Advanced Search

Decree No. 2008-308, April 2, 2008, Containing Provisions Relating To Teachers And Hospital Staff In Pharmaceutical Disciplines

Original Language Title: Décret n° 2008-308 du 2 avril 2008 portant dispositions relatives aux personnels enseignants et hospitaliers dans les disciplines pharmaceutiques

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Summary

Amendments to Decrees 84-135, 84-431, 87-31 and 92-70. Repeal of articles 39, 40, 42 and 43 of Decree 2006-593.

Keywords

OVERVIEW, OVERVIEW, OVERVIEW, OVERVIEW,


JORF no.0080 of 4 April 2008
text No. 73



Decree No. 2008-308 of 2 April 2008 on provisions relating to teachers and hospitals in pharmaceutical disciplines

NOR: ESRX0773477D ELI: https://www.legifrance.gouv.fr/eli/decret/2008/4/2/ESRX0773477D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2008/4/2/2008-308/jo/texte


President of the Republic,
On the report of the Prime Minister, the Minister of Higher Education and Research and the Minister of Health, Youth, Sports and Associative Life,
Considering the education code;
Vu le Public Health Code ;
Vu la Act No. 72-659 of 13 July 1972 concerning the situation of civil personnel of cultural, scientific and technical cooperation with foreign states;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2003-775 of 21 August 2003 reforming pensions;
Vu le Decree No. 82-1149 of 29 December 1982 amended to implement the Act of 28 October 1982 and to provide various statutory measures for full-time practitioners of public hospitalization institutions;
Vu le Decree No. 83-1260 of 30 December 1983 Amending the statutory provisions common to the bodies of public officials of scientific and technological institutions;
Vu le Decree No. 84-135 of 24 February 1984 amended by establishing the status of teachers and hospitals in hospitals and universities;
Vu le Decree No. 84-431 of 6 June 1984 Amending the common statutory provisions for teachers-researchers and bearing particular status of the body of university professors and the body of lecturers;
Vu le Decree No. 85-465 of 26 April 1985 amended on the classification rules for persons appointed in the bodies of teachers and researchers of higher education institutions and research under the Ministry of National Education;
Vu le Decree No. 85-733 of 17 July 1985 amended on lecturers and professors from associated or invited universities;
Vu le Decree No. 87-31 of 20 January 1987 amended on the National Council of Universities for Medical and Odonological Disciples;
Vu le Decree No. 90-92 of 24 January 1990 amended to provide for the status of teachers and hospital staff in hospital and university health care, education and dental research centres;
Vu le Decree No. 91-267 of 6 March 1991 amended on associate or invited teachers in certain higher education institutions under the Minister for Higher Education;
Vu le Decree No. 92-70 of 16 January 1992 amended on the National Council of Universities;
Vu le Decree No. 99-170 of 8 March 1999 bearing special status of the body of assistants of higher education;
Vu le Decree No. 2006-593 of 23 May 2006 amending Decree No. 84-135 of 24 February 1984 Status of teachers and hospitals in hospital and university centres;
Vu le Decree No. 2007-658 of 2 May 2007 the cumulative activities of public servants, non-public law officers and state industrial establishment workers;
Having regard to the advice of the technical committee of incumbent teachers and university-level trainees dated 4 February 2008;
Considering the opinion of the Conseil supérieur de la service publique de l'État dated 18 March 2008;
The State Council (Social Section) heard;
The Council of Ministers heard,
Decrete:

  • PART I PERMANENT PROVISIONS
    • Chapter I Amendments to Decree No. 84-135 of 24 February 1984 Article 1 Learn more about this article...


      Article 26-6 of the aforementioned Decree of 24 February 1984 is replaced by the following provisions:
      "Art. 26-6.-The remuneration of the staff referred to in the 3rd of Article 1 shall be determined according to the terms defined by decree of the ministers responsible for higher education, health and budget. This remuneration follows the evolution of public service salaries and may be increased, if any, by the following allowances:
      « 1° Indemnities for participation in the permanence of care;
      « 2° Allowances to develop network work;
      « 3° Indemnity corresponding to a variable complementary portion of hospital emoluments and subject to compliance with a determinative contractual commitment, in accordance with provisions of articles R. 4127-5, R. 4127-95, R. 4127-97, R. 4127-249 and R. 4235-18 of the Public Health Codequality and activity objectives measured by indicators defined by decree of ministers responsible for health and budget;
      « 4° An exclusive public service commitment award to the heads of clinics of hospitals-assisted universities and university hospital assistants who, during the course of their duties as chief of clinic at universities-assisted hospitals or university hospital assistants, undertake not to exercise a liberal activity as provided for in theArticle L. 6154-1 of the Public Health Code.
      "The amount, terms and conditions of award and payment of the allowances referred to in this section shall be determined by order of Ministers responsible for higher education, health and budget. »

      Article 2 Learn more about this article...


      Article 30 of the same decree is replaced by the following provisions:
      "Art. 30.-University hospital practitioners receive equal pay for hospital practitioners who have reached the same level. This compensation is at the expense of the state for half and at the expense of the university hospital center for the other half. It may be increased, if any, by the following allowances, also to the University Hospital:
      « 1° Indemnities for participation in the permanence of care;
      « 2° Allowances to develop network work;
      « 3° A compensation corresponding to a variable complementary portion of hospital emoluments, and subject to compliance with a determinant contractual commitment, in accordance with provisions of articles R. 4127-5, R. 4127-95, R. 4127-97, R. 4127-249 and R. 4235-18 of the Public Health Codequality and activity objectives measured by indicators defined by decree of ministers responsible for health and budget;
      « 4° An exclusive public service allowance paid to university hospital practitioners who, during the period of their detachment as a university hospital practitioner, undertake not to exercise a liberal activity as provided for in theArticle L. 6154-1 of the Public Health Code.
      "The amount, terms and conditions of award and payment of the allowances referred to in this section shall be determined by order of Ministers responsible for higher education, health and budget. »

      Article 3 Learn more about this article...


