Key Benefits:
Publics concerned: European Union nationals wishing to use the title of osteopath in French territory within the framework of free establishment or free service delivery.
Subject: clarification of the provisions for the transposition of Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on the recognition of professional qualifications applicable to the use of the title of osteopath.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree updates the terms of Decree No. 2007-435 of 25 March 2007 relating to acts and conditions of exercise of osteopathy relating to European Union nationals and provides a better legibility of the provisions concerning them. The procedures open to European Union nationals and their differences are thus specified in two separate subsections. The decree also specifies the competence of the regional health agencies in respect of disputes arising from the implementation of the transitional measures provided for in articles 16 and 17 of the decree of March 25, 2007, which conferred the authority of the prefects of regions.
References: the text amended by this decree can be consulted, in its drafting resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Considering Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications;
Vu la Act No. 2000-321 of 12 April 2000 relating to the rights of citizens in their relations with the administration, including Article 21;
Vu la Act No. 2002-303 of 4 March 2002 amended on the rights of patients and the quality of the health system, including article 75;
Vu le Decree No. 2006-672 of 8 June 2006 the establishment, composition and functioning of the administrative commissions of an advisory nature;
Vu le Decree No. 2007-435 of 25 March 2007 modified for acts and conditions of exercise of osteopathy;
Considering the opinion of the High Health Authority of 20 December 2011;
The State Council (Social Section) heard,
Decrete:
The provisions of section 2 of chapter 2 of the above-mentioned Decree of 25 March 2007 are replaced by the following provisions:
“Section 2
"Residents of a Member State of the European Union or another State Party to the Agreement on the European Economic Area
"Subsection 1
“Free establishment
"Art. 6.-The Director General of the Regional Health Agency of the Region in whose jurisdiction the place of establishment of the person concerned may, after the opinion of the regional commission mentioned in Article 11, authorize individually to use the title of osteopath, nationals of a Member State of the European Union or of another State Party to the agreement on the European Economic Area, who have successfully completed the post-secondary degree
« 1° a training title issued by a State, member or party, and required by the competent authority of a State, member or party, which regulates access to or exercise of this professional activity, and allowing the exercise of it legally in that State;
« 2° Or, where the persons concerned have exercised in a State, a member or a party, which does not regulate access to such a professional activity or exercise, a training certificate issued by a State, a member or a party attesting to the preparation for the exercise of that professional activity, accompanied by a certificate justifying, in that State, its full-time exercise for two years in the last ten years or part-time for a corresponding period of time. This condition is not applicable when training leading to this professional activity is regulated;
« 3° Or a training title issued by a third State and recognized in a State, member or party, other than France, allowing to legally exercise this professional activity.
"The issuance of the license for professional use of the title allows the beneficiary to exercise osteopathy in the same conditions as the graduates mentioned in the 2nd of section 4.
"Art. 7.-The Director General of the competent regional health agency shall issue the authorization for professional use of the title of osteopath, in the light of an application accompanied by a file submitted in accordance with the terms set out in the order referred to in Article 9.
"He acknowledges receipt of the request within one month of his receipt.
"The silence kept by the Director General of the relevant regional health agency, upon the expiry of a period of four months from the receipt of the complete file, is a decision to reject the application.
"Art. 8.-The commission referred to in Article 11 examines all the training and professional experience of the individual.
"When the training is less than one year than the degree provided for in theArticle 75 of the Act of 4 March 2002 referred to above or when it deals with material substantially different or where one or more components of the professional activity whose exercise is subordinate to the above-mentioned degree do not exist in the corresponding profession in the Member State of origin or have not been the subject of education in that State, the commission verifies the entire training and professional experience of the individual. If these differences are not of a nature to cover, in whole or in part, these differences, the commission proposes a compensation measure consisting of either a fitness test or an adaptation internship.
"The Director General of the relevant regional health agency shall inform the individual of the content and duration of the compensation measures envisaged and shall request him to submit, at his or her choice, to any of these measures.
"Art. 8-1.-The purpose of the suitability test is to verify by means of written or oral tests that the interested party has an appropriate knowledge of the material in the course of the training program allowing the exercise of professional activity in France, which was not initially taught or that he has not acquired during his professional experience.
"The purpose of the adaptation course is to enable the individual 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 an optional complementary theoretical training. The duration of the internship does not exceed three years.
"The Director General of the competent regional health agency shall issue the professional use of the osteopathic title after completion of the adaptation course or in view of the outcome of the aptitude test.
"Art. 9.-Sont fixed by order of the Minister for Health:
« 1° The composition of the file produced in support of the application for authorization;
« 2° The composition of the jury of the aptitude test and the organisation of this trial;
« 3° Methods for organizing and evaluating the adaptation internship;
« 4° The information to be provided in the statistical statements.
"Subsection 2
“Free service delivery
"Art. 10.-Osteopath, a national of a Member State of the European Union or of another State Party to the Agreement on the European Economic Area, which is legally established and exercised the activity of osteopath in a State, member or party, may perform in France professional acts, temporarily and occasionally, without having to proceed with the registration referred to in Article 5.
"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 professional activity of osteopath is not regulated in the State in which it is established, the service provider must justify having exercised there for at least two years in the preceding ten years.
"Art. 10-1. -The provision of services is subject to a prior statement which is accompanied by supporting documents whose list is fixed by the order mentioned in section 10-5. It is addressed, prior to the first service delivery, to the Director General of the regional spring health agency selected by the provider.
"This statement includes information on the civil status, nationality, legality of the institution in the Member State of origin or origin, the absence of a prohibition, even temporary, of exercising, professional qualifications, professional insurance and the place of execution of the first service delivery and the supporting documents.
"Art. 10-2.-I. ― The Director General of the competent regional health agency shall decide after notice of the commission referred to in Article 11.
“II. ― Within one month of receipt of the declaration, the Director General of the relevant regional health agency shall inform the provider, in the light of the examination of his file:
« 1° Either it can begin service delivery;
« 2° Either it cannot begin service delivery;
« 3° However, when the professional qualifications of the provider demonstrates a substantial difference with the training required in France, it must demonstrate that it has acquired the missing knowledge and skills, including by submitting to an aptitude test. If it meets this control, it is informed within one month that it can begin service delivery. Otherwise, he is informed that he cannot begin service delivery.
"III. ― Within the same period