the candidate is in one of the situations referred to in the fourth paragraph of Article 69 of the Act of 17 January 2002 referred to above;
- the certificate of physical and mental fitness established by an accredited doctor.
The application for certification of the scientific value equivalent to that of the diploma for the exercise of dental surgery in France must include the following:
- the copy, certified by a French authority to the original, of the doctor's degree in dental surgery;
- the translation of the diploma by a translator accredited to the French courts, if the document is written in a foreign language;
- a certificate from the competent university authorities of the country that has issued the degree specifying that this degree penalizes in the country to obtain a course of at least four years of dental surgery.
This document should include details of lessons learned and courses validated throughout their studies, year by year.
Any file that does not include the above documents will be declared inadmissible and the application will be rejected.

Article 4


The technical file for the jury is a trial. It includes two parts:
A "titles and works" part in which the candidate includes:
- the list of university and hospital titles obtained in France and abroad;
- a list of his publications and works and any documents he wishes to produce in support of his application;
- copying of diplomas;
A "services rendered" part to assess the candidate's medical and hospital exercise, in which the candidate includes the exercise of dental surgery in France and abroad.
Candidates are required to produce supporting documents certifying the information in the technical file.
All documents mentioned above must be written in French or translated by a certified translator in French courts.
This file is to be filed in two copies under closed envelope. This file will be mandatoryly attached to the registration file under penalty of rejection of applications.

Article 5


Registration files are to be removed from the regional or departmental branches of health and social affairs referred to in Article 2 above.
The services mentioned above are responsible for monitoring registration files and deciding on the admissibility of applications.
They are also responsible for transmitting applications for graduation equivalence to the relevant departments of the Minister responsible for universities who pronounce on the equivalence of diplomas.
The technical files are transmitted to the members of the jury.
Training periods for the preparation of a foreign special education degree, a national special education certificate or an interuniversity specialization diploma are not taken into account in calculating the duration of the duties. The semesters of training set for the attainment of these diplomas are counted.
The services mentioned above have the regional management file for graduate students
Any fraud or attempted fraud involving the use of false documents results in the rejection of the application, without prejudice, if any, of the application of the criminal provisions provided for by the law of 23 December 1901 which penalizes fraud in public examinations and examinations.
The same measure may be taken against the accomplices of the main perpetrator of fraud or attempted fraud.
The list of candidates authorized to compete is arrested by the Minister of Health and published in the Official Bulletin of the Ministry of Health. It is also posted at the headquarters of the regional and departmental branches of health and social affairs mentioned above.


Composition and functioning of the jury

Article 6


A jury is constituted, respecting the distribution provided for in Article 4 of Decree No. 2002-1210 of 26 September 2002 referred to above.
The jury shall consist of four members if the number of candidates is less than or equal to thirty and two more members per additional 50 candidates.
Members of the jury are appointed by order of the Minister for Health.
The composition of the jury is displayed at the venue of the contest.

Article 7


The jury elects a secret ballot president. If the president is unable to sit, this function is performed by the older member.
The jury can only meet if at least half of the members are present.

Article 8


The president of the jury assures the general police of the trials.
He attends written tests. In case of incapacity, he designates the member of the jury who, under his responsibility, replaces him in his duties. The president of the jury has the power to exclude from the examination room any candidate who would cause disorders in the course of the written examinations.
In the event of a finding of fraud, or an attempt to fraud in the written trials, the president of the jury shall inform the candidate of his or her possible exclusion from these trials, following the advice of all members of the jury.

Article 9


The President of the jury is responsible for the division of the tasks of double correction of the written examinations, as well as the dual assessment of the records "titles and works" and "services rendered".
All members of the jury are responsible for the functions of proofreader and rapporteur of technical files.

Article 10


For each anonymous written test, the jury proposes at least two subjects in accordance with articles 16 and 17 below.
The president of the jury gives the subjects, validated by all members, to the administrative officer, who ensures confidentiality and reproduction.

Article 11


The jury establishes a correction grid for the written examinations and a rating grid for the examination of the technical files, ensuring the equalization of the candidate rating conditions.
Sections to be taken into account in the establishment of the technical record evaluation grid are those in section 18 of this Order.
The grids are validated by all members of the jury. In the event of disagreement by a single member, the grid is adopted by a majority vote in one round. The votes are recorded in the minutes.

Article 12


Each anonymous test of practical knowledge is subject to a double correction.
The president of the jury shall give the administrative officer a statement of the notes assigned by each corrector. After the submission of notes to the administration, they will no longer be modified. The final note, corresponding to the arithmetic mean of the two notes, is calculated by the administration.
The lifting of the anonymity of the written examinations is carried out by the administration.
The administrative officer shall give the notes of the written examinations to the president of each jury at the time of the deliberation plenary.


