Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Sports,
Vu le Defence codeincluding articles L. 4139-1, L. 4139-2 and L. 4139-3;
Vu le Public Health Code ;
Vu le National Service Codeincluding article L. 63;
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 la Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the civil service, including article 37;
Vu le Decree No. 88-1077 of 30 November 1988 amended with the specific statutes of nursing staff in the hospital public service;
Vu le Decree No. 2007-961 of 15 May 2007 establishing the common statutory provisions applicable to certain category A staff members of the hospital public service;
Vu le Decree No. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service;
Vu le Decree No. 2008-824 of 21 August 2008 relating to professional training throughout the life of public hospital officers;
Vu le Decree No. 2010-311 of 22 March 2010 relating to the modalities of recruitment and reception of nationals of the Member States of the European Union or of another State Party to the agreement on the European Economic Area in a body, employment framework or employment of the French public service;
Considering Decree No. 2010-1140 of 29 September 2010 amending Decree No. 88-1077 of 30 November 1988 bearing the special statutes of nurses in the hospital public service;
Having regard to the advice of the Higher Council of the Hospital Public Service of 14 June 2010;
Considering the opinion of the Standards Advisory Board dated 29 July 2010;
The State Council (Section of Administration) heard,
Decrete:
The General Care and Specialty Nurses are classified in category A referred to in section 4 of the above-mentioned Act of 9 January 1986.
Nurses in general and specialized care perform their duties in the facilities referred to in section 2 of the Act.
The General and Specialized Nurses Corps includes general care nurses, operating block nurses, nurses and anesthetic nurses. Access to this body is subject to the detention of a training title or exercise authorization issued by the competent authority.
The General and Specialized Nursing Corps comprises four grades.
The first, second and third grades each have eleven levels.
The fourth grade has seven ladders.
Nurses in general care have a career in the first and second grades.
The operating block nurses and nurses make careers in the second and third grades.
Anesthetic nurses make careers in the third and fourth grades.
General care nurses perform professional acts and provide nursing care as defined in R. 4311-1 to R. 4311-10 and to R. 4311-10Article R. 4311-14 of the Public Health Code. They perform their duties in the areas provided for in Article R. 4311-15 of this Code.
The operating block nurses and nurses perform the functions defined by the articles R. 4311-11 and R. 4311-13 of the Public Health Code.
Anesthetic nurses perform the functions defined to theArticle R. 4311-12 of the Public Health Code.
A joint decision of the Minister for Health and the Minister for Public Service sets out the rules for the composition of the jury and the procedure for organizing the competitions provided for in sections 6, 7, 8, 20 and 23.
The opening notices of these contests are published by display in the premises of the establishment organizing the contest(s) and in those of the prefectures and subprefectures of the region in which the establishment is located, as well as by inserting the administrative acts of the prefectures of the departments of the region.
I. ― Nurses in general and specialized care received at one of the competitions referred to in sections 6, 7 and 8 are appointed interns by the appointing authority and perform a one-year internship.
II. ― At the end of the internship, the interns whose services have given satisfaction are held by the appointing authority.
Agents who have not been held at the end of the course may be allowed to complete a complementary internship for up to one year.
Trainees who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are either terminated if they did not previously have the quality of an employee, or reintegrated into their original body or employment framework.
Recruitment in the first rank comes as a result of an open title contest in each institution to the incumbent candidates either of a training title mentioned to the articles L. 4311-3 and L. 4311-5 of the Public Health Codean authorization to practise the profession of a nurse issued under section L. 4311-4 of the same code.
Recruitment in the second grade comes as a result of an open title competition in each establishment, in the following two specialties:
1° Operating block;
2° Puériculture.
To be allowed to compete for access to the second grade, the candidate must, according to the specialty, be a holder:
1° From the state diploma of operating block nurse mentioned to thearticle R. 4311-11 of the Public Health Code or an authorization to practise this profession issued under Article L. 4311-4 of the same code;
2° From the State Diploma of Periculator mentioned to theArticle R. 4311-13 of the Public Health Code or an authorization to practise this profession issued under section L. 4311-4 of the same code.
