Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu le Public Health Code ;
Vu le Defence codeincluding articles L. 4139-1, L. 4139-2 and L. 4139-3;
Vu le National Service Codeincluding articles L. 63, L. 120-33 and L. 122-16;
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 le Decree No. 88-976 of 13 October 1988 amended on certain positions of hospital staff;
Vu le Decree No. 97-487 of 12 May 1997 Amending the common provisions applicable to interns of the public hospital 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. 2010-311 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;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 7 April 2011;
The State Council (Section of Administration) heard,
Decrete:
The bodies of the re-education staff of the establishments referred to in section 2 of the above-mentioned Act of 9 January 1986 are classified in category B:
1° The body of pedicures-podologists;
2° The body of the kinesi therapists;
3° The body of occupational therapists;
4° The body of psychomotricians;
5° The body of orthophonists;
6° The body of orthoptists;
7° The body of the dietitians.
These bodies are governed by the provisions of this decree.
Each of the bodies mentioned in Article 1 includes two grades:
1° The normal class with nine ladders;
2° The highest grade, which has seven ladders.
I. ― Pedicures-podologists carry out the activities of their profession in accordance with provisions of Article L. 4322-1 of the Public Health Code and perform the professional acts referred to in articles R. 4322-1 and D. 4322-1-1 of the same code.
II. ― Kinesitherapists perform the activities of their profession in accordance with provisions of Article L. 4321-1 of the Public Health Code and perform the professional acts referred to in R. 4321-1 to R. 4321-13 of the same code.
III. ― Occupational therapists perform the activities of their profession in accordance with provisions of Article L. 4331-1 of the Public Health Code and perform the professional acts referred to in Article R. 4331-1 of the same code.
IV. ― Psychomotricians perform the activities of their profession in accordance with provisions of Article L. 4332-1 of the Public Health Code and perform the professional acts mentioned in article R. 4332-1 of the same code.
V. ∙ Orthophonists exercise the activities of their profession in accordance with provisions of Article L. 4341-1 of the Public Health Code and perform the professional acts referred to in R. 4341-1 to R. 4341-4 of the same code.
VI. ∙ Orthoptists carry out the activities of their profession in accordance with provisions of Article L. 4342-1 of the Public Health Code and perform the professional acts referred to in articles R. 4342-1 to R. 4342-8 of the same code.
VII. ― Dietitians perform the activities of their profession in accordance with provisions of Article L. 4371-1 of the Public Health Code.
The recruitment of the members of the bodies referred to in Article 1 shall take place in the first rank of these bodies, under the conditions defined in Article 5 of this decree.
I. ― Pedicures-podologists are recruited through an open title contest in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4322-3 of the Public Health Codean authorization to practise the profession of pedicure-podologist issued under section L. 4322-4 of the same code.
II. - Kinesitherapists are recruited by means of an open title contest in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4321-3 of the Public Health Codean authorization to practise the profession of masseur-kinesitherapist issued under section L. 4321-4 of the same code.
III. - Occupational therapists are recruited through an open title contest in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4331-3 of the Public Health Codeeither of the authorizations to practise the profession of occupational therapist issued under articles L. 4331-4 or L. 4331-5 of the same code.
IV. - Psychomotricians are recruited through an open title contest in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4332-3 of the Public Health Codeeither of the authorizations to practise the profession of psychomotrician issued under articles L. 4332-4 or L. 4332-5 of the same code.
V. - Orthophonists are recruited through an open title competition in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4341-3 of the Public Health Codean authorization to practise the profession of orthophonist issued under section L. 4341-4 of the same code.
VI. - Orthoptists are recruited through an open title contest in each institution to the incumbent candidates either of a training title mentioned in theArticle L. 4342-3 of the Public Health Codean authorization to practise the profession of orthoptist issued under section L. 4342-4 of the same code.
VII. - Dietitians are recruited through an open title contest in each institution to the incumbent candidates either of the training title mentioned in theArticle L. 4371-3 of the Public Health Codean authorization to practise the profession of a dietitian issued under section L. 4371-4 of the same code.