      The third paragraph of Article 38 of the Decree is replaced by the following provisions:
      « 2° Hospital emoluments not subject to other pension deductions than those under the additional public pension plan established by the Act No. 2003-775 of 21 August 2003 reform of pensions, due to the activities carried out on behalf of the hospital and variable according to the service seniority. The amount of these emoluments is fixed by decree of ministers responsible for higher education, health and budget, and follows the evolution of public service salaries. These emoluments may be increased, if any, by the following allowances:
      “(a) Indemnities for participation in the permanence of care;
      “(b) Allowances to develop network work;
      "(c) Indemnity corresponding to a variable complementary portion of hospital emoluments, subject to compliance with a determinative contractual commitment, in accordance with provisions of articles R. 4127-5, R. 4127-95, R. 4127-97, R. 4127-249 and R. 4235-18 of the Public Health Codequality and activity objectives measured by indicators defined by decree of ministers responsible for health and budget;
      "(d) An exclusive public service allowance paid to incumbents who undertake, for a period of three years renewable, not to engage in a liberal activity as provided for in theArticle L. 6154-1 of the Public Health Code.
      "The amount, terms and conditions of award and payment of the allowances referred to in this section shall be determined by order of Ministers responsible for higher education, health and budget. »

      Article 4 Learn more about this article...


      Article 40 of the same decree is replaced by the following provisions:
      "Art. 40.-Disciplinary changes are pronounced by decree of ministers responsible for higher education and health, after favourable opinion, as the case may be, of the sub-section or section of the National Council of Universities for medical, odontological and pharmaceutical disciplines competent for the new discipline. »

      Article 5 Learn more about this article...


      Article 48 of the same decree is amended as follows:
      1° The second paragraph shall be replaced by the following:
      « 1° A first competition is open, in clinical and mixed disciplines, to the heads of clinics of hospitals-assisted universities and former heads of clinics of hospitals-assisted universities, and in biological and mixed disciplines, to university hospital assistants and former university hospital assistants. This first competition is also open for all disciplines, academic hospital practitioners and hospital practitioners. Candidates must justify at least one year of effective exercise of functions in either of these qualities and be holders of the degree of studies and research in human biology or of the State doctorate in human biology or of a degree admitted in equivalence and whose list is fixed by order of the Minister responsible for higher education; »
      2° In the fifth paragraph, the words: "with the exception of the condition holding at the age of 1°" are deleted.

      Article 6 Learn more about this article...


      In the second paragraph of Article 48-1 of the same Decree, the words "to be less than forty-five years of age as of January 1 of the year of the contest and" are deleted.

      Article 7 Learn more about this article...


      Article 51 of the same decree is amended as follows:
      1° The first paragraph is replaced by the following:
      "Applications are examined by jury members, as the case may be, of the sub-section, section or intersection of the National Council of Universities for medical, odontological and pharmaceutical disciplines whose employment falls. They are chaired by the chair of the subsection, section or intersection. » ;
      2° In the third paragraph, the words: "National Council of Universities for Medical and Odonological Disciples" are replaced by the words: "National Council of Universities for Medical, Odonological and Pharmaceutical Disciples".

      Article 8 Learn more about this article...


      The eighth paragraph of Article 52 of the Decree is replaced by the following provisions:
      "In the event that the hospital discipline of employment differs from the academic discipline, a candidate may only be registered on the admission list with the agreement, as the case may be, of the sub-section or section of the National Council of Universities for medical, odontological and pharmaceutical disciplines competent for hospital discipline. »

      Article 9 Learn more about this article...


      It is inserted, after Article 54-1 of the same decree, an article 54-2 as follows:
      "Art. 54-2.-I. ― At the time of their tenure, the lecturers of universities-patient practitioners and lecturers of universities-patient practitioners in pharmaceutical disciplines benefit from a hospital classification taking into account the duration of the functions listed below:
      « 1° Functions of clinical chief of universities- Hospital Assistant, University Hospital Assistant, University Hospital Assistant in Pharmaceuticals, University Hospital Practitioner, Full-time and Part-time Hospital Practitioner, Medical, Biologist or Pharmaceutical in the Armed Health Service;
      « 2° Medical, biologist or pharmacist functions in private institutions participating in the public hospital service and in organisms or blood transfusion institutions;
      « 3° Hospital functions equivalent to those mentioned in the 1st of this article, carried out in institutions of a Member State of the European Community or of a State Party to the agreement on the European Economic Area, other than France, whose missions are comparable to those of institutions providing the public hospital service.
      “II. ― These functions are retained for half of their duration up to twelve years and for a quarter beyond that duration and provided that they have been performed for a quotity of working time equivalent to at least half of a full time. »

      Article 10 Learn more about this article...


      Chapter II of title III of the same decree is supplemented by an article 57 (2), as follows:
      "Art. 57-2. - The provisions of articles 57 and 57-1 of this decree shall apply to lecturers of universities-patients in the pharmaceutical disciplines. However, the section and the relevant training and research unit are those of the pharmaceutical discipline to which the persons concerned are concerned. »

      Article 11 Learn more about this article...