Recruitment in the third grade comes as a result of an open title competition in each institution, in the specialty of anesthetic nurse.
To be admitted to compete for third grade, the candidate must be a holder of the state diploma of anaesthetic nurse referred to in theArticle R. 4311-12 of the Public Health Code or an authorization to practise this profession issued under section L. 4311-4 of the same code.
Subject to the application of more favourable provisions provided for in articles 10 to 18, nurses recruited in the General and Specialized Care Corps governed by this Order in Council pursuant to the provisions of Articles 6, 7 or 8 shall be graded, at the 1st level, respectively of the first, second or third grade.
General and specialized nursing nurses who had, prior to their appointment, the quality of an employee of a class A, B and C, or at the same level, are classified in their grade at the level with an equal index or, if not, immediately higher than that held in their original grade.
Within the limit of the average seniority required in section 19 for a promotion at the higher level, they retain the seniority acquired in their original grade when the salary increase following their appointment is less than that which would have resulted from a level of advancement in their former situation.
Officials appointed as they have reached the last step of their original grade shall retain their seniority within the same limits when the salary increase following their appointment is less than that resulting from their promotion at the latter level.
♪ provisions of Article 12 of the Decree of 15 May 2007 referred to above apply where they are classified at a level with less than that previously received.
Nurses in general and specialized care who have attained the second or third grade of this body after successful completion of any of the examinations referred to in Articles 7 and 8 shall be graded in that grade in accordance with the terms set out in Article 22, Part II or Article 25, II or III.
The provisions ofarticle 7 and II of thearticle 12 the above-mentioned Order of 15 May 2007 applies to general and specialized nursing nurses who, on the date of their appointment in the body, justify services performed as non-permanent public officer other than interns, or services performed as an agent of an intergovernmental international organization.
♪ provisions of Article 8 of the Decree of 15 May 2007 referred to above are applicable to nurses in general and specialized care who, on the date of their appointment in the body, justify services performed as military personnel, other than those performed as a call, not giving rise to the application of the provisions of sections L. 4139-1 to L. 4139-3 of the Defence Code.
I. ― General and specialized nursing nurses who, on the date of their appointment in the body, justify services or professional activities performed prior to the dates mentioned in the tables below in functions corresponding to those in which they are appointed, provided they also justify the detention of training titles, diplomas or authorizations required for the performance of these duties, are classified, according to the grade in which they are recruited, according to the schedules
| Beyond 21 years | 7th step |
| Between 17 and 21 years | 6th step |
| Between 13 and 17 years | 5th step |
| Between 9 and 13 years | 4th step |
| Between 6 and 9 years | 3rd step |
| Between 3 and 6 years | 2nd step |
| Before 3 years | 1 step |
| Beyond 21 years | 8th step |
| Between 17 and 21 years | 7th step |
| Between 13 and 17 years | 6th step |
| Between 11 and 13 years | 5th step |
| Between 9 and 11 years | 4th step |
| Between 6 and 9 years | 3rd step |
| Between 3 and 6 years | 2nd step |
| Before 3 years | 1 step |
| Beyond 21 years | 8th step |
| Between 17 and 21 years | 7th step |
| Between 13 and 17 years | 6th step |
| Between 9 and 13 years | 5th step |
| Between 6 and 9 years | 4th step |
| Between 3 and 6 years | 3rd step |
| Between 1 and 2 years | 2nd step |
| 1 year | 1 step |
Nurses in general and specialized care who justify, prior to their appointment, professional services or activities performed as hospitable nuns in nursing duties corresponding to those in which they are appointed shall, at the time of their appointment, be classified under the conditions set out in I, II and III of Article 14.
These professional services or activities must have been carried out in the establishments mentioned in section 2 of the above-mentioned Act of 9 January 1986 or private health institutions of collective interest.
In the event that the nurse in general and specialized care is likely to benefit from the appointment of several of the provisions of articles 10 to 15 for classification in the body, the nurse shall apply the provisions corresponding to his last situation.
