Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarity and the Minister of National Education, Higher Education and Research,
Given the Public Health Code, including articles L. 4111-2 and L. 4221-12,
Decrete:
Sections 1 and 2 of Chapter I of Book I of Part IV of the Public Health Code (regulatory provisions) are replaced by the following provisions:
“Section 1
"Knowledge Verification Tests
"Art. D. 4111-1. - The knowledge verification tests referred to in Article L. 4111-2, written and anonymous, include:
« 1° A basic knowledge verification test;
« 2° A practical knowledge verification test;
« 3° A written test of mastery of the French language.
"For doctors, the tests mentioned in 1° and 2° relate to the discipline or specialty in which the knowledge verification examination was conducted.
"The terms and conditions for the organization of knowledge verification tests are determined by order of the Minister for Health.
"For each session, an order determines, with respect to doctors, disciplines or specialties for which the tests are open and the number of places offered.
"Art. D. 4111-2. - For each medical profession, a national jury is responsible for the development of the subjects and the correction of the trials.
"Art. D. 4111-3. - For the professions of a doctor and a surgeon-dentist, the jury, composed by drawing of lots, is composed of:
« 1° Members selected in the sections or sub-sections of the National Council of Universities governed by Decree No. 87-31 of 20 January 1987 corresponding to the discipline or speciality concerned:
“(a) For medicine, a member of the incumbent teaching and hospital staff governed by Decree No. 84-135 of 24 February 1984 on the status of teachers and hospital staff in hospital and university centres;
“(b) For dental surgery, among the members of the incumbent teaching and hospital staff governed by Decree No. 90-92 of 24 January 1990 on the status of teachers and hospital staff in hospital and university health centres;
« 2° Hospital practitioners governed by the provisions of articles R. 6152-1 to R. 6152-99 and part-time practitioners governed by the provisions of articles R. 6152-201 to R. 6152-277, with at least four years of effective service in that capacity.
"The procedure for appointing the jury shall be determined by decree of ministers responsible for health and higher education.
"Art. D. 4111-4. - For the profession of midwife, the jury, composed by drawing of lots, is composed:
« 1° Members of the incumbent teaching and hospital staff governed by Decree No. 84-135 of 24 February 1984 on the status of teachers and hospital staff of hospital and university centres chosen in the gynaecological-obstetric discipline;
« 2° Members of the incumbent teaching and hospital staff governed by the aforementioned decree of 24 February 1984, chosen in paediatric discipline;
« 3° School directors of midwives governed by Decree No. 90-949 of 26 October 1990 on the special status of school directors of midwives of the public hospital service;
« 4° Executive midwives and senior midwives, holders of the Midwife Framework Certificate, governed by Decree No. 89-611 of 1 September 1989 on the special status of midwives of the hospital public service.
"The procedure for appointing the jury shall be determined by decree of ministers responsible for health and higher education.
"Art. D. 4111-5. - Within the limit of the maximum number of persons who are likely to be received in these trials, each examination will result in the establishment of a list of candidates classified by order of merit by the jury. The note of the first screening test ex aequo.
"Candidates registered as a refugee, stateless, beneficiary of the territorial asylum or French who returned to the national territory at the request of the French authorities are not classified. The jury establishes an alphabetical list of candidates received.
"For the preparation of the lists referred to in the two preceding paragraphs, the candidate having obtained a grade of 6 out of 20 at one of these tests cannot be declared admitted.
"Art. D. 4111-6. - Candidates who are physicians for the Departmental Permit to Exercise, ranked as useful for the Knowledge Verification Tests, are recruited on a full-time basis to perform hospital functions for a period of three years, subject to the conditions set out in sections R. 6152-542 to R. 6152-544, subject to the prior certification of the scientific value of their degree, title or certificate, prepared by the Minister responsible for higher education.
"For each session, the list of approved services to accommodate these candidates is set by order of the Minister for Health.