      Article 61 of the same decree is amended as follows:
      1° The second and third sentences of the first paragraph of the second paragraph are deleted;
      2° The last sentence of the second paragraph of the second paragraph is deleted;
      3° In the seventh paragraph, the words: "with the exception of the condition holding at the age of 2°" are deleted.

      Article 12 Learn more about this article...


      Article 61-2 of the same decree is amended as follows:
      1° The third is repealed;
      2° The 4th becomes the 3rd.

      Article 13 Learn more about this article...


      It is inserted after Article 63 of the same decree, an article 63-1, as follows:
      "Art. 63-1.-I. ― Within 5% of the recruitments in the bodies of professors at universities-patients and professors at universities-hospitable practitioners in the pharmaceutical disciplines, direct access examinations to the degree of professor at universities-practor hospital in the first class or to the degree of professor at universities-practor hospital in the first class of pharmaceutical disciplines may be open to candidates who do not have the quality of a member of the teaching staff and holder or not
      "The duration of these functions can only be taken into account if the persons concerned did not have, when exercising them, the quality of a member of the incumbent or non-permanent teacher and hospital staff, an employee or a public officer.
      “II. ― Within 2% of the recruitments in the bodies of professors at universities-patients and professors at universities-patients in pharmaceutical disciplines, direct access competitions to the degree of professor at universities-practor hospital in exceptional class or at the degree of professor at universities-practor hospital in exceptional class of pharmaceutical disciplines may be open to candidates who do not have the quality of a member of the teaching staff and holder or not
      "The duration of these functions can only be taken into account if the persons concerned did not have, when exercising them, the quality of a member of the incumbent or non-permanent teacher and hospital staff, an employee or a public officer.
      "III. ― Candidates to contests provided for in I and II of this article shall be held, as of January 1 of the year of the contest, of one of the diplomas or titles mentioned, as the case may be, in sections 61 and 61-2 of this decree.
      "Equivalent foreign diplomas or titles may, for access to these competitions, be admitted to exemption from these diplomas under conditions fixed by order of the minister responsible for higher education. »

      Article 14 Learn more about this article...


      Article 66 of the same decree is thus amended:
      1° The first paragraph is replaced by the following:
      "Applications are examined by jury members, as the case may be, of the sub-section, section or intersection of the National Council of Universities for medical, odontological and pharmaceutical disciplines whose employment falls. They are chaired, as the case may be, by the chair of the subsection, section or intersection. » ;
      2° In the third paragraph, the words: "National Council of Universities for Medical and Odonological Disciples" are replaced by the words: "National Council of Universities for Medical, Odonological and Pharmaceutical Disciples".

      Article 15 Learn more about this article...


      It is inserted, after Article 69 of the same decree, an article 69-1 as follows:
      "Art. 69-1.-When they are appointed, the professors of hospital universities and practitioners and professors of hospitals in pharmaceutical disciplines receive a hospital classification taking into account the duration of the functions listed below:
      « 1° Lecturer functions of universities-patient hospital, lecturer at universities-practice hospital in pharmaceutical disciplines, university hospital practitioner, full-time and part-time hospital practitioner, doctor, biologist or pharmacist of the military health service;
      « 2° Medical, biologist or pharmacist functions in private institutions participating in the public hospital service and in organisms or blood transfusion institutions;
      « 3° Hospital functions equivalent to those mentioned in the 1st of this article, carried out in institutions of a Member State of the European Community or of a State Party to the agreement on the European Economic Area, other than France, whose missions are comparable to those of institutions providing the public hospital service.
      "These functions are retained for half of their duration up to twelve years and for a quarter beyond that period, provided that they have been performed due to a quotity of working time equivalent to at least half of a full time. »

      Article 16 Learn more about this article...


      It is inserted, after Article 70-2 of the same decree, an article 70-3, as follows:
      "Art. 70-3. - The provisions of articles 70-1 and 70-2 of this Decree shall apply to professors of universities-patients in pharmaceutical disciplines. However, the section, the group of sections and the relevant training and research unit are those of the pharmaceutical discipline to which the persons concerned are concerned. »

      Article 17 Learn more about this article...


      Section 83 of the Decree is replaced by the following provisions:
      "Art. 83.-Research directors governed by Decree No. 83-1260 of 30 December 1983 laying down the statutory provisions common to the bodies of public, scientific and technological institutions, fulfilling the conditions of functions, exercise, diplomas and titles provided for in Article 62 of this decree, may be placed in a position of detachment in the body of professors of hospitals-practors or in the body of professors of universities-patients The detachment shall be pronounced by the Director General of the relevant scientific and technological public institution, after a favourable opinion, as the case may be, of the sub-section, section or intersection of the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples, the board of the medical, pharmaceutical, medical and pharmaceutical training unit, and the medical and pharmaceutical commission.
      "The detachment is carried out at grade equivalence and at the level with an equal index or, if not, immediately higher than that of which the individual was in his original body. Detached research directors shall, within the limits of the seniority required to access the upper level, retain the seniority they had acquired and, where appropriate, the personal benefit of their previous index.
      "The directors of seconded research contribute to the advancements of grade and level in the body of the professors of hospitals-practices or in the body of the professors of hospitals-practices of pharmaceutical disciplines with all the members of each of these bodies.
      "It cannot be put to an end before its completion of a detachment in the body of the professors of hospitals-practors or in the body of the professors of the universities-practors hospitals of the pharmaceutical disciplines only at the request of the interested person or after favourable advice of the above-mentioned bodies.
      "Research directors placed in a detachment position as a professor at universities-patient hospital or a professor at universities-practor hospital in pharmaceutical disciplines can be integrated on their application in one of these bodies within a period of one year. Integration is pronounced after advice from the board of the medical, pharmaceutical, or mixed, medical and pharmaceutical training and research unit and the medical establishment commission.
      "The beneficiaries of the provisions set out in the preceding paragraph are appointed either at the grade and at the level occupied by them in the detachment position, or, if this situation is more favourable to them, at the grade and level with an equal index or, if not, immediately higher than that reached in their original bodies at the time of their integration. They retain the seniority they have acquired and, where appropriate, the personal benefit of the previous index mentioned above. The actual services performed in the original body are equivalent to actual services performed in the integration body.
      "Non-detached or integrated research directors may perform hospital functions that do not require medical action in the disciplines referred to in section 49 of this Order.
      "Non-pharmacists who are detached or integrated may perform hospital functions that do not require pharmaceuticals in the disciplines referred to in section 49-1 of this Order. »

