Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Sports,
Having regard to Directive 2005 / 36 / EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Given the Public Health Code, including its article L. 4364-1 ;
Vu Act No. 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
Considering the opinion of the High Council of Paramedical Professions of 23 January 2009,
Decrete:
At the end of the second paragraph of section D. 4364-6 of the Public Health Code, the words "and, possibly, design and manufacture" are deleted.
Section 2 of Chapter IV of Title VI of Book III of Part IV of the Public Health Code is amended as follows:
1° Sections D. 4364-7 to D. 4364-10 constitute sub-section 1:
"Subsection 1: Requirements for the Exercise of the Crafts of Apparatus";
2° After article D. 4364-10, an article D. 4364-10-1 is inserted as follows:
"Art.D. 4364-10-1.-By derogation from the provisions of articles D. 4364-7 to D. 4364-11, may practise the professions of orthoprothesist, podo-orthesist, ocularist, epithesist orthopaedist-orthesist, provided that their professional competence is recognized by the prefect after the advice of a national commission, notably composed of professionals, specific to each
« 1° In-service professionals who have, prior to the issuance of orders under section D. 4364-7, diplomas, titles, certificates or certificates defined by decree of the Minister for Health;
« 2° Among the professionals in exercise who do not meet the requirements of articles D. 4364-7 to D. 4364-11 or 1 of this article:
"– those who began their exercise as an orthoprothesist, podo-orthesist, ocularist, epithesist or orthopaedist-orthesist since the end of the procedure for accreditation of care;
“– the applicators who have been operating for at least five years on the date of publication of the Decree No. 2007-245 of 23 February 2007 relating to the professions of prothesist and orthesist for the apparatus of persons with disabilities and amending the public health code, in one or more health institutions or in one or more orthoprothesists, podo-orthesists, ocularists, epithesists or orthopaedist-orthesists.
"The composition and operation of the commissions referred to in this section shall be determined by order of the Minister for Health. »
After section D. 4364-10-1 of the Public Health Code, a sub-section 2 is inserted as follows:
"Subsection 2
"Residents of a Member State of the European Community
or a State Party to the Agreement on the European Economic Area
“Paragraph 1
“Free establishment
"Art.D. 4364-8.-The prefect may, after notice of the commission specific to the profession of the applicant referred to in Article D. 4364-10-1, authorize to practise the professions of orthoprothesist, podo-orthesist, ocularist, epithesist, orthopaedist-orthesist, nationals of a member state of the European Community
« 1° a training certificate issued by the competent authority of a State, a member or a party, which regulates access to that profession or exercise, and permitting the legal exercise of such functions in that State;
« 2° Or a training title issued by the competent authority of a State, member or party, which does not regulate access to that profession or exercise. The persons concerned shall provide a certificate from the competent authority of that State certifying their preparation for that profession and justify its full-time exercise for two years in the last ten years in that State or their part-time exercise for a corresponding period of time;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing the profession to be legally practised and in which the individual acquired a relevant professional experience, which he attests by any means.
"Art.D. 4364-11-1.-The prefect shall issue the exercise authorization in the light of an application accompanied by a file submitted and instructed in the manner defined by the order referred to in section D. 4364-11-7.
"He acknowledges receipt of the complete file within one month of his registration.
"He forwards the complete file to the Minister of Health, who, for his opinion, takes the specific commission to the profession of the applicant referred to in section D. 4364-10-1.
"Art.D. 4364-11-2.-The commission examines all the training and professional experience of the individual.
"When the training is less than one year than that of the French State diploma or when it deals with materially different or when one or more components of the professional activity whose exercise is subordinate to the aforementioned degree do not exist in the corresponding profession in the Member State of origin or have not been the subject of an education in that State, if the commission considers that the training and the fitness of nature
"The prefect informs the person concerned of the content and duration of the compensation measures envisaged and asks him to submit, at his or her choice, to either of these measures.
"Art.D. 4364-11-3.-The purpose of the suitability test is to verify by means of written or oral tests that the person concerned demonstrates an appropriate knowledge of the materials contained in the course of the training program enabling the exercise of the profession in France, which were not initially taught to him or that he did not acquire during his professional experience.
"The purpose of the adaptation course, whose duration cannot exceed three years, is to enable the persons concerned to acquire the knowledge defined in the preceding paragraph. It includes a practical internship conducted under the responsibility of a qualified professional, possibly accompanied by a complementary theoretical training.
"The prefect delivers the exercise authorization after completion of the adaptation course or in view of the outcome of the aptitude test.