However, within a maximum period of six months from the notification of the decision making its classification under the conditions set out in the preceding paragraph, the general and specialized care nurse may request that other, more favourable, provisions be applied to the nurse under one of these articles.
Nationals of the Member States of the European Union or another State Party to the Agreement on the European Economic Area which justify services or professional activities that may be taken into account under the provisions of the decree of 22 March 2010 referred to above and under sections 10 to 15 may apply, under the same conditions as those provided for in section 16, for the application of one of these articles in preference to the provisions of decree of 22 March 2010 referred to above.
The effective duration of the national service as called is taken into account for its entirety.
The average length of time spent in each step of the ranks of the body governed by this decree is fixed as follows:
| Fourth grade | |
| 7th step | |
| 6th step | 4 years |
| 5th step | 4 years |
| 4th step | 4 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Third grade | |
| 11th step | |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Second grade | |
| 11th step | |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| First grade | |
| 11th step | |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 1 year |
Can be promoted to the second grade:
1° Under the conditions set out in 1° of section 69 of the above-mentioned Act of 9 January 1986, the first grade officers with at least one year of seniority in the 5th step of their grade and having completed ten years of actual service in this body;
2° Under the conditions set out in the 3rd of Article 69 of the same Law, by professional competition on open titles, in each establishment, in the speciality of the operatic or puériculture block, the agents of the first rank having at least three years of effective services in the present body and holders either of the state diploma of the operatic block nurse, or of the state diploma of the puerculator, or of an authorization to practise the profession orArticle L. 4311-4 of the Public Health Code.
The conditions of seniority set out in 1° and 2° of this article are estimated at 31 December of the year under which these promotions are implemented.
The maximum number of promotions that may be pronounced, in each establishment, under the 1st of section 20 is calculated, each year, in each establishment, under conditions fixed to thearticle 1 of the decree of 3 August 2007 referred to above.
The number of promotions that may be pronounced in each establishment pursuant to 2° of Article 20 cannot exceed 60% of the total number of recruitments carried out in that grade under Article 7. When the number is not an integer, the decimal is added to the number calculated for the following year.
Where, pursuant to the provisions of the preceding paragraphs, no promotion may be made in the second grade for two consecutive years, a promotion may be pronounced in that grade in the third year.
I. ― The officers promoted to the second grade under the provisions provided for in the 1st of Article 20 of this Decree shall be classified in their new grade in accordance with the following correspondence table:
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step from a year | 5th step | Formerly acquired beyond a year |
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step from a year | 5th step | Formerly acquired beyond a year |
| 5th step before one year | 4th step | Formerly acquired, increased a year |
| 4th step from two years | 4th step | Formerly acquired beyond two years |
| 4th step before two years | 3rd step | Formerly acquired |
| 3rd step from a year | 2nd step | Older acquired beyond a year |
| 3rd step before one year | 1 step | Formerly acquired |
Can be promoted to the third grade:
1° Under the conditions set out in the 1st of Article 69 of the above-mentioned Act of 9 January 1986, the officers of the second-level incumbent either of the State degree of the nurse of the operating block, or of the State diploma of the nurse, or of an authorization to practise one or the other of these professions issued under theArticle L. 4311-4 of the Public Health Codehaving reached at least the 5th stage of their grade and having completed ten years of actual service in this body;
2° Under the conditions set out in the 3rd of Article 69 of the Act, by professional competition on open titles, in each institution, in the specialty of anaesthesist nurse, the agents of the first rank or second grade who hold the state diploma of anaesthetic nurse or an authorization to practise this profession issued under the application of theArticle L. 4311-4 of the Public Health Code with at least three years of effective service in their grade.
The conditions of seniority set out in 1° and 2° of this article are estimated at 31 December of the year under which these promotions are implemented.
The number of promotions that may be pronounced pursuant to 2° of Article 23 cannot exceed 60% of the total number of recruitments carried out in this grade pursuant to Article 8. When the number is not an integer, the decimal is added to the number calculated for the following year.
Where, pursuant to the provisions of the preceding paragraph, no promotion may be made in the third grade for two consecutive years, a promotion may be pronounced in that grade in the third year.