"Art. D. 4111-7. - Candidates for the ministerial authorization of the exercise, classified as useful for the examination of knowledge and justifying previous hospital functions as an associate attaché, associate practitioner, associate assistant or university functions as an associate clinic chief of the universities or associate assistant of the universities, provided that they have been responsible for hospital functions at the same time, may be exempted by the authorization board-6
"These candidates must justify three years of hospital functions in one of the above-mentioned statutes, on the date of filing of the application for exercise authorization. These functions must have been performed full-time or part-time in a period of at least three consecutive months.
"To be decompleted, part-time functions must have been performed up to at least five half days a week. They are taken into account in proportion to the duration of full-time functions.
"In the event of a rejection of the ministerial authority for the exercise, the candidate may apply to the secretariat of the commission, prior to the review of his or her file by that proceeding, to perform the hospital functions referred to in Article D. 4111-6.
“Section 2
"Operation Authorization Commission
"Art. D. 4111-8. - The exercise authorization commission, placed with the Minister of Health, examines the situation of each of the candidates, in particular with regard to physicians, of the assessment report prepared by the head of service or department for hospital functions referred to in sections D. 4111-6 and D. 4111-7.
"The exercise authorization board may call the candidates for a hearing.
"The terms and conditions for the evaluation of hospital functions are determined by order of the Minister for Health.
"Art. D. 4111-9. - The commission consists of three sections, respectively, competent for the examination of applications for the exercise of the professions of physician, dentist and midwife.
"For doctors, the section is composed of colleges corresponding to various disciplines or specialties.
"Art. D. 4111-10. - I. - The commission shall be composed as follows:
« 1° The Director of Hospitalization and Care Organization or his representative, President;
« 2° The Director General of Health or his representative;
« 3° The Director General of Higher Education or his representative;
« 4° Two representatives of the National Council for the Order of the Profession concerned.
“II. - The Competent Section for the Examination of Application for Permission by Physicians also includes:
« 5° The college referred to in article D. 4111-9 constituted for the disciplines or specialties of doctors serving on the ordinal qualification commission of first instance as provided for in the qualification regulations;
« 6° A member of the profession concerned proposed by national organizations of practitioners who hold a degree acquired outside the European Union or the European Economic Area.
"III. - The competent section for the examination of applications for exercise authorization submitted by dental surgeons also includes:
« 5° Two members selected from trade union organizations representing surgeon-dentists;
« 6° A member of the profession concerned proposed by national organizations of practitioners who hold a degree acquired outside the European Union or the European Economic Area;
« 7° A professor at universities-practor hospital in odontology;
« 8° A member of professional associations.
"IV. - The competent section for the review of applications for exercise authorization submitted by midwives also includes:
« 5° Two members selected from trade union organizations representing midwives;
« 6° A member of the profession concerned proposed by national organizations of practitioners who hold a degree acquired outside the European Union or the European Economic Area;
« 7° One or a midwife school principal;
« 8° A member of professional associations.
"At each of the sections is an advisory assistant to a representative of a reception or refugee association.
"These members are appointed by order of the Minister for Health for a period of three years, renewable.
"Art. D. 4111-11. - The Commission issues a notice to the majority of the votes. In the event of equal sharing of votes, the president's voice is preponderant.
"A Minister of Health Order sets out the composition of the file to be provided to the commission.
"Art. D. 4111-12. - The secretariat of the commission is provided by the management of hospitalization and care organization.
"Art. D. 4111-13. - Departmental authorities for the exercise are published in the Official Journal of the French Republic. »
Sections D. 4221-1 to D. 4221-6 of the same code are replaced by the following:
"Art. D. 4221-1. - The knowledge verification tests referred to in Article L. 4221-12, written and anonymous, include:
« 1° A basic knowledge verification test;
« 2° A practical knowledge verification test;
« 3° A written test of mastery of the French language.
"The tests mentioned in 1° and 2° relate to the speciality in which the knowledge verification examination was conducted.
"The terms and conditions for the organization of knowledge verification tests are determined by order of the Minister for Health.
"For each session, an order determines the specialties for which the tests are opened and the number of places offered.
"Art. D. 4221-2. - For each of the specialties, a national jury is responsible for the development of the subjects and the correction of the trials.
