Decree No. 2002 - 1490 Of 20 December 2002 Establishing The Status Of The Military Nurses And Technicians From Hospitals Of The Armed Forces

Original Language Title: Décret n° 2002-1490 du 20 décembre 2002 fixant le statut des militaires infirmiers et techniciens des hôpitaux des armées

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Summary the continuation of the policy of adaptation of public hospital services to the needs of the population came to fruition on 1 January 2002 by the amendment of the Statute of the service public Hospitaliereces statutory modifications meet four main objectives: - to ensure a better recognition of the trades and qualifications; - the advancement of staff and diversify the career development prospects; - adapt careers and remuneration to the evolution of jobs; - simplify the streams by reducing the number of body and grades. The status of nursing personnel and technicians from hospitals of hosts (Amos) is fixed by decree 94-129 of 10 February 1994, which provides for the transposition to these members of the statutory provisions applicable to staff of the homologous body of the public hospital service. The transposition to the MITHA of statutory developments in the homologous body of public service hospital translates: - the reduction of the number of bodies that passes from 28 to 16, correspondingly the number of grades is reduced; - the creation of a body of Directors of care in two grades - the creation of a corps of two grades health frameworks; - the reorganization of the midwives body which includes a fourth grade; - the creation of a specific salary scale for nurses anesthesiologists, surgical nurses and nursery nurses;-doubling in three years of the quota for access to the second rank for nurses, massage therapists, orthoptist, speech language pathologists, dietitians, lab technicians, manipulators of medical radiologic and preparers in hospital pharmacy. The modifications being both numerous and important, it has the choice of taking a new statutory decree for the MITHA to ensure good legibility in this text. Repeal of Decree 94-129 of 10-02 - 1994 modified.
Keywords defence, army, army, military, hospital, military hospital, nurse, technician, military nurse, military technician, MITHA, status particular, recruitment, advancement, career improvement, choice, INTEGRATION, industry promotion, training specialized links post Decree No. 2005-562 dated 27 May 2005 amending Decree No. 2002-1490 of 20 December 2002 establishing the status of nursing personnel and technicians of the hospitals of armed JORF of December 24, 2002 page 21519 text no. 17 Decree No. 2002-1490 of 20 December 2002 laying down the status of nursing personnel and technicians of the hospitals of the armed forces NOR: DEFP0202399D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/20/DEFP0202399D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/20/2002-1490/jo/texte the 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 the reform of the State and the development of the territory and the Minister delegate to the budget and budget reform, having regard to the code civil and military retirement; pensions
Having regard to the code of public health;
Having regard to Act No. 72-662 of 13 July 1972 modified general status of military;
Mindful of Decree No. 73-1219 of 20 December 1973 as amended relating to the military engaged;
Considering Decree No. 88 - 1077 by November 30, 1988, as amended on the particular statutes of the nursing staff of the hospital public service;
Considering Decree No. 88 - 1081 of 30 November 1988 amended with general statutory provisions applicable to hospital staff in categories C and D;
Having regard to Decree No. 89-241 April 18, 1989, as amended on the special status of orderlies and hospital services of the hospital public service officers;
Having regard to Decree No. 89-609 September 1, 1989, amended on the particular statutes of the staff of rehabilitation of the public hospital service;
Having regard to Decree No. 89-611 September 1, 1989, amended on the special status of midwives in the public hospital service;
Having regard to Decree No. 89-613 September 1, 1989, as amended on the particular statutes of the medico-technical personnel of the public hospital service;
Having regard to Decree No. 90-839 of September 21, 1990, as amended concerning the particular statutes of the administrative staff of the public hospital service;
Having regard to Decree No. 2001 - 1375 dated December 31, 2001 on the special status of the body of the hospital public service health frameworks;
Pursuant to Decree No. 2002 - 550 of 19 April 2002 on special status of the body of the care of the public hospital service manager;
Having regard to the opinion of the Supreme Council of the military function dated February 14, 2002;
The Council of State (finance section) heard, enacts as follows: Chapter I: provisions General Article 1 nursing personnel and technicians of the hospitals of the armed forces participating in missions of the health service of the armies in coaching, care, rehabilitation, medical or administrative jobs corresponding to their qualification.


Article 2 nursing personnel and technicians of the military hospitals have a body of professional soldiers whose particular hierarchy does not have assimilation with the General military hierarchy.
The hierarchy of grades and steps as well as the staggering scale are those which are in force on the date of April 23, 2002 in the body of the public hospital service designated counterpart body in the table below: you can consult the table in OJ No. 299 of 24/12/2002 page 21519 to 21521 Article 3 from the body of the care manager members According to their training of origin, of the nursing sector, the chain of rehabilitation and medico industry.


Article 4 the body of health executives include, as their training: 1 ° in the nursing sector: a) nurses frames health;
b) of operating room nurses health frameworks;
(c) anaesthetist nursing frameworks of health;
(d) childcare workers frames health.
2 ° in the rehabilitation chain: has) masseurs-physiotherapists frames health;
(b) speech language pathologists frameworks of health;
(c) orthoptist frameworks of health;
(d) dieticians management health.
3 ° in the medico industry: has) preparers in hospital pharmacy health frameworks;
(b) laboratory technicians frameworks of health;
c) manipulators of medical radiologic health frameworks.


Article 5 members of the body governed by this Decree are submitted, for everything that is not set: 1 ° to the laws and regulations applicable to career officers when they belong to the body of Director of care, to executives of health body, the rank of midwife framework, or midwife framework more in the body of midwives;
2 ° to the laws and regulations applicable to career NCOs, in other cases.