      Article 18 Learn more about this article...


      In the first sentence of the first paragraph of Article 27, in the second paragraph of Article 57, in the first paragraph of Article 70-1 and in the last paragraph of Article 70-2 of the same Decree, the words: "National Council of Universities for Medical and Odonological Disciples" are replaced by the words: "National Council of Universities for Medical, Odonological and Pharmaceutical Disciples".

      Article 19 Learn more about this article...


      After article 91-1 of the same decree, an article 91-2 is inserted as follows:
      "Art. 91-2. - The provisions of articles 26-6, 30 and 38 of this decree relating to hospital allowances may be amended by decree in the Council of State. »

    • Chapter II Amendments to Decree No. 84-431 of 6 June 1984 Rule 20 Learn more about this article...


      The first sentence of the second paragraph of Article 1 of the above-mentioned Decree of 6 June 1984 is replaced by the following provisions:
      "Teachers and hospitals in hospital and university centres remain governed by statutory provisions under articles L. 952-21 to L. 952-23 of the Education Code. »

      Article 21 Learn more about this article...


      The first sentence of the second paragraph of Article 9 of the Decree is replaced by the following provisions:
      "In terms of cumulative activity, they are subject to the legislative and regulatory provisions applicable to all public servants, including the general status of public servants and Decree No. 2007-658 of 2 May 2007 the cumulative activities of public servants, non-public law officers and state industrial workers. »

      Article 22 Learn more about this article...


      Article 19 of the same decree is amended as follows:
      1° The second sentence of the third paragraph is replaced by the following:
      "This order is taken in the light of the projects presented by the candidates, on a proposal, as the case may be, of the scientific council of the institution, sections of the National Council of Universities, or sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. » ;
      2° The fourth preambular paragraph is replaced by the following:
      "If leave is proposed by the competent section of the National Council of Universities, or, where appropriate, by the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines, it may only be granted for a period of six months or one year. » ;
      3° The second sentence of the sixth preambular paragraph is replaced by the following:
      "The report shall be transmitted to the Scientific Council and, where leave has been granted on its proposal, to the competent section of the National Council of Universities or, where appropriate, to the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. »

      Article 23 Learn more about this article...


      The first sentence of the first paragraph of Article 22 of the Decree is replaced by the following provisions:
      "The lecturers are recruited through an open competition by institution to provide one or more jobs of the same discipline among candidates on a qualification list to the functions of lecturer established by the National Council of Universities or, in pharmaceutical disciplines, by the National Council of Universities for Medical, Odontological and Pharmaceutical disciplines. »

      Article 24 Learn more about this article...


      Article 23 of the same decree is amended as follows:
      1° The third paragraph of the 1st is replaced by the following:
      "The holders of university degrees, qualifications and equivalent grades may be exempted from the possession of the doctorate by the National Council of Universities or, in pharmaceutical disciplines, by the National Council of Universities for Medical, Odontological and Pharmaceutical disciplines, sitting under Article 24 of this decree. » ;
      2° The 2° is replaced by the following:
      "2° Justify, as of January 1 of the year of registration, at least three years of effective professional activity in the preceding six years. Do not take into account teacher activities, research activities in public institutions of a scientific and technological character or the activities mentioned in III of Article 25 of the Act of 13 July 1983 referred to above or Article 2 of the above-mentioned Decree of 2 May 2007. »

      Rule 25 Learn more about this article...


      Article 24 of the same decree is thus amended:
      1° The first paragraph is replaced by the following:
      "Requests for registration on the qualification list for lecturer functions, with an individual qualification file, are reviewed by the competent section of the National Council of Universities or, in pharmaceutical disciplines, by the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. The qualification is appreciated in relation to the various functions of the teachers-researchers referred to in Article L. 952-3 of the Education Code and taking into account the various activities of the candidates. » ;
      2° The second paragraph is replaced by the following:
      "After hearing two rapporteurs appointed by his office for each candidate, the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines shall, in alphabetical order, determine the qualification list for the functions of lecturer. » ;
      3° The fifth preambular paragraph is replaced by the following:
      "Candidates whose qualification has been the subject of two consecutive refusals on the part of a section of the National Council of Universities or a section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines, during the previous two years, may apply to the competent group of the National Council of Universities or the group of Pharmaceutical disciplines of the National Council of Universities for medical, odontological and Pharmaceutical Training Such training shall be conducted in accordance with the provisions of this article. They also proceed to the examination of candidates. »

      Rule 26 Learn more about this article...


      The second paragraph of Article 25 of the Decree is replaced by the following provisions:
      "These jobs may correspond to one or more sections of the National Council of Universities or to one or more sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. »

      Rule 27 Learn more about this article...