"Art. D. 4221-3. - The jury, composed by drawing of lots, is composed of:
« 1° Members selected in the sections or sub-sections of the National Council of Universities governed by Decree No. 87-31 of 20 January 1987, among the members of the teachers-researchers under Decree No. 84-431 of 6 June 1984 establishing the common statutory provisions applicable to teachers-researchers and bearing particular status of the body of professors of universities and the body of lecturers;
« 2° Hospital practitioners governed by the provisions of articles R. 6152-1 to R. 6152-99 and part-time practitioners governed by the provisions of articles R. 6152-201 to R. 6152-277, with at least four years of effective service in that capacity.
"The procedure for appointing the jury shall be determined by decree of ministers responsible for health and higher education.
"Art. D. 4221-4. - Within the limit of the maximum number of persons who are likely to be received in these trials, each examination will result in the establishment of a list of candidates classified by order of merit by the jury. The note of the first screening test ex aequo.
"The candidate who obtained a grade of 6 out of 20 at one of these tests cannot be declared admitted.
"Art. D. 4221-5. - Candidates classified as useful in the knowledge verification tests are recruited on a full-time basis to perform hospital functions for a period of three years, subject to the conditions set out in sections R. 6152-542 to R. 6152-544, subject to the prior certification of the scientific value of their degree, title or certificate, prepared by the Minister responsible for higher education.
"For each session, the list of approved services to accommodate these candidates is set by order of the Minister for Health.
"Art. D. 4221-6. - Candidates classified as useful in the knowledge verification tests, and justifying previous hospital functions as an associate attaché, associate assistant, associate assistant or university functions as an associate clinic chief of universities or associate assistant of universities, provided that they have been in charge of hospital functions at the same time, may be dispensed by the High Council of the pharmacy, in all or part, of the duties provided for at the 21-5 level.
"Candidates must justify three years of hospital functions in one of the above-mentioned statutes on the date of filing of the file with the High Council of Pharmacy. These functions must have been performed full-time or part-time in a period of at least three consecutive months.
"To be decompleted, part-time functions must have been performed up to at least five half days a week. They are taken into account in proportion to the duration of full-time functions.
"In the event of a rejection of the ministerial authorization for the exercise, the candidate may apply to the secretariat of the Higher Council of Pharmacy, prior to the review of his or her case by that body, to perform the hospital functions referred to in Article D. 4221-5. »
Sub-section 2 of chapter I, section 1, title II, of Book II of Part IV of the Code is replaced by the following:
"Subsection 2
« Role of the Higher Council of Pharmacy
"Art. D. 4221-8. - The Higher Council of the pharmacy is competent to consider the applications referred to in Article L. 4221-12.
"When meeting under Article L. 4221-12, the Higher Council of Pharmacy includes, in addition to the other members, a member of the profession proposed by the national organizations of practitioners with a degree acquired outside the European Union or the European Economic Area, with a deliberative voice and, in a consultative capacity, a representative of a host association or assistance to refugees.
"The Higher Council of the pharmacy can call the candidates for a hearing.
"An order by the Minister for Health sets out the composition of the file to be provided to the High Council of Pharmacy.
"Art. D. 4221-9. - The Board shall examine the situation of each of the candidates, including the assessment report prepared by the head of service or department for hospital functions referred to in sections D. 4221-5 and D. 4221-6.
"The terms and conditions for the evaluation of hospital functions are determined by order of the Minister for Health.
"Art. D. 4221-10. - Departmental authorities for the exercise are published in the Official Journal of the French Republic.
"Art. D. 4221-11. - The Higher Council of the pharmacy issues a majority opinion. In the event of equal sharing of votes, the president's voice is preponderant. »
Sections D. 4111-17 and D. 4221-6-1 are repealed.
The Minister of National Education, Higher Education and Research and the Minister of Health and Solidarity are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris on 30 October 2006.
Dominique de Villepin
By the Prime Minister:
Minister of Health and Solidarity,
Xavier Bertrand
Minister of National Education,
higher education
and research,
Gilles de Robien