I. ― The general rules for the competitions referred to in section 5 are set by joint order of the Minister for Health and the Minister for Public Service.
The conditions for organizing these contests, as well as the composition of the jury, are determined by decision of the authority vested in the appointing authority.
When they are opened on behalf of several establishments in a department, the contests referred to in Article 5 are organized by the authority vested with the appointing authority of the establishment of this department with the largest number of beds.
II. - Competitions are open by the authority vested with the appointing authority. When they are common to several establishments, they are opened by the authority vested with the appointing authority of the establishment with the largest number of beds.
Notices of opening of the contests specify the closing date of the registrations. They are posted, so as to be accessible to the public, in the premises of the establishment organizing these contests, in those of the regional health agency that it reports and in those of the prefecture of the department in which the establishment is located. They are also posted electronically on the website of the relevant regional health agency.
I. ― Employees recruited under section 5 are appointed, as the case may be, interns pedicures-podologists, interns massagers-kinesitherapists, interns occupational therapists, interns psychomotricians, orthophonists interns, orthoptists interns or dietitians interns by the appointing authority and perform a one-year internship.
II. - The organization of the internship is set by order of the minister responsible for health. During this course, the persons concerned are subject to the provisions of the decree of 12 May 1997 referred to above.
III. - At the end of the internship, the interns whose services have given satisfaction are titularized by the appointing authority.
Those who have not been titularized may be allowed to complete a complementary internship of 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.
IV. - The duration of the internship is taken into account for the advancement of the level within one year.
Subject to the application of the provisions set out in Articles 9 to 14 of this Decree, staff recruited under Article 4 shall, at the time of their appointment, be assigned to the first rank of the corresponding body.
This classification is made on the basis of the average duration required for each increment set out in section 18.
I. ― Beneficial during their appointment of a 12-month oldity bonus staff recruited in the following six bodies: massagers-kinesitherapists, occupational therapists, psychomotricians, orthophonists, orthoptists and dietitians.
II. - Staff of all re-education bodies governed by this decree and graded at the 2nd step of the first grade shall receive a six-month seniority bonus within the limit of the remaining average length of service required for promotion at the higher level.
III. - An employee belonging to one of the bodies referred to in Article 1 appointed in another of these bodies may only benefit on this occasion from the bonus of seniority provided for in I and II if the new bonus is greater than the previous one and only to the difference between the duration of the new bonus and that of the previously obtained bonus.
IV. - The rules defined in the III are applicable when, prior to entry into one of the bodies referred to in section 1, the grievor has already benefited from the same kind of seniority enhancement provided by another hospital status.
I. ― Officials who, on the date of their appointment in one of the bodies referred to in section 1, justify services or professional activities performed, as the case may be, in the capacity of an employee, a non-permanent member or public official, or as an employee, in a position commensurate with those in which they are appointed, subject to the fact that they also justify the detention of the qualifications of training, diplomas or authorizations required for the purpose of
II. - The services or professional activities mentioned in I must have been carried out in the following establishments:
1° Health establishment;
2° Social or medico-social establishment.
III. - The request for the resumption of professional services or activities referred to in I shall be submitted, together with all supporting documents, to the authority vested with the power of appointment within six months of the appointment.
Officials who, on the date of their appointment in one of the bodies referred to in Article 1, justify professional services or activities performed as hospital religious in functions corresponding to those of the body in which they are appointed are classified, at the time of their appointment, in the first rank of their bodies taking into account the full duration of such services or professional activities.
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.
