Key Benefits:
The Prime Minister,
On the report of the Minister of Health, Youth and Sports,
Considering the code of social action and families;
Vu le Public Health Code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 88-976 of 13 October 1988 amended on certain positions of hospital staff;
Vu le Decree No. 89-920 of 21 December 1989 amended on the National Joint Advisory Committees established by Article 25 of the Act of 9 January 1986 on statutory provisions relating to the hospital public service;
Vu le Decree No. 91-790 of 14 August 1991 amended on national parity boards of the hospital public service;
Vu le Decree No. 2005-921 of 2 August 2005 amended with special status of the ranks and employment of the management staff of the establishments referred to in Article 2 (1°, 2° and 3°) of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2007-196 of 13 February 2007 relating to the equivalences of diplomas required to present themselves to the public service access competitions and employment frameworks;
Having regard to Decree No. 2007-1930 of 26 December 2007 on the special status of the body of directors of health, social and mediocial institutions of the public hospital service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 16 November 2007;
The State Council (Social Section) heard,
Decrete:
In the title, in the second paragraph of Article 1st, in the second paragraph of Article 15, in the second, third, fifth and last paragraphs of Article 21, in Article 31 and Article 32 of the above-mentioned Decree of 2 August 2005, the words "1°, 2° and 3°" are replaced by the words "1° and 7°".
Article 1 of the same decree is amended as follows:
1° The second paragraph is amended to read:
(a) The first sentence is amended to read:
― the words "more than 250 beds" are deleted;
― the sentence is supplemented by the words: ", with the exception of the establishments on the list provided for in article 1 of Decree No. 2007-1930 of 26 December 2007 bearing the special status of the body of directors of health, social and mediocial institutions of the public hospital service. » ;
(b) The second sentence is replaced by the following sentence: "They may also exercise their functions, as director, in the establishments mentioned in 2° to 6° of Article 2 of the law of 9 January 1986 referred to above when they are the subject of a common direction with an establishment mentioned in 1° or 7° of this article. » ;
2° 2° is supplemented by the following words: "in the second paragraph or 2° to 6° of Article 2 of the law of 9 January 1986 referred to above; » ;
3° The seventh paragraph is amended to read:
(a) The words: ", on the reimbursement of all or part of their remuneration, as well as on their possible participation in executive custody" are replaced by the words: "and on the reimbursement of all or part of their remuneration. » ;
(b) The paragraph is supplemented by two phrases as follows: "They may also provide directional guards in institutions, other than their duty station, referred to in Article 2 of the Act of 9 January 1986 referred to above. A convention between these establishments sets out the modalities for the establishment of these inter-institutional management guards. »
In Article 3 of the same decree, after the word: "institutions", are inserted the words: "in the second paragraph of Article 1 of this decree or at 2° to 6° of Article 2 of the Law of 9 January 1986 referred to above when it is a common direction with an institution mentioned in 1° or 7° of this Article,".
Article 4 of the same decree is amended as follows:
1° The 1° of I is amended to read:
(a) The words: "40 years" are replaced by the words: "45 years";
(b) The paragraph is supplemented by the following words: "or warranting a degree, a training title or a professional experience meeting the conditions set by the Decree No. 2007-196 of 13 February 2007 relating to the equivalences of diplomas required to present themselves to the public service access competitions and employment frameworks; » ;
2° The III is deleted.
Article 5 of the same decree is amended as follows:
1° In the fourth paragraph, the words "in the State" are replaced by the words "in the School of High Studies in Public Health";
2° In the fifth preambular paragraph, the words: "after notice of the commission referred to in III of the same article 4" are replaced by the words: "when this training meets the conditions established by the Commission chapter II of the decree of 13 February 2007 above".
Article 6 of the same decree is amended as follows:
1° The second to fifth paragraphs are replaced by the following:
"The master students who previously have the status of a non-custodial officer or a hospital practitioner are classified at the level with an equal index or, if not, immediately higher than the one they received in their original employment or at the level corresponding to the remuneration they previously held. » ;
2° The last paragraph is deleted.
In the first paragraph of Article 7 II of the same decree, the words: "or a degree recognized by the commission provided for in Article 4 III" are replaced by the words: "or justifying a diploma, a training title or a professional experience meeting the conditions set out in the decree of February 13, 2007 above,".
Article 8 of the same decree is amended as follows:
1° The second paragraph is supplemented by the following sentence: "The detachment of an employee cannot be pronounced in the institution where he or she performs his or her duties. » ;
2° The article is supplemented by three paragraphs as follows:
"The detached officers are required to follow, during the first two years of their detachment, a training course for adapting to employment organized by the School of High Studies in Public Health and being validated by a jury, under the conditions fixed by the Minister for Health.
