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Decree No. 2010 - 1140 Of 29 September 2010 Amending Decree No. 88 - 1077 Of November 30, 1988, With Particular Statutes Of The Nursing Staff Of The Hospital Public Service

Original Language Title: Décret n° 2010-1140 du 29 septembre 2010 modifiant le décret n° 88-1077 du 30 novembre 1988 portant statuts particuliers des personnels infirmiers de la fonction publique hospitalière

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Summary

amendment of the decree in accordance with the provisions of this decree.

Keywords

ADVERTISING, PUBLIC FUNCTION, HOSPITAL FUNCTION, PERSONNEL INFIRMIER , CATEGORY A , CATEGORY B , PUERICULTY , FIRMIER OPERATORY , FIRMIER ANESTHESIST ,


JORF no.0227 of 30 September 2010
text No. 37



Decree No. 2010-1140 of 29 September 2010 amending Decree No. 88-1077 of 30 November 1988 establishing the special statutes of nurses of the public hospital service

NOR: SASH1016424D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/9/29/SASH1016424D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/9/29/2010-1140/jo/texte


The Prime Minister,
On the report of the Minister of Health and Sports,
Vu le Public Health Code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu la Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the public service;
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. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service;
Vu le Decree No. 2010-1139 of 29 September 2010 bearing special status of the nursing corps in general and specialized care of the public hospital 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:

  • TITRE IER: PERMANENT PROVISIONS Article 1 Learn more about this article...


    In article 1 of the decree of 30 November 1988 referred to above, after the words: "the law of 9 January 1986 referred to above" are inserted the words: "that continue to rise from this decree, in accordance with theArticle 37 of Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the civil service. They are."

    Article 2 Learn more about this article...


    Article 3 of the same decree is thus written:
    "Art. 3.-The nurses' body includes the grade of a normal grade nurse, nine ladders, and the grade of a senior grade nurse, seven ladders. »

    Article 3 Learn more about this article...


    Article 4 I of the same decree is thus written:
    "I. ― In the normal class, the average seniority giving access to the upper level is one year in the 1st ladder, two years in the 2nd ladder, three years in the 3rd and 4th ladders, four years in each of the 5th, 6th, 7th and 8th ladders. »

    Article 4 Learn more about this article...


    The last two paragraphs of Article 5 shall be replaced by a paragraph as follows:
    "The maximum number of promotions that may be pronounced under the conditions set out in 1° of section 69 of the above-mentioned Act of 9 January 1986 shall be calculated annually in each establishment under the conditions set out inArticle 1 of Decree No. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service. »

    Article 5 Learn more about this article...


    Article 6 of the same decree is thus written:
    "Art. 6.-In the upper class, the average seniority giving access to the upper level is two years in the 1st ladder, three years in the 2nd, 3rd and 4th ladders and four years in the 5th and 6th ladders. »

    Article 6 Learn more about this article...


    Article 38 of the same decree:
    1° After the words: "in the bodies" are added the words: "Operating block nurses, nurses and anesthetic nurses,"
    2° The following provisions are added:
    "The officers promoted to the upper class in the nursing corps are classified in this grade according to the following correspondence table:


    SITUATION IN GRADE
    Standard Class Nurse
    SITUATION IN GRADE
    upper class nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    9th step

    5th step

    Formerly acquired

    8th step

    4th step

    Formerly acquired

    7th step

    3rd step

    3 / 4 of old age acquired

    6th step

    2nd step

    3 / 4 of old age acquired

    5th step from a year

    1 step

    2 / 3 of the oldness acquired beyond a year

  • PART II: TRANSITIONAL AND FINAL PROVISIONS Article 7 Learn more about this article...


    After section 50 of the same decree, articles 50-1, 50-2, 50-3 and 50-4 are inserted as follows:
    "Art. 50-1.-I. ― The members of the nurses who opted to maintain them in this body under the conditions defined by the I and II of Article 30 of Decree No. 2010-1139 of 29 September 2010 bearing the special status of the General and Specialized Nurses in the Hospital Public Service are reclassified with effect from 1 December 2010 according to the following correspondence tables:


    ANCIENNE SITUATION
    Normal grade nurse
    NEW SITUATION
    Normal grade nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    8th step

    8th step

    Formerly acquired

    7th step

    7th step

    Formerly acquired

    6th step

    6th step

    Formerly acquired

    5th step

    5th step

    Formerly acquired

    4th step

    4th step

    Formerly acquired

    3rd step

    3rd step

    Formerly acquired

    2nd step

    2nd step

    Formerly acquired

    1 step

    1 step

    Formerly acquired



    ANCIENNE SITUATION
    Senior nurse
    NEW SITUATION
    Senior nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    6th step

    6th step

    Formerly acquired

    5th step

    5th step

    Formerly acquired

    4th step

    4th step

    Formerly acquired

    3rd step

    3rd step

    Formerly acquired

    2nd step

    2nd step

    3 / 2 of old age acquired

    1 step

    1 step

    Formerly acquired


    “II. ― Agents who have not expressed their choice in the period set out in I of Article 30 of the above-mentioned Decree of 29 September 2010 to exercise their right of option are automatically reclassified to their bodies in accordance with the terms set out in I.
    "Art. 50-2.-As of December 1, 2010, the nursing corps is being extinguished subject to the provisions of Article 32 of the decree of September 29, 2010.
    "Art. 50-3.-On July 1, 2012, staff members of the bodies of the operating block nurses, nurses and anesthetic nurses who have opted under the conditions set out in Article 31 of the decree of September 29, 2010 referred to above for their maintenance in one of the bodies governed by this decree retain their ranking in that body. The same is true of agents who have not expressed their choice in an express way.
    "Art. 50-4.-As of July 1, 2012, the bodies of the operating block nurses, nurses and anaesthetic nurses are set to extinction subject to the provisions of Article 32 of the decree of September 29, 2010. »

    Article 8 Learn more about this article...


    I. ― Can be registered on the grade progress tables, which will be prepared for the year 2011, officers under the decree of 30 November 1988 referred to above the date of publication of this Order and which will bring together, under 2011, the conditions required for a promotion to the rank of senior nurse.
    Derogation from provisions of Article 5 of the Decree of 30 November 1988 referred to above, derived from the drafting of this decree, the progress tables at the upper class for 2011 are prepared in accordance with the proportion of the total strength of the nurses.
    However, where the latter percentage is not applicable, at least one appointment may be made.
    II. - The ones. provisions of Article 38 of the Decree of 30 November 1988 referred to above in their writing prior to the coming into force of this Order shall apply to the progress made under the year 2010 between 1 and 31 December 2010.

    Article 9 Learn more about this article...


    I. ― Article 2 of the above-mentioned Decree of 30 November 1988 is repealed.
    II.- Articles 7, 12, 17, 23, 24, 25, 26, 33 and 34 of the same decree are repealed as of 1 July 2012.

    Article 10 Learn more about this article...


    This Order comes into force on 1 December 2010.

    Article 11 Learn more about this article...


    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


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