      The 3rd of I of Article 26 of the same Decree shall be replaced by the following provisions:
      “(a) Candidates counting, as of January 1 of the year of the contest, at least four years of effective professional activity in the preceding seven years. Do not take into account teacher activities, research activities in public institutions of a scientific and technological character, or the activities mentioned in III of Article 25 of the Act of 13 July 1983 referred to above or Article 2 of the above-mentioned Decree of 2 May 2007. »

      Rule 28 Learn more about this article...


      The I of Article 40 of the Decree is replaced by the following provisions:
      "I. ― The advance takes place, on the one hand, on the proposal of the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines within the limits of the promotions offered by discipline at the national level, on the other hand, on the proposal of the board of directors within the scope of the promotions offered in the establishment, all disciplines combined, without the number of these promotions However, where the number of teachers-researchers assigned to an institution is less than fifty, the overall advancements are made on the proposal of the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines after the advice of the board of directors of the institution. »

      Rule 29 Learn more about this article...


      Article 43 of the same decree is replaced by the following provisions:
      "Art. 43.-To be able to present themselves to the competitions provided for in 1°, 2° and 4° of Article 46 of this decree, candidates must be registered on a qualification list for the functions of professor of universities established by the National Council of Universities or, in pharmaceuticals, by the National Council of Universities for medical, odontological and pharmaceutical disciplines. »

      Rule 30 Learn more about this article...


      Article 44 of the same decree is amended as follows:
      1° The second paragraph of 1° shall be replaced by the following:
      "The holders of university degrees, qualifications and equivalent grades may be exempted from the possession of the authorization to conduct research by the National Council of Universities or, in pharmaceutical disciplines, by the National Council of Universities for Medical, Odonological and Pharmaceutical Disciples, sitting under the provisions of Article 45. » ;
      2° The 2° is replaced by the following:
      "2° Justify, as of January 1 of the year of registration, at least five years of effective professional activity in the preceding eight years. Do not take into account teacher activities, research activities in public institutions of a scientific and technological character, or the activities mentioned in III of Article 25 of the Act of 13 July 1983 referred to above or Article 2 of the above-mentioned Decree of 2 May 2007. »

      Rule 31 Learn more about this article...


      Article 45 of the same decree is amended as follows:
      1° The first paragraph of I is replaced by the following:
      "Requests for registration on the qualification list for university professors, together with an individual qualification file, are reviewed by the competent section of the National Council of Universities or, in pharmaceutical disciplines, by the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. The qualification is appreciated in relation to the various functions of the teachers-researchers referred to in Article L. 952-3 of the Education Code and taking into account the various activities of the candidates. » ;
      2° II is replaced by the following:
      “II. ― However, in pharmaceutical disciplines, after hearing the two rapporteurs designated by his office for each candidate, the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines lists alphabetically candidates authorized to participate in a hearing, which includes a pedagogical examination. The terms and conditions of organization and the duration of the hearing and the teaching test are fixed by order of the minister responsible for higher education. At the end of the pedagogical test, the section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines sets out, in alphabetical order, the qualification list for the functions of professor of universities. » ;
      3° The second paragraph of the III is replaced by the following:
      "Candidates whose qualification has been the subject of two consecutive refusals on the part of a section of the National Council of Universities or a section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines, during the previous two years, may apply to the competent group of the National Council of Universities or the group of Pharmaceutical disciplines of the National Council of Universities for medical, odontological and Pharmaceutical Training Such training shall be conducted in accordance with the provisions of this article. They also proceed to the examination of candidates. »

      Rule 32 Learn more about this article...


      Article 46 of the same decree is thus amended:
      1° The 3° is replaced by the following:
      « 3° Within the limits of the ninth of the competitions in all disciplines, competitions are reserved for lecturers, at the closing date of registration, of the authorization to conduct research. The State Ph.D. is admitted in equivalence of the authorization to conduct research.
      "The holders of university degrees, qualifications and equivalent grades may be exempted from the ability to conduct research by the National Council of Universities or, in pharmaceutical disciplines, by the National Council of Universities for Medical, Odontological and Pharmaceutical disciplines. These two bodies shall sit in accordance with the provisions of Article 49-3 of this Decree.
      "The candidates must also have completed, as of 1 January of the year of the contest, ten years of service in a higher education institution of a Member State of the European Community, of a State party to the agreement on the European Economic Area or in another higher education institution under a mission of cultural, scientific and technical cooperation pursuant to Act No. 72-659 of 13 July 1972 concerning the situation of the civil staff » ;
      2° The 4° a is replaced by the following:
      “(a) Candidates counting, as of January 1 of the year of the contest, at least six years of effective professional activity in the preceding nine years. Do not take into account teacher activities, research activities in public institutions of a scientific and technological character, or the activities mentioned in III of Article 25 of the Act of 13 July 1983 referred to above or Article 2 of the above-mentioned Decree of 2 May 2007. »

      Rule 33 Learn more about this article...


      The second paragraph of Article 46-1 of the Decree is replaced by the following provisions:
      "The list of successful candidates is decided by the minister responsible for higher education on the proposal of a jury. The jury shall take a decision in the light of all the activities of the candidate and after having taken note of the reasoned opinion of the competent section of the National Council of Universities or, in the pharmaceutical disciplines, of the competent section of the National Council of Universities for Medical, Odontological and Pharmaceutical disciplines, sitting respectively in restricted training for university professors and assimilated. The jury is composed of members appointed by the minister responsible for higher education among university professors and assimilated professors, half of whom are elected members of the National Council of Universities equal to that of postulated employment or among the elected members of the sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines, of a rank equal to that of postulated employment. The members of the jury elect in their midst, by a single-minal majority vote of two towers, the president of the jury who has a dominant voice in case of equal sharing of votes. »

      Rule 34 Learn more about this article...