Chapter II: Recruitment Article 6 members of bodies other than those of Director of care and health executives are recruited to choose, in accordance with the provisions of article 45 of the law of 13 July 1972 referred to above, among the military engaged which comply with requirements on the date of April 23, 2002, for access to the peer of the hospital public service body.


Section 7 health executives are recruited from among candidates who meet the conditions required at the date of April 23, 2002, for access to the approved body of the public hospital service, by competition in securities that can be opened: 1 ° for at least 90% of vacancies, career military and military serving under a contract;
2 ° within the limit of 10% of the positions to be filled, officials and unlicensed agents in private sector health professionals.
Places not allocated on the basis of 1 ° or 2 ° may be carried over to the other mode of recruitment.
Candidates in these competitions are appointed to the rank of health framework and take rank on the seniority list in the order of their ranking in the competition. In the absence of common jury, health executives recruited from the title of the 2 ° above enrolled after those from the other mode of recruitment.


Section 8 care directors are recruited from the military belonging to the corps of cadres of health or health framework diploma holders, who have worked at least five years of effective frameworks as service and satisfying the conditions required at the date of April 23, 2002, for access to the peer of the hospital public service body by competition on tests that can be opened, in nursing, rehabilitation and medico-technical fields: 1 ° for at least 90% of vacancies, career military and military serving under a contract;
2 ° within the limit of 10% of the posts to be filled, officials, servants without tenure and health professionals from the private sector who have exercised one of the occupations in the three sectors mentioned above for at least ten years.
Places not allocated on the basis of 1 ° or 2 ° may be carried over to the other mode of recruitment in the corresponding sector.
Candidates in these competitions are appointed to the rank of Director of 2nd class care and take rank on the seniority list in the order of their ranking in the competition, the directors of the 2nd class care recruited the 2 ° above being registered after those from the other mode of recruitment.


Article 9

The number of places offered to each of the planned competition in articles 7 and 8, detailed rules for the organisation of these competitions and the composition of the Board shall be fixed by Decree of the Minister of defence.

Chapter III: Advancement Article 10 the advancement in rank has to choose. No one can be promoted if it is registered on an array of progress established after notice of a commission formed under the conditions provided for in article 41 or article 47 of the Act of 13 July 1972 referred to above, depending on whether the person serves as officer career or career NCO.


Article 11 the members of each body shall, in relation to conditions for access in each grade, access and conditions for classification in grade levels, conditions for reclassification and the allocation of bonuses for seniority, subject to the rules that apply in the body approved of the public hospital service at the date of April 23, 2002.

Chapter IV: Specialized training Article 12 military nurses and technicians from hospitals of the armed forces admitted to specialized training attested by a certificate or a degree allowing them to another body, grade or employment regulated by this Decree are committed to remain in activity with a duration equal to three times the period of specialized training, within the limit of five years maximum from obtaining this certificate or diploma.
Nursing personnel and technicians from hospitals of armed which, for any other cause that medical unfitness duly observed, do not comply with the undertaking provided for in the preceding paragraph are required to a refund of payments received during the period of specialized training they received, proportionally to the length of service their remaining.

Chapter V: Provisions transitional Article 13 nursing personnel and technicians of the hospitals of the armed forces belonging to the corps main nurses and the body of the directors of the paramedical schools are integrated in the body of the care manager and classified in grades and levels of grades of this body under the same conditions as members of the homologous to the public hospital service corps.
Military nurses and technicians of the hospitals of the armed forces belonging to the body of nurse supervisors-heads of healthcare, nurses of operating room supervisors-heads of medical services, specialised nurses in anaesthesia and resuscitation supervisors-heads of healthcare, childcare workers supervisors-heads of medical, laboratory supervisors-heads technicians, manipulators of radiologic medical supervisors-chiefs, masseurs-physiotherapists supervisors-heads of medical, speech-language pathologists supervisors-heads of medical orthoptist supervisors-heads medical services and dieticians supervisors-heads of medical services are integrated in the body of the framework of health and classified in grades as well as in the echelons of the ranks of this body under the same conditions as members of the homologous body of the public hospital service.
Nursing personnel and technicians from hospitals by armed members of bodies other than those referred to in the first two paragraphs of this article are reclassified in the ranks as well as in the echelons of the ranks of these bodies in the same conditions as members of the homologous body of the public hospital service.


Article 14 military nurses and technicians from hospitals of the armed forces, on the one hand, who were, at the date of 13 February 1994, aid-preparers in Pharmacy and doctor aid jobs and other hand, who are in office on the date of publication of this Decree in laboratory assistant jobs consist in three frames of extinction subject to the rules that apply to executives of extinction of the public hospital service designated as frames homologated in the table below : You can consult the table in OJ No. 299 of 24/12/2002 page 21519 to 21521 chapter VI: final provisions Article 15 to the application of article 16 of the civil and military retirement pensions code, assimilations planned to attach the new indices of balance referred to in article L. 15 of the code are determined under the same conditions as those laid down for serving members.


Article 16 no. 94-129 of 10 February 1994 amended decree establishing the status of nursing personnel and technicians of the hospitals armies is repealed.


Article 17 the Prime Minister, Defence Minister, the Minister of economy, finance and industry, the Minister of public service, the reform of the State and the development of the territory and the Minister delegate for the budget and budget reform 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 December 20, 2002.
Jacques Chirac by the President of the Republic: Prime Minister Jean-Pierre Raffarin defence minister Michèle Alliot-Marie of the economy, finance and Industry Minister Francis Mer the Minister of public service, the reform of the State and the development of the territory, Jean-Paul Delevoye Minister delegate for the budget and budget reform, Alain Lambert

Related Laws