I. ― Staff members who hold a grade in the 6 scale of pay for a body or C or the same level of employment are classified in the first grade of the body in which they are recruited in accordance with the following correspondence table:
| 7th step | 7th step | Not old |
| 6th step | 6th step | 1/2 of acquired seniority, increased by 2 years |
| Step 5: | | |
| – after a year six months before a year six months | 6th step 5th step | 4/3 of the old age acquired beyond a year six months 4/3 of the acquired seniority, increased by two years |
| 4th step | 5th step | 2/3 of acquired seniority |
| 3rd step | 4th step | 2/3 of the acquired seniority, increased by one year |
| 2nd step: | | |
| ― after a year - before a year | 4th step 3rd step | Older acquired beyond a year Older acquired aged two years |
| 1 step | 3rd step | Formerly acquired |
| 11th step | | |
| – after 4 years - before 4 years | 7th step 6th step | Not old 1/2 of the acquired seniority, increased by two years |
| 10th step | 6th step | 1/2 of acquired seniority |
| 9th step | 5th step | 1/2 of the acquired seniority, increased by two years |
| 8th step | 5th step | 1/2 of acquired seniority |
| 7th step | 4th step | 1/2 of the acquired seniority, increased by one year |
| 6th step | 4th step | 1/3 of acquired seniority |
| 5th step | 3rd step | 2/3 of the acquired seniority, increased by one year |
| 4th step | 3rd step | 1/3 of acquired seniority |
| 3rd step | 2nd step | 1/2 of the acquired seniority, increased by one year |
| 2nd step: | | |
| ― after a year - before a year | 2nd step 1 step | Older acquired beyond a year 1/2 of the acquired seniority, increased by six months |
| 1 step | 1 step | 1/2 of acquired seniority |
Persons who justify, prior to their appointment in one of the bodies governed by this Order, services performed as a non-permanent public officer, former civil servant or agent of an intergovernmental international organization are classified, at the time of their appointment, in the first rank of the body at a specified level, taking into account the services performed in a level of employment at least equivalent to that of Class B at the rate of three-quarters of their duration, and those
When they cannot be taken into account, in titularization, in application of provisions of articles L. 4139-1, L. 4139-2 and L. 4139-3 of the Defence Code and the regulations made for their application, the services performed as non-commissioned member shall be taken into account in the appointment of three-quarters of their duration, if they were performed as an officer or non-commissioned officer, and, if not, for half of their duration.
The effective duration of the national service performed as called under theArticle L. 63 of the National Service Codeas well as the actual time spent on civic service or international volunteering pursuant to articles L. 120-33 or L. 122-16 of the same code, shall be taken into account in their entirety.
In the event that the grievor referred to in Article 8 is likely to benefit in the classification of the provisions of Articles 10 to 14 of this Order, he or she is enforceable the provisions corresponding to his or her 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 interested party may request that it be applied to the provisions of another of these articles, which are more favourable to it.
Persons who justify, prior to their appointment in one of the bodies governed by this decree, services performed in an administration or agency of a Member State of the European Union or another State Party to the agreement on the European Economic Area within the meaning of thearticle 4 of the decree of 22 March 2010 referred to above shall be categorized, upon appointment, in accordance with the provisions of title II of the same decree.
In addition, where they justify services that do not give rise to the application of these provisions, they may apply, under the same conditions as those provided for in Article 16 of this Decree, to benefit from the provisions of one of Articles 10 to 14 of this Decree in preference to those of decree of 22 March 2010 referred to above.
The average length of time spent in each step of the ranks of the bodies governed by this decree is fixed as follows:
| Upper class 7th step | |
| 6th step | 4 years |
| 5th step | 4 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 3 years |
| 1 step | 2 years |
| Normal 9th step | |
| 8th step | 4 years |
| 7th step | 4 years |
| 6th step | 4 years |
| 5th step | 4 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 1 year |
I. ― Can be promoted in the second grade of their body, under the conditions provided for in 1° of section 69 of the above-mentioned Act of 9 January 1986, rehabilitation personnel who have reached the 5th grade of the first grade and justifying ten years of actual service in one or more of the bodies mentioned in section 1 of this Order.
Interested persons are classified in their new grade in accordance with the following correspondence table:
| 9th step | 5th step | Formerly acquired |
| 8th step | 4th step | Formerly acquired |
| 7th step | 3rd step | 3/4 of acquired seniority |
| 6th step | 2nd step | 3/4 of acquired seniority |
| 5th step from a year | 1 step | 2/3 of the old age acquired beyond a year |
For the purposes of Article 19 I, the seniority enhancements referred to in Article 9, I and II are not considered to be effective services, nor the professional services or activities performed under the conditions set out in Article 10.