      The second paragraph of Article 47 of the Decree is replaced by the following provisions:
      "These jobs may correspond to one or more sections of the National Council of Universities or to one or more sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines. »

      Rule 35 Learn more about this article...


      Article 49-3 of the same decree is amended as follows:
      1° The first sentence of the second paragraph is replaced by the following:
      "The competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines is aware of the classification list prepared by the institution and examines each of the applications proposed to it. » ;
      2° The third paragraph is replaced by the following:
      "When, in the order of the list of classification proposed by the institution, a candidate receiving an unfavourable opinion from the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for Medical, Odontological and Pharmaceutical disciplines is better classified than a candidate receiving a favourable opinion from the institution, the section establishes a motivated report. » ;
      3° The fourth preambular paragraph is replaced by the following:
      "In the order of the classification list proposed by the institution, the best-ranked candidate who received a favourable opinion from the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines is appointed. »

      Rule 36 Learn more about this article...


      The I of Article 56 of the Decree is replaced by the following provisions:
      "I. ― The advance takes place, on the one hand, on the proposal of the competent section of the National Council of Universities or, in the pharmaceutical disciplines, on the proposal of the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines, within the limits of the promotions offered by discipline at the national level, on the other hand, on the proposal of the board of directors within the promotions offered in the institution, However, where the number of university professors assigned to an institution is less than thirty, all the advancements are made on the proposal of the competent section of the National Council of Universities or the competent section of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines after the advice of the board of directors of the institution. »

    • Chapter III Amendments to Decree No. 87-31 of 20 January 1987 Rule 37 Learn more about this article...


      In the title, in the first, second and third paragraphs of Article 8, in the first paragraph of Article 10, in the first and fourth paragraphs of Article 11, in Article 14, in the second, sixth, seventh and eighth paragraphs of Article 15, in the first paragraph of Article 16 and in the first paragraph of Article 17 of the decree of 20 January 1987 referred to above, the words "National Council of Universities for Medical Disciples"

      Rule 38 Learn more about this article...


      Article 1 of the same decree is replaced by the following provisions:
      "Art. 1-The National Council of Universities for Medical, Odonological and Pharmaceutical Disciples shall decide on the individual measures relating to the recruitment and career of university professors and lecturers in medical, odontological and pharmaceutical disciplines in the conditions provided for in the provisions of this Decree, Decree No. 84-135 of 24 February 1984 establishing the status of teachers and hospital staff of hospital and university centres and Decree No. 90-92
      "It takes action on the individual measures relating to the qualification, recruitment and career of professors from universities and lecturers from the group of pharmaceutical disciplines under the conditions provided for by the provisions of this Decree and Decree No. 84-431 of 6 June 1984 establishing the common statutory provisions applicable to teachers and researchers and bearing particular status of the body of professors from universities and the body of lecturers.
      "It shall, under the conditions provided for by the provisions of the statutes and by this decree, decide on the individual measures relating to the career of teachers of the first and second grade of dental surgery and heads of work of medical disciplines. »

      Rule 39 Learn more about this article...


      Article 2 of the same decree is replaced by the following provisions:
      "Art. 2.-I. ― For medical and odontological disciplines, the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples is composed of groups, themselves divided into sections corresponding to each discipline. Sections may include sub-sections that include, where appropriate, options.
      “II. ― For pharmaceutical disciplines, the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples is composed of a group of sections, one competent in respect of the personnel referred to in the first paragraph of section 1 of this Order, the other competent in respect of the personnel referred to in the second paragraph of the same section. Sections may include sub-sections that include, where appropriate, options.
      "III. – The list of groups, sections, sub-sections and options, as well as the number of members of each section or sub-section, shall be determined by joint order of Ministers responsible for higher education and the Minister responsible for health. »

      Rule 40 Learn more about this article...


      The first paragraph of Article 3 of the Decree is replaced by the following provisions:
      "Each section and sub-section includes, on the one hand, representatives of university professors and assimilated staff of medical, odontological or pharmaceutical disciplines, on the other hand, representatives of lecturers and assimilated staff of these same disciplines. »

      Rule 41 Learn more about this article...


      The second paragraph of Article 5 of the Decree is replaced by the following provisions:
      « 1° Staff with other higher education bodies at least equal to that of a university professor or lecturer in medical, odontological or pharmaceutical disciplines; "

      Rule 42 Learn more about this article...


      Article 9 of the same decree is amended as follows:
      1° The first sentence of the first paragraph is replaced by the following:
      "The members of each section of the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples elect in their midst, by a two-way majority single-member vote, an office composed of a president, two vice-presidents and a assessor. » ;
      2° The fourth preambular paragraph is replaced by the following:
      "In medical disciplines, where the section includes a number of lecturers and assimilated staff less than 20% of all members of the section, the second vice-president is elected from university professors and staff assimilated by all members of the section. » ;
      3° The first sentence of the sixth preambular paragraph is replaced by the following:
      "The members of each sub-section of the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples elect in their midst, by a majority vote of two towers, a president chosen among the professors of the sub-section. »

      Rule 43 Learn more about this article...