"The detachment can only be renewed if the parties have met this requirement.
"This training requirement also applies to personnel seconded under other legislative or regulatory provisions. »
The first paragraph of Article 9 of the same Decree is supplemented by a sentence that reads as follows: "It can only be pronounced if the officers have met the training requirement provided for in Article 8."
Article 10 of the same decree is amended as follows:
1° I is amended to read:
(a) At 1°, the rate: "3%" is replaced by the rate: "6%";
(b) The first paragraph of the second paragraph is amended to read:
– the rate: "2%" is replaced by the rate: "4%";
― after the word "public servants" are inserted the words "category A";
(c) The second paragraph of 2° is replaced by the following:
"These public servants must, as of January 1 of the year in which they are registered on the fitness list provided for in section 11, justify ten years of actual service in category A or, if they are hospital practitioners, six years of actual service and are over forty years of age.
"The places offered to each of the categories mentioned in 1° and 2° that would not have been filled may be assigned to the other category. » ;
2° II is amended to read:
(a) At 1°, the rate: "6%" is replaced by the rate: "9%";
(b) The first paragraph of the second paragraph is amended to read:
– the rate: "4%" is replaced by the rate: "6%";
― after the word "public servants" are inserted the words "category A";
(c) The second paragraph of the second paragraph is amended to read:
― the words "ten years" are replaced by the words "8 years";
― after the word: "effective" are inserted the words: "in category A";
― the words "and under fifty-five years" are deleted;
(d) The paragraph shall be supplemented by a paragraph to read:
"The places offered to each of the categories mentioned in 1° and 2° that would not have been filled may be assigned to the other category. »
The first paragraph of article 12 of the same decree is supplemented by a sentence so written: "This internship cannot be carried out in the institution where they were performing their duties. »
The last paragraph of article 13 of the same decree is supplemented by a sentence that reads as follows: "However, after the advice of the National Joint Administrative Commission, they may be allowed to perform a second year of internship, which may be done in another public health institution. »
Article 15 of the same decree is amended as follows:
1° The 1° is replaced by the following:
« 1° Four representatives of the Minister for Health and four alternates; » ;
2° After the sixth preambular paragraph, a sub-item is inserted:
« 4° The Director General of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service and an alternate. » ;
3° The seventh preambular paragraph, which became the eighth, was supplemented by a sentence that reads as follows: "In the event of the absence or incapacitation of the President, the Chair shall be chaired by the Director General of the National Management Centre. »
It is inserted after Article 19 of the same decree, an article 19-1, as follows:
"Art. 19-1. - In the event of establishments being created from an existing establishment, the head of the institution is appointed as the head of one of the establishments thus created. Each deputy director is reassigned to one of the institutions thus created. Their appointments are made by order of the Minister for Health for the Chief of Institution and by order of the Director General of the National Management Centre for Deputy Directors, without prior publication of the vacancies. »
The first paragraph of Article 22 of the Decree is amended as follows:
After the words: "are the object", the words are inserted: "in accordance with a procedure determined by decree".
Article 25 of the same decree is replaced by the following provisions:
"Art. 25.-Directors of this status may, with their consent, be made available:
« 1° Institutions mentioned in Article 2 of the above-mentioned Law of 9 January 1986, for all or part of their activity;
« 2° State and public institutions;
« 3° Territorial authorities and their public institutions;
« 4° Organizations contributing to the implementation of a policy of the State, the territorial authorities or their administrative public institutions, for the exercise of the only public service missions entrusted to these bodies;
« 5° International intergovernmental organizations;
« 6° Foreign states, provided that the grievor maintains, through his missions, a functional connection with his original administration;
« 7° Co-operation groups or other cooperative structures referred to in the Public Health Code and the Code of Social Action and Families;
« 8° Public interest groups.
"The conditions, duration and specific rules applicable to such staff are those established by the Title I and V of the decree of 13 October 1988 referred to above. »
Under the same decree, an article 25-1 is added:
"Art. 25-1. - The search for assignment is the situation in which management personnel are placed, taking into account the needs of the service, at the National Management Centre, either on their request or on their own, in order to allow their adaptation or professional conversion or to promote the reorganization or restructuring of hospital structures.
"The placement of an employee in search of assignment shall be pronounced, after the advice of the National Joint Administrative Committee and for a maximum of two years, by order of the Minister for Health for Directors and by order of the Director General of the National Management Centre for Deputy Directors.