I. ― The officers promoted to the third grade under the provisions provided for in the 1st of Article 23 of this Decree shall be classified in their new grade in accordance with the following correspondence table:
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | 2/3 of acquired seniority |
| 5th step | 5th step | Formerly acquired |
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | 2/3 of acquired seniority |
| 5th step from a year | 5th step | Older acquired beyond a year |
| 5th step before one year | 4th step | Formerly acquired, increased a year |
| 4th step from 2 years | 4th step | Formerly acquired beyond two years |
| 4th step before two years | 3rd step | Formerly acquired |
| 3rd step from a year | 2nd step | Older acquired beyond a year |
| 3rd step | 1 step | Formerly acquired |
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | 2/3 of acquired seniority |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
Can be promoted to the fourth grade under the conditions laid down in the 1st of Article 69 of the Law of 9 January 1986 referred to the officers of the third grade who hold the state diploma of anesthetic nurse or an authorization to practise this profession issued under theArticle L. 4311-4 of the Public Health Codehaving reached at least the 5th stage of their grade and having completed ten years of actual service in this body.
The seniority conditions set out in the previous paragraph are estimated at December 31 of the year for which these promotions are implemented.
Agents promoted to the fourth grade are classified in their new grade in accordance with the following correspondence table:
| 11th step | 7th step | Formerly acquired |
| 10th step | 6th step | Formerly acquired |
| 9th step | 5th step | Formerly acquired |
| 8th step | 4th step | Formerly acquired |
| 7th step | 3rd step | Formerly acquired |
| 6th step | 2nd step | Formerly acquired |
| 5th step | 1 step | 1/2 of acquired seniority |
I. ― Officials belonging to a class body or employment framework A or equivalent level may be placed in a detachment position or directly integrated into the body of general and specialized nursing nurses if they justify one of the qualifications or titles required for access to this body.
II. - Direct detachment or integration shall be pronounced at grade equivalence and at the level with an equal index or, if not, immediately higher than that held by the grievor in his original grade, provided that he meets the conditions of diplomas or titles provided for the exercise of the profession corresponding to the degree of detachment or integration.
III. - Within the limit of the average seniority required in section 19 for a promotion at the higher level, the officers retain the seniority acquired in their original grade when the increase in treatment following their appointment is less than that which would have resulted from a level of advancement in their former situation or which resulted from their high-level appointment, if that level of origin were the most
Officials placed in a detachment position in the nursing corps in general and specialized care are involved in grade and level advancements with all members of this body.
They may be integrated, upon request, into the general and specialized nursing corps. Beyond a five-year period of detachment, integration is in law.
Integration is pronounced by taking into account the situation in the detachment body or, if it is more favorable, in the body or framework of original employment under the conditions provided for in II and III of Article 27.
Services performed in the body or framework of original employments are considered to be services performed in the integration body.
I. ― The right of option provided by the provisions of section 37 of the Act of 5 July 2010 referred to above is open to members of the nursing corps governed by the decree of 30 November 1988 referred to above.
This right of option is open for a period of six months from the date of publication of this Order. It is expressly exercised by each agent. The choice thus expressed by the agent is final.
II. - The authority vested in the appointing authority shall notify each officer of a proposal for the integration of nurses in general and specialized care, specifying the classification that would result from such integration.
III. - With an effective date of December 1, 2010, the personnel referred to in I who have accepted the proposed integration in II are reclassified in accordance with the following correspondence tables:
| 8th step | 7th step | Formerly acquired |
| 7th step | 6th step | 3/4 of acquired seniority |
| 6th step | 5th step | 3/4 of acquired seniority |
| 5th step | 4th step | 3/4 of acquired seniority |
| 4th step | 3rd step | Formerly acquired |
| 3rd step | 2nd step | 2/3 of acquired seniority |
| 2nd step | 1 step | 1/2 of acquired seniority |
| 1 step | 1 step | Not old |
| 6th step | 9th step | Formerly acquired |
| 5th step | 8th step | Formerly acquired |
| 4th step | 7th step | Formerly acquired |
| 3rd step | 6th step | Formerly acquired |
| 2nd step | 5th step | Formerly acquired |
| 1 step | 4th step | Formerly acquired |
I. ― The right of option provided by the provisions of section 37 of the Act of 5 July 2010 referred to above is open to members of the body of the operating block nurses, the body of the nurses and the body of the anesthetic nurses.