"Art.D. 4364-11-4.-The orthoprothesist, the podo-orthesist, the ocularist, the epithesist, the orthopaedist-orthesist can use their training titles in the language of the State which delivered it. It is required to include the place and place where it was obtained. In the event that this training title is likely to be confused with a title requiring in France a further training that the professional has not followed, the prefect may decide that it will state the training title of the original Member State in an appropriate form that it indicates to it.
"The orthoprothesist, the podo-orthesist, the ocularist, the epithesist, the orthopaedist-orthesist carry out their activities under the French professional title.
"Art.D. 4364-11-5.-When an exercise authorization is issued, orthoprothesist, podo-orthesist, ocularist, epithesist, orthopaedist-orthesist must possess the language knowledge necessary for the exercise of his profession and those relating to the weight system and measures used in France. In case of doubt, the department prefect verifies the sufficiency of his mastery of the French language.
"Art.D. 4364-11-6.-The issuance of the exercise authorization allows the beneficiary to practise the profession under the same conditions as persons holding one of the diplomas referred to in D. 4364-7 and 1° of sections D. 4364-8, D. 4364-9, D. 4364-10.
"Art.D. 4364-11-7.-Sont fixed by order of the Minister for Health:
« 1° The composition of the file produced in support of the application for authorization;
« 2° Methods of organisation and composition of the jury of the suitability test;
« 3° Methods for organizing and evaluating the adaptation internship and complementary theoretical trainings that are eventually associated with it;
« 4° The modalities of language knowledge control.
“Paragraph 2
“Free service delivery
"Art.D. 4364-11-8.-The orthoprothesist, the podo-orthesist, the ocularist, the epithesist, the orthopaedist-orthesist, a national of a member state of the European Community or of another State party to the agreement on the European Economic Area, which is established and legally exercises the activities of orthoprothesist
"The temporary and occasional nature of the service delivery is appreciated on a case-by-case basis, including its duration, frequency, periodicity and continuity.
"When the exercise or training leading to the profession is not regulated in the State in which it is established, the service provider must justify having exercised it for at least two years in the preceding ten years.
"Art.D. 4364-11-9.-Free service delivery is subject to a pre-written statement made in the French language, in the first performance or in the event of material change in the provider's situation.
"This statement includes information relating to civil status, nationality, professional qualifications, professional insurance and place of performance of the first service delivery. It certifies the legal establishment and the absence of a temporary or final prohibition to exercise it.
"In a month from the date of receipt of the statement and supporting documentation, the Prefect informs the provider of the result of the examination of his professional qualifications. It may, within that time, collect the opinion of the commission specific to the profession of the applicant referred to in section D. 4364-10-1.
"In that same period, the prefect may request additional information from the provider or competent authority of the State of Settlement. The provider is informed of the time limit within which the decision cannot exceed one month.
"If this audit shows a substantial difference between the professional qualifications of the provider and the training required in France, the Prefect asks the applicant to demonstrate that he has acquired the missing knowledge and skills, including by submitting it to a suitability test.
"If it meets this measure, service delivery can begin. Otherwise, the prefect informs the prefect that he cannot perform services.
"The prefect records the provider on a specific list, sends a receipt with its registration number within one month and informs him of the need to address the relevant health insurance organization with respect to its service delivery. »
"The declaration is renewable every year. In the event of a change in its situation, the supplier shall declare these amendments and shall, if any, provide the documents referred to in the order provided for in section D. 4364-11-13. »
"Art.D. 4364-11-10.-The service provider may make use of its training title in the language of the State which has issued it. It is required to include the place and place where it was obtained.
"In the event that this training title can be confused with a title requiring in France a complementary training that the professional has not followed, the prefect may prescribe that the latter will state the title of formation of the Member State of origin in an appropriate form that he indicates to him.
"The provision of services is carried out under the professional title of the State of establishment written in one of the official languages of that State.
"In the event that this professional title does not exist in the Member State of establishment, the provider mentions its training title in the official language or in one of the official languages of that Member State.
"However, in the event that qualifications have been verified, service delivery is performed under the French professional title.
"Art.D. 4364-11-11.-The provider must have the language knowledge necessary for the exercise of his profession and those relating to the weight system and measures used in France.
"In case of doubt, the prefect checks the sufficiency of his mastery of the French language.
"Art.D. 4364-11-12. -The service provider is subject to the rules relating to the conditions of practice of the profession, the use of the professional title and the professional, ethical and disciplinary rules applicable to the profession.
"Art.D. 4364-11-13.-They are set by order of the Minister for Health:
« 1° The model of the declaration, the information it contains and the list of supporting documents;
« 2° Procedures for the control of language knowledge. »
The Minister of Health and Sports is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 25, 2009.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