"When the placement in search of assignment is requested by the authority responsible for the evaluation of the grievor, the application shall be submitted, after an interview with the individual, on the basis of a reasoned report, in particular, on the annual evaluations. This report is provided to the National Joint Administrative Committee, which also takes note of any comments made by the grievor.
"In the job search situation, the grievor is required to carry out all actions and actions, determined with him and arrested by the National Management Centre, allowing him to either return to a public health institution or to access another job in the public or private sectors. It may, at the request or with the agreement of the National Management Centre, carry out its activity in an institution other than that in which it was previously assigned, within the framework of a convention between that institution and the National Management Centre. At his or her request or that of the National Management Centre, he or she has a professional assessment and training actions.
"The grievor receives at least three assignment proposals from the National Management Centre during his assignment search period. It can apply to jobs whose vacancy is published.
"The remuneration of the staff member, provided by the National Management Centre, includes, inter alia, his/her indiciary salary and a compensation scheme established by the National Management Centre.
"At the end of the second year of assignment search, the grievor is placed in a stand-by position without limitation of duration.
"The National Management Centre submits to the National Joint Administrative Committee an annual report on the management of management staff in search of assignment. »
Article 29 of the same decree is supplemented by a paragraph thus written:
"In the event that a common direction is established between, on the one hand, public health institutions on the list provided for in Article 1 of the decree of 26 December 2007 already mentioned and, on the other hand, establishments referred to in 2° to 6° of Article 2 of the law of 9 January 1986 referred to above, the employment of director is provided by a member of the body of directors of sanitary, social and mediocco-appointment establishments The deputy directors of an establishment referred to in 2° to 6° of section 2 of the same Act may be appointed members of the common management, under the conditions defined in the second paragraph of this section. »
I. ― It is inserted after Article 38 of the same decree, an article 38-1, as follows:
"Art. 38-1.-Directors assigned to the establishments referred to in 2° and 3° of section 2 of the Act of 9 January 1986 referred to or included in the list provided for in section 1 of the decree of 26 December 2007 already mentioned, on the date of effect of Decree No. 2007-1927 of 26 December 2007 amending Decree No. 2005-921 of 2 August 2005 bearing special status of the ranks and employment of the management staff of the establishments referred to in Article 2 (1°,2° and 3°) of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service, Decree No. 89-920 of 21 December 1989 National Joint Advisory Committees of the Hospital Public Service and Decree No. 91-790 of 14 August 1991 relating to the national parity boards of the hospital public service, retain their status and compensation in their personal capacity if they benefit from it. »
II.- At the beginning of article 42 of the same decree, it is inserted a paragraph as follows:
"For the purposes of the provisions of section 21 of this Decree, the changes in the establishment within the meaning of 2° and 3° of section 2 of the above-mentioned Act of 9 January 1986 shall be taken into account, for the executives concerned, which occurred prior to the date of entry into force of the decree of 26 December 2007 already mentioned. »
Article 2 of the above-mentioned Decree of 21 December 1989 is supplemented by two paragraphs:
"The incumbent members and alternate members representing the administration are appointed by order of the Minister for Health.
"The chair of the committee is provided by the Director of Hospitalization and Care Organization. In the event of the absence or incapacity of the hospital, the chair is provided by the Director General of the National Centre for the Management of Hospital Practitioners and Management of the Hospital Public Service. »
The second and third sentences of the first paragraph of Article 7 of the above-mentioned Decree of 14 August 1991 are replaced by the following provisions:
"They understand:
« 1° The director of hospitalization and care organization, chair of the commission, or his representative;
« 2° The Director General of the National Centre for the Management of Hospital Practitioners and Management Personnel of the Hospital Public Service, or his representative;
« 3° Representatives selected from members of the General Inspectorate of Social Affairs, heads of service, deputy directors, deputy directors and civil administrators of the Ministry of Health in the position of activity or detachment;
« 4° Representatives of the deliberative assemblies of the establishments mentioned in Article 2 of Title IV of the general status of civil servants, appointed by the Hospital Federation of France.
"In the event of the absence or incapacity of the chair of the commission, the chair is provided by the Director General of the National Management Centre. »
The Minister of Labour, Social Relations and Solidarity, the Minister of Health, Youth and Sports, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for Solidarity and the Secretary of State for the Public Service are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic and will take effect on 1 January 2008.
Done in Paris, December 26, 2007.
François Fillon
By the Prime Minister:
The Minister of Health,
youth and sports,
Roselyne Bachelot-Narquin
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
in charge of solidarity,
Valérie Létard
Secretary of State
Public Service,
André Santini