This right of option is open for a period of six months from January 1, 2012. It is expressly exercised by each agent. The choice thus expressed by the agent is final.
II. - The authority vested in the appointing authority shall notify each officer of a proposal for the integration of nurses in general and specialized care, specifying the classification that would result from such integration.
III. - With an effective date as of July 1, 2012, the personnel referred to in I who have accepted the integration proposal in II are reclassified in accordance with the following correspondence tables:
| 8th step | 8th step | Not old |
| 7th step | 7th step | 3/4 of acquired seniority |
| 6th step | 6th step | 3/4 of acquired seniority |
| 5th step from two years | 5th step | Formerly acquired beyond two years |
| two years | 4th step | Formerly acquired |
| 4th step | 3rd step | 2/3 of acquired seniority |
| 3rd step | 2nd step | 2/3 of acquired seniority |
| 2nd step | 1 step | 1/2 of acquired seniority |
| 1 step | 1 step | Not old |
| 7th step | 9th step | Not old |
| 6th step | 9th step | Not old |
| 5th step | 8th step | 4/3 of acquired seniority |
| 4th step | 7th step | Formerly acquired |
| 3rd step | 6th step | Formerly acquired |
| 2nd step | 5th step | Formerly acquired |
| 1 step | 4th step | Formerly acquired |
| 8th step | 8th step | Not old |
| 7th step | 7th step | 3/4 of acquired seniority |
| 6th step | 6th step | 1/2 of acquired seniority |
| 5th step | 5th step | 1/2 of acquired seniority |
| 4th step | 4th step | 2/3 of acquired seniority |
| 3rd step | 3rd step | 2/3 of acquired seniority |
| 2nd step | 2nd step | Formerly acquired |
| 1 step | 1 step | Formerly acquired |
| 7th step | 6th step | Formerly acquired |
| 6th step | 5th step | 8/7 of acquired seniority |
| 5th step | 4th step | 4/3 of acquired seniority |
| 4th step | 3rd step | Formerly acquired |
| 3rd step | 2nd step | Formerly acquired |
| 2nd step | 1 step | 1/2 of acquired seniority |
| 1 step | 1 step | Not old |
Officials who, at the date of publication of this decree, have been admitted to training in the context of professional promotion, in accordance with the Decree of 21 August 2008, in order to obtain the state diploma of a nurse, the state diploma of anaesthetic block, puerculator or anaesthetic nurse may, at their request, be recruited in the body corresponding to the qualification obtained governed by the decree of 30 November 1988 referred to above. They request it within thirty days of the proclamation of the results of the contest.
Progress tables prepared for the year 2011, pursuant to Article 8 of Decree No. 2010-1140 of 29 September 2010 amending the Decree No. 88-1077 of 30 November 1988 bearing special statutes of nurses of the public hospital service for access to the rank of senior nurse of the nursing corps governed by the Decree of 30 November 1988 referred to above, remain valid until December 31, 2011 for access to the second grade of this body, for the agents who have accepted, under the conditions provided for in section 30, their integration into that body.
Reclassified under the same conditions, the agents referred to in the preceding paragraph who are listed in the progress schedules established under the year 2010 and whose promotion occurs between 1 and 31 December 2010.
The provisions of this Decree come into force on 1 December 2010, with the exception of the provisions of Article 30, I and II, which come into force for the publication of this Decree, and those of Article 21, which come into force on 1 January 2012.
The Minister of Labour, Solidarity and Public Service, the Minister of Health and Sports, the Minister of Budget, Public Accounts and State Reform 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.
Done in Paris, September 29, 2010.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of Budget, Public Accounts
and state reform,
François Baroin
Secretary of State
Public Service,
Georges Tron
