Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management and the Minister Delegate for Budget and Budget Reform,
Given the Civil and Military Pension Code;
Considering the Public Health Code;
Having regard to Act No. 72-662 of 13 July 1972, as amended, establishing the general status of the military;
Having regard to amended Decree No. 73-1219 of 20 December 1973 concerning the military engaged;
In view of the amended Decree No. 88-1077 of 30 November 1988 establishing the special statutes of nursing staff of the public hospital service;
Having regard to amended Decree No. 88-1081 of 30 November 1988 establishing general statutory provisions for hospital officials of categories C and D;
In view of the amended Decree No. 89-241 of 18 April 1989 on the special status of caregivers and hospital officials of the public hospital service;
In view of the amended Decree No. 89-609 of 1 September 1989 establishing the special statutes of the hospital civil service rehabilitation staff;
In view of the amended Decree No. 89-611 of 1 September 1989 on the special status of midwives in the hospital public service;
In view of the amended Decree No. 89-613 of 1 September 1989 on the special statutes of medical and technical staff of the hospital public service;
In view of the amended Decree No. 90-839 of 21 September 1990 on the special statutes of the administrative staff of the hospital public service;
Having regard to Decree No. 2001-1375 of 31 December 2001 on the special status of the body of health care executives of the public hospital service;
Having regard to Decree No. 2002-550 of 19 April 2002 on the special status of the body of director of hospital care;
Having regard to the advice of the Supreme Council of the Military Service dated 14 February 2002;
The State Council (Finance Section) heard,
Decrete:
The military nurses and technicians of the military hospitals participate in the missions of the military health service in the jobs of supervision, care, rehabilitation, medico-technical or administrative qualification.
The military nurses and technicians of the hospitals of the armies are constituted in the corps of career soldiers whose particular hierarchy does not include assimilation with the general military hierarchy.
The hierarchy of ranks and ranks as well as the indiciary level are those that are in force on April 23, 2002 in the body of the hospital public service designated as a counterpart body in the table below:
You can see the table in the OJ
n° 299 of 24/12/2002 page 21519 to 21521
The members of the body of care director are, according to their original training, the nurse sector, the rehabilitation sector or the medical-technical sector.
The body of health care settings includes, according to their training:
1° In the nurse sector:
(a) Health nurses;
(b) College nurses operating in health settings;
(c) Anaesthetic nurses in health care settings;
(d) Periculators of health care.
2° In the rehabilitation sector:
(a) Kinesitherapists in health care settings;
(b) Orthophonists in health care;
(c) Orthoptists in health care;
(d) Healthy dietitians.
3° In the medical-technical sector:
(a) Hospital pharmacy preparers health care settings;
(b) Laboratory technicians health care settings;
(c) Medical electroradiology manipulators in healthcare settings.
The members of the bodies governed by this decree shall be submitted, for all that is not settled therein:
1° The laws and regulations applicable to career officers when they belong to the body of care director, to the body of health managers or hold the rank of senior midwife or midwife in the body of midwives;
2° The laws and regulations applicable to career non-commissioned officers in other cases.
Members of the bodies other than those of director of care and health care officers are recruited for election, in accordance with the provisions of section 45 of the above-mentioned Act of 13 July 1972, among the engaged military personnel who meet the requirements of 23 April 2002, for access to the approved body of the hospital public service.
Health professionals are recruited from candidates who meet the requirements of April 23, 2002 for access to the approved body of the hospital public service, by competitive examinations that may be open:
1° For at least 90% of the positions to be filled, career soldiers and military personnel serving under a contract;
2° Within 10 per cent of the posts to be filled, staff, non-responsive staff and health professionals in the private sector.
Places not assigned under 1° or 2° can be deferred to the other mode of recruitment.
Candidates received from these contests are appointed to the rank of health framework and rank on the seniority list in order of their ranking in the contest. In the absence of a common jury, health professionals recruited under the 2° above are registered after those from the other method of recruitment.
The directors of care are recruited from members of the health-care executives or health-care executives, who have employed at least five years of effective services as executives and meet the requirements of 23 April 2002 for access to the official hospital staff, through examinations that may be opened, in the nurse, rehabilitation and medical-technical sectors:
1° For at least 90% of the positions to be filled, career soldiers and military personnel serving under a contract;
2° Within 10% of the positions to be filled, public servants, non-registrants and private sector health professionals who have practised one of the professions in the above three sectors for at least ten years.
Places not assigned under 1° or 2° can be postponed to the other mode of recruitment in the corresponding sector.
Applicants received from these competitions are appointed to the rank of 2nd class care director and rank on the seniority list in the order of their ranking in the competition, with the 2nd class care directors recruited under 2° above being registered after those from the other mode of recruitment.
The number of places offered to each of the competitions provided for in sections 7 and 8, the modalities for organizing these contests and the composition of the jury shall be determined by order of the Minister of Defence.
Grade advancement takes place at the choice. No person may be promoted if he or she is not registered on a progress table established after notice of a commission constituted under the conditions set out in section 41 or section 47 of the Act of 13 July 1972 referred to above, as the employee serves as a career officer or a career officer.
The members of each body are, with respect to the conditions of access in each grade, the conditions of access and classification in the grade levels, the conditions of reclassification and the award of seniority bonuses, subject to the rules that apply in the approved body of the hospital public service on April 23, 2002.
Military nurses and technicians of the hospitals of the armies admitted to a specialized training sanctioned by a certificate or diploma allowing them to access another body, grade or employment governed by this decree undertake to remain active for a period equal to the triple of the specialized training period, within a maximum of five years, from the date of obtaining this certificate or diploma.
The military nurses and technicians of the military hospitals who, for any other reason than the duly recognized medical incapacity, do not meet the commitment provided for in the preceding paragraph, are required to reimburse the salaries received during the specialized training period that they have received, commensurate with the time of service they have to perform.
The nurses and technicians of the military hospitals belonging to the main nurses and the body of the directors of the paramedical schools are integrated into the body of care director and classified in the ranks and ranks of the ranks of this body in the same conditions as the members of the homologous bodies of the hospital public service.
Medical nurses and technicians in hospitals belonging to the body of medical nurses who monitor medical services, medical nurses who monitor medical services
The nurses and technicians of the hospitals of the armies other than those mentioned in the first two paragraphs of this article are reclassified to the ranks as well as to the ranks of those bodies under the same conditions as the members of the civil hospital units.
The Nursing and Technicians of the Armed Hospitals, on the one hand, who held, on the 13th of February 1994, jobs of pharmacy helpers and electroradiology aids and, on the other hand, who are in office on the date of publication of this decree in laboratory aid jobs are constituted in three frameworks of extinction subject to the rules that apply to the public hospital frameworks
You can see the table in the OJ
n° 299 of 24/12/2002 page 21519 to 21521
For the purposes of section L. 16 of the Civil and Military Pension Code, the assimilations provided for in setting the new balance indices referred to in section L. 15 of the said Code shall be determined under the same conditions as those provided for the active military.
Amended Decree No. 94-129 of 10 February 1994 establishing the status of the nursing and technicians of the military hospitals is repealed.
The Prime Minister, the Minister of Defence, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management, and the Minister Delegate for Budget and Budget Reform 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, 20 December 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
The Minister of Defence,
Michèle Alliot-Marie
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Minister for Budget
and budgetary reform,
Alain Lambert