      Article 12 of the same decree is amended as follows:
      1° The first two paragraphs are replaced by the following:
      "The chair of section groups is provided by the minister responsible for higher education or his representative. The vice-chairing of these groups is provided by the hospital director in the Ministry of Health or his representative. » ;
      2° The first sentence of the fourth paragraph is replaced by the following:
      "The members of each intersection of the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples elect, by a majority vote of two towers, a president chosen among the professors of the intersection. »

    • Chapter IV Amendments to Decree No. 92-70 of 16 January 1992 Rule 44 Learn more about this article...


      Article 1 of the aforementioned decree of 16 January 1992 is amended as follows:
      1° In the second paragraph, the words "and pharmaceuticals" are deleted;
      2° The fourth preambular paragraph is replaced by the following:
      "The provisions of this decree are not applicable to teachers and hospital staff governed by the provisions of articles L. 952-21 to L. 952-23 of the Code of Education, as well as to professors from universities and lecturers in pharmaceutical disciplines. »

  • PART II OTHER AND TRANSITIONAL PROVISIONS Rule 45 Learn more about this article...


    The provisions of Article 54-2 of the above-mentioned Decree of February 24, 1984 are applicable to lecturers of universities-hospital practitioners and lecturers of universities-hospital practitioners of pharmaceutical disciplines appointed as of September 1, 2008.
    For the purposes of these provisions to personnel appointed prior to that date, the duties shall be retained by a third party of their duration up to twelve years.

    Rule 46 Learn more about this article...


    The provisions of Article 69-1 of the above-mentioned Decree of February 24, 1984 apply to professors at universities-patients and professors at universities-patients in pharmaceutical disciplines appointed as of September 1, 2008.
    For the purposes of these provisions to personnel appointed prior to that date, the duties shall be retained by a third party of their duration up to twelve years.

    Rule 47 Learn more about this article...


    For a period of two years from the publication of this decree, the services performed by hospital assistants, governed by articles R. 6152-501 to R. 6152-537 of the Public Health Code, prior to their recruitment as a university hospital assistant in the pharmaceutical disciplines, are considered to be effective services in these functions for the assessment of the condition of seniority provided for in the 2° of Article 48-1 of the decree of 24 February 1984 referred to above.

    Rule 48 Learn more about this article...


    For a period of three years from the publication of this decree, the services performed jointly as a teacher-researcher and hospital practitioner, prior to the appointment in the body of the lecturers of the universities-practices hospital of the pharmaceutical disciplines, are assimilated to actual services in this body for the appraisal of the condition of seniority provided for in the 2° of Article 61-2 of the decree of 24 February 1984 referred to above.

    Rule 49 Learn more about this article...


    For a period of four years from the publication of this decree, on their request, may benefit from direct integration into the bodies of the lecturers of the universities-practices hospitals of the pharmaceutical disciplines and professors of the universities-practors hospitals of the pharmaceutical disciplines, professors of the universities and lecturers governed by the Decree of 6 June 1984 who, at the date of publication of this decree, also have the quality of hospital practitioner governed by articles R. 6152-1 to R. 6152-99 of the Public Health Code or part-time hospital practitioner governed by articles R. 6152-201 to R. 6152-277 of the Public Health Code.

    Rule 50 Learn more about this article...


    For a period of four years from the publication of this decree, may be incorporated, upon their request, into the bodies of lecturers of the universities-patients of the pharmaceutical disciplines and professors of the universities-patients of the pharmaceutical disciplines, after the advice of the National Integration Commission mentioned at theArticle 38 of the Decree of 23 May 2006 referred to above :
    1° Lecturers and university professors governed by the Decree of 6 June 1984 and Assistants to Higher Education under the decree of 8 March 1999 referred to above who, on the date of publication of this decree, have been listed as a hospital practitioner as provided for by the 5° of article R. 6152-7 of the Public Health Code, or in a public institution of the State governed by the provisions of Public Health Code or a participating private institution pursuant to provisions of articles L. 6161-6 and L. 6162-5 of the Public Health Code, in the public hospital service, or perform one of the following hospital functions:
    (a) Contractual practitioner of public health institutions governed by articles R. 6152-401 to R. 6152-420 of the Public Health Code;
    (b) Hospital Assistant governed by articles R. 6152-501 to R. 6152-537 of the Public Health Code;
    (c) An attached practitioner or associate practitioner of public health institutions governed by articles R. 6152-601 to R. 6152-634 of the Public Health Code;
    2° Hospital practitioners governed by articles R. 6152-1 to R. 6152-99 of the Public Health Code, or part-time hospital practitioners governed by articles R. 6152-201 to R. 6152-277 of the same code that have been included in the qualification list for lecturers or on the qualification list for the functions of university professors provided for by the articles 22 and 43 of the decree of 6 June 1984 mentioned above, or who, at the date of publication of this decree, perform one of the following teaching functions:
    (a) Associate lecturer governed by the decree of 17 July 1985 referred to above ;
    (b) Associate lecturer whose functions correspond to those of the lecturers governed by the institution decree of 6 March 1991 referred to above ;
    (c) Professor of Associate Universities governed by the decree of 17 July 1985 mentioned above;
    (d) Associate professor whose functions correspond to those of university professors governed by the decree of 6 March 1991 mentioned above.

    Rule 51 Learn more about this article...


    The requests for the integration of the agents mentioned in articles 49 and 50 of this decree are submitted within three months of the publication of this decree.

    Rule 52 Learn more about this article...


    The three-year period Articles 35 and 36 of the Decree of 23 May 2006 referred to above, for the integration into the body of professors of universities-patients in pharmaceutical disciplines and in the body of lecturers of universities-patients in pharmaceutical disciplines is extended by two years.