Test provisions

Article 13


The national tests of suitability in the third paragraph of Article 69 of the above-mentioned Act of 17 January 2002 are as follows:
- an anonymous written test of theoretical knowledge on 60 points;
- an anonymous written test of practical knowledge listed on 120 points;
- a case test involving the evaluation of titles and works and the evaluation of services rendered rated on 40 points.

Article 14


Anonymous tests of theoretical and practical knowledge are organized by the prefect of the region responsible for the organization of the tests and, by delegation, by the Regional Director of Health and Social Affairs, who designates an administrative officer, a public health inspector, to assist the jury.
The events are organised in Orleans.
The material organization of the tests, the convocation of candidates, the corrections and the seizure of anonymous results are ensured by the Regional Director of Health and Social Affairs concerned.
Anonymity is guaranteed by a computerized concordance grid.
At the end of the correction of anonymous tests of theoretical and practical knowledge, the removal of anonymity is done using a computerized procedure. The notes obtained at these trials are given to the president of each jury at the time of the plenary deliberation.

Article 15


Each anonymous test is subject to a double correction. Correction criteria must be approved by all members of the jury. A weighting may be made by the jury following the corrections.

Article 16


The anonymous test of theoretical knowledge includes several parts each including a statement, possibly accompanied by trace, iconographic data, followed by one or more questions calling for editorial answers. The following decomposition is applied:
Test of pathology, 2 hours, rated from 0 to 20, coefficient 3;
The candidates make up for each test on one of the proposed subjects drawn by lot before the start of the written examinations.
Any rating below 6 is eliminated.

Article 17


The anonymous test of practical knowledge includes several parts each with a statement, possibly accompanied by trace, iconographic data, followed by one or more questions calling for editorial answers. The following decomposition is applied:
1° Drives to hold in front of an emergency and/or practical conduct in the face of one or more diagnostic problems, lasting two hours, noted from 0 to 20, coefficient 3.
2° Diagnostic and/or therapeutic start, for two hours, rated from 0 to 20, coefficient 3.
The candidates make up for each test on one of the proposed subjects drawn by lot before the start of the written examinations.
Any rating below 6 is eliminated.

Article 18


The files "titles and works" and "services rendered" files are handed over by the administrative officer to the president of the jury.
The title and work record is noted on 20 points, according to the following distribution:
- French and foreign university and hospital titles (out of 16 points);
- publications (on 2 points);
- others (on 2 points).
The "services rendered" file is noted on 20 points, as follows:
- hospital services in France, by function (out of 10 points);
- hospital services abroad, in a recognized university center (3 points);
- hospital guards and participation in UAS (out of 6 points);
- certified teaching function (on 1 point).
To be notified, the information in the technical file must be justified or certified by the administrative, hospital or academic authorities as appropriate.
The jury may ask not to see the technical records of the candidates who have obtained a playoff at one of the written trials. Each rapporteur proposes a note by file.
All notations are arrested by all members of the jury in plenary session, after hearing each rapporteur.
In the event of a dispute, the president of the jury proposes a secret ballot vote. In this case, the notes are stopped by majority vote. In the second round, the president has two votes. The notes obtained by the candidates and the votes of the members of the jury are contained in the minutes.
The jury lists the suitability in alphabetical order. Candidates may not be registered on the aptitude list if they have not obtained the average for all grades.
The president of the jury shall give the administration the minutes of the trials.

Article 19


In written examinations, it is prohibited to:
- to introduce at the scene any document or note, a mobile phone, any other device that can communicate or receive information, any pocket organizing device;
- to communicate between candidates or with the outside;
- to get out of the room without permission from the monitor of the trials.
Applicants must submit to the monitoring measures and checks necessary for the proper conduct of the tests.
The answers to the written questions are written in black or blue ink on forms intended for this purpose, allowing to save the candidate's anonymity. Any mention or sign made by the applicant, amending the document to allow identification, or non-use of the form provided, results in the cancellation of the copy.
The use of the calculator is not allowed.

Rule 20


The national tests of fitness for the function of a contracting assistant practitioner are classified in group I according to the provisions set out by the decree of 12 June 1956 referred to above.

Article 21


The Director of the Hospitalization and Care Organization of the Ministry of Health, Family and Persons with Disabilities and the Director of Higher Education of the Ministry of Youth, National Education and Research are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, October 3, 2002.


Minister of Health, Family

and persons with disabilities,

For the Minister and by delegation:

By preventing the director

Hospitalization and Care Organization:

Deputy Director of Medical Professions

and hospital medical personnel,

P. Blémont

The Minister of Youth,

national education and research,

For the Minister and by delegation:

By preventing the director

of higher education:

Civil administrator,

J. Lemant


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