Officials belonging to a body or employment framework of category B or equivalent level may be placed in a detachment position or directly integrated into one of the bodies mentioned in section 1 of this decree, if they justify one of the diplomas or titles required for access to that body.
Officials placed in a detachment position or directly integrated into one of these bodies are subject to the provisions of headings II and II bis of the aforementioned decree of 13 October 1988.
Staff members may, at any time, request to be integrated into their detachment bodies. This request is made with the authority vested with the appointing authority of the detachment body. Beyond a five-year period of detachment, they are offered integration into this body.
Services performed in the body or framework of original employments are considered to be services performed in the integration body.
Can also be detached in one of the bodies mentioned in article 1 of this decree, if they justify one of the diplomas or titles required for access to this body, the soldiers mentioned in theArticle 13 ter of the Act of 13 July 1983 referred to abovein the conditions established by the decree provided for by the same provisions.
I. ― Members of bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of hospital civil service rehabilitation staff are incorporated into the corresponding bodies governed by this decree and reclassified according to the following correspondence tables:
| 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 |
| 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 acquired seniority |
| 1 step | 1 step | Formerly acquired |
I. ― Recruitment competitions open in bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of hospital civil service rehabilitation personnel, whose opening orders have been issued before the date of entry into force of this Order, remain governed by the provisions applicable to the date of publication of these Orders.
II. - The winners of the contests mentioned in I, whose appointment was not made in the corresponding body governed by the provisions of the Decree No. 89-609 of 1 September 1989 bearing the special statutes of the civil service rehabilitation staff before the entry into force of this decree may be appointed in the corresponding body governed by this decree.
Internship agents in one of the bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of the staff of the rehabilitation of the hospital public service in its writing prior to the entry into force of this decree continue their internship in the corresponding body governed by this decree.
I. ― On the date of entry into force of this decree, officials belonging to one of the bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of the re-education staff of the hospital and seconded civil service in another of these bodies are placed, for the duration of their remaining detachment, in the position of detachment in the corresponding body governed by this decree. They are classified in the latter body in accordance with the correspondence table in section 23.
II. - On the date of entry into force of this decree, officials belonging to a body other than one of the bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of the re-education staff of the hospital and detached public service in one of these bodies are placed, for the duration of their remaining detachment, in the position of detachment in the corresponding body governed by this decree. They are classified in the latter body in accordance with the correspondence table in section 23.
III. - Public servants mentioned in I and II retain the reductions and increases of seniority granted and not used for a level advancement in their former situation.
IV. - Services performed in detachment position in one of the bodies governed by the Decree No. 89-609 of 1 September 1989 bearing the special statutes of hospital civil service rehabilitation staff are assimilated to services performed in the detachment position in the corresponding body governed by this decree, as well as in the ranks of this body.
I. ― The progress tables for the year 2011 for access to grades of upper-class pedicure-podologist, upper-class masseur-kinesitherapist, upper-class occupational therapist, upper-class psychomotor, upper-class orthophonist, upper-class orthoptist or higher-class dietitian remain valid until December 31, 2011.
II. - Officials promoted pursuant to I after the date of entry into force of this decree are classified, as the case may be, in the rank of pedicure-podologist of the first rank, of masseur-kinesitherapist of the first grade, of ergotherapist of the first grade, of psychomotrician of the first grade, of orthophonist of the first grade or of the diplomaArticle 52 of Decree No. 89-609 of 1 September 1989 bearing the special statutes of the staff of the rehabilitation of the hospital public service in its writing prior to the entry into force of this decree and then reclassified to the date of their promotion in accordance with the provisions of section 23 of this decree.
Decree No. 89-609 of 1 September 1989 on the special statutes of the civil service rehabilitation staff is repealed.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Secretary of State to the Minister of Labour, Employment and Health, in charge of health, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 27 June 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Labour,
employment and health,
Health Officer
Nora Berra
