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 modification of that decree in accordance with the provisions of this Decree.
Keywords health, public hospital, hospital official, staff nurse, category A, category B, nursery teacher, nurse of block procedure, nurse ANESTHETIST, status individual, PROMOTION, seniority required, table of progress, treatment, compensation, index, STAGGERING INDICIAIRE, advancement, improvement of career JORF n ° 0227 September 30, 2010, text no. 37 order No. 2010-1140 of 29 September 2010 amending Decree No. 88-1077 of November 30, 1988, with particular nurses of the hospital public service NOR statutes : ELI SASH1016424D: 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, given the public health code;
Saw the Act No. 83 - 634 of 13 July 1983 amended with rights and obligations of officials, all the amended Act No. 86-33 of January 9, 1986 with statutory provisions on the public hospital service;
See Law No. 2010-751 from July 5, 2010 on the renovation of social dialogue and containing various provisions on public service;
See Decree No. 88 - 1077 November 30, 1988, amended with particular statutes of the nursing staff of the hospital public service;
See Decree No. 2007 - 1191 of August 3, 2007 relating to the advancement of rank in some body of the public hospital service;
Considering Decree No. 2010 - 1139 of September 29, 2010 with special status of the body of nurses in General and specialized in the hospital public service care.
See the opinion of the High Council of the public hospital service on June 14, 2010.
Considering the opinion of the Advisory Commission of evaluation of standards as of July 29, 2010;
The Council of State (Administrative Division) heard, decreed: title IER: provisions permanent Article 1 more on this article...

Article 1 of the Decree of November 30, 1988, referred to above, after the words: 'the law of 9 January 1986 referred to above', shall be inserted the words: "who remain under this Decree, in application of article 37 of Act No. 2010-751 from 5 July 2010 to the renewal of the social dialogue and containing various provisions on the public service." They are. "


Article 2 more on this article...

Article 3 of the order reads: 'art. 3. - the body of nurses include nurse of normal class rank, with nine levels, and the nurse of upper class rank, with seven levels. ' Article 3 learn more on this article...

The article 4 of the same decretest I reads: "i. ― in the normal class, average giving access to the upper echelon is a year in the 1st step, two years in the 2nd step, three years in the 3rd and 4th levels, four years in each of the 5th, 6th, 7th and 8th ranks."


Article 4 more on this article...

The last two paragraphs of article 5 shall be replaced by a well written paragraph: ' the maximum number of promotions that can be pronounced in accordance with the (1) of article 69 of the above-mentioned law of January 9, 1986 is calculated, each year, in each institution, under the conditions laid down in article 1 of Decree No. 2007 - 1191 of August 3, 2007 relating to the advancement of rank in some body of the hospital public service. "


Article 5 more on this article...

Article 6 of the order reads: 'art. 6 - in the upper class, the average giving access to the upper echelon is two years in the 1st step, three years in 2nd, 3rd and 4th levels and four years in the 5th and 6th levels. ' Article 6 learn more on this article...

Article 38 of the order: (1) after the words: "in the body", are added the words: 'of nurses in operating room, the nursery nurses and Nurse Anesthetists';
(2) it is added the following provisions thus drafted: "officers promoted to the upper class in the body of the nurses are classified in this grade according to the table below: SITUATION in the rank of Medic class normal SITUATION in the rank of Medic class superior age kept within the limit of the duration of the level 9th level 5th level acquired seniority 8th level 4th level acquired seniority 7th level 3rd step 3 / 4 6th gained seniority. level 2nd level 3 / 4 of the seniority acquired 5th level from year 1 level 2 / 3 of the seniority acquired more than a year title II: provisions transitional and final Article 7 read more on this article...

According to article 50 of the same Decree, are inserted articles 50-1, 2-50, 3-50 and 50-4 thus written: 'art. 50 - 1.-I. ― the members of the body of nurses who have opted for maintaining them in this body under the conditions defined in the I and II of article 30 of Decree No. 2010 - 1139 September 29, 2010, on the special status of the body of General and specialized in the hospital public service care nurses are reclassified with effect from December 1, 2010 according to the following correspondence tables : SITUATION former nurse of normal class new SITUATION nurse of normal class age kept within the limit of the duration of the level 8th level 8th level acquired seniority 7th level 7th level acquired seniority 6th level 6th level acquired seniority 5th level 5th level acquired seniority 4th level 4th level acquired seniority 3rd step 3rd step acquired seniority 2nd step 2nd step acquired seniority 1st step 1st step seniority acquired former SITUATION nurse of upper class new SITUATION nurse of class superior age kept within the limit of the duration of the level 6th level 6th level acquired seniority 5th level 5th level acquired seniority 4th level 4th level acquired seniority 3rd step 3rd step acquired seniority 2nd step 2nd step 3 / 2 seniority acquired 1st step 1st echelon acquired seniority "II. ― The agents who have not expressed their choice in the period to exercise their right of option I of article 30 of the Decree of September 29, 2010 above are automatically reclassified in their body under the terms of the I.
'Art. 50 - 2.-A starting December 1, 2010, the body of nurses is being an endangered species subject to the provisions of article 32 of the Decree of September 29, 2010 above.
'Art. 50-3.-July 1, 2012, workers under the body of operating room nurses, caregivers and Nurse Anesthetists who have opted under the conditions defined in article 31 of the Decree of September 29, 2010 above for keeping them in one of the bodies governed by the present Decree retain their ranking in the said body. It is the same agents who have not expressed their choice of expressly.
'Art. 50 - 4.-A effective July 1, 2012, the body of operating room nurses, caregivers and Nurse Anesthetists are put into an endangered species subject to the provisions of article 32 of the Decree of September 29, 2010 above. ' Article 8 more on this article...

I. ― can be registered on advancement of rank boards, which will be established in respect of the year 2011, the agents under the Decree of November 30, 1988 referred to above on the date of publication of this Decree and which meet the title of 2011 the conditions required for a promotion to the rank of Medic of upper class.
Notwithstanding the provisions of article 5 of the Decree of November 30, 1988, referred to above, from the drafting of the present Decree, arrays of advancement to the class above the title of 2011 are set according to the proportion of 40% of the total strength of the body of nurses.
However, when this last percentage is not applicable, an appointment at least may be pronounced.
II. - The provisions of article 38 of the Decree of 30 November 1988 referred to above in writing prior to the entry into force of this Decree shall apply to the advancements made in respect of the year 2010 between 1 and 31 December 2010.


Article 9 more on this article...

I. ― article 2 of the Decree of November 30, 1988 referred to above is repealed.
II. - Articles 7, 12, 17, 23, 24, 25, 26, 33 and 34 of the order are repealed on July 1, 2012.


Article 10 more on this article...

This order comes into force on December 1, 2010.


Article 11 more on this article...

The Minister of labour, solidarity and public service, the Minister of health and sports, the Minister for the budget, reform of the State and public accounts and the Secretary of State for public service are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.

Done at Paris, on September 29, 2010.
François Fillon Prime Minister: the Minister of health and sports, Roselyne Bachelot-defines the Minister of labour, of solidarity

and public service, Eric Woerth the Minister of budget, public accounts and the reform of the State, François Baroin Secretary of State responsible for the civil service, Georges Tron

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