    Rule 53 Learn more about this article...


    An order of Ministers responsible for higher education, health and budget determines, each year, the number of jobs that can be filled in accordance with Articles 35 and 36 of the Decree of 23 May 2006 referred to above and articles 49 and 50 of this decree. When, in the same hospital and university centre and for the same discipline, several persons are likely to occupy the same vacant position, the position is proposed as a priority according to the following criteria:
    1° For integrated personnel under theArticle 35 of the Decree of 23 May 2006 referred to above and section 49 of this decree, according to their seniority as a teacher-researcher when they had previously been a hospital practitioner, or their seniority as a hospital practitioner when they had previously been a teacher-researcher;
    2° For integrated personnel under theArticle 36 of the Decree of 23 May 2006 referred to above and Article 50 of this Decree, according to their seniority as a teacher-researcher or as a full-time or part-time hospital practitioner.

    Rule 54 Learn more about this article...


    University professors and senior lecturers governed by the Decree of 6 June 1984, integrated under section 35 and 1° of Article 36 of the Decree of 23 May 2006 referred to above and Article 49 and 1 of Article 50 of this Decree shall be reclassified, as the case may be, to the body of the professors of the universities-practices hospitals of the pharmaceutical disciplines or to the body of the lecturers of the universities-patients of the pharmaceutical disciplines with equivalence of grade and level with the conservation of the old age of degree acquired in their former situation.
    Derogation from provisions of Article 38 of the Decree of 24 February 1984 referred to above, personnel integrated under theArticle 35 of the Decree of 23 May 2006 referred to above and section 49 of this decree, if they find advantage, receive hospital emoluments not subject to other pension deductions than those made under the supplementary public pension plan established by the Act No. 2003-775 of 21 August 2003 pension reform, representing 60% of the emoluments provided by theArticle R. 6152-23 of the Public Health Code which they enjoyed in their former situation.
    Hospital practitioners governed by sections R. 6152-1 to R. 6152-99 of the Public Health Code and part-time hospital practitioners governed by sections R. 6152-201 to R. 6152-277 of the Public Health Code, integrated in accordance with 2° of Article 36 of the decree of 23 May 2006 mentioned above and of the 2nd of Article 50 of this decree, are reclassified into their new body under the conditions fixed by the decree of 26 April 1985 referred to above.

    Rule 55 Learn more about this article...


    Personnel likely to be integrated under the Articles 35 and 36 of the Decree of 23 May 2006 referred to above and articles 49 and 50 of this Decree shall receive a proposal for reclassification, if any, under the conditions established by the provisions of Article 41 of the Decree of 23 May 2006 referred to above. From the date of its receipt, they have a period of two months to accept their reclassification and their appointment in the body of the professors of the universities-practors hospital in the pharmaceutical disciplines and in the body of the lecturers of the universities-practors hospital in the pharmaceutical disciplines.

    Rule 56 Learn more about this article...


    Inclusions in the body of professors at universities-patients in pharmaceutical disciplines and lecturers at universities-patients in the pharmaceutical disciplines of staff who have submitted applications in application of Articles 35 and 36 of the Decree of 23 May 2006 referred to above and pursuant to this decree shall be pronounced within four months from the date of acceptance of the reclassification proposal.

    Rule 57 Learn more about this article...


    Recruitment of medical personnel and hospitals under the provisions of the articles 48 and 61 of the decree of 24 February 1984 referred to aboveand when employment falls within a sub-section of the National Council of Universities for Medical, Odontological and Pharmaceutical Disciples, the jury referred to in articles 51 and 66 of the same decree shall be formed by members of the same sub-section.

    Rule 58 Learn more about this article...


    Recruitment of teachers and hospitals in pharmaceutical disciplines under the provisions of the articles 48-1 and 61-2 of the decree of 24 February 1984 referred to above and when employment falls under a section of the National Council of Universities for medical, odontological and pharmaceutical disciplines, the jury referred to in articles 51 and 66 of the same decree are formed by members of the same section.

    Rule 59 Learn more about this article...


    The term of office of members of the group of pharmaceutical disciplines of the National Council of Universities governed by the Decree of 16 January 1992, from the installation of the sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines.

    Rule 60 Learn more about this article...


    The initial constitution of the sections of the group of pharmaceutical disciplines of the National Council of Universities for medical, odontological and pharmaceutical disciplines is carried out under the conditions provided by the Decree of 20 January 1987.

    Rule 61 Learn more about this article...


    In all regulatory texts referring to the National Council of Universities for Medical and Odonological Disciples, the reference to the National Council of Universities for Medical, Odonological and Pharmaceutical Disciples is substituted for it.

    Rule 62 Learn more about this article...


    Article 5 of the above-mentioned Decree of 29 December 1982 is repealed.

    Rule 63 Learn more about this article...


    Sections 39, 40, 42 and 43 of the above-mentioned Decree of 23 May 2006 are repealed.

    Rule 64 Learn more about this article...


    The Prime Minister, the Minister of Higher Education and Research, the Minister of Health, Youth, Sports and Associative Life and the Minister of Budget, Public Accounts and Public Service are responsible, each with regard to the application of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, 2 April 2008.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Higher Education

and research,

Valérie Pécresse

The Minister of Health,

youth, sports

and associative life,

Roselyne Bachelot-Narquin

Minister of Budget, Public Accounts

and the Public Service,

Eric Woerth


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.95 MB) Download the document in RDF (format: rdf, weight < 1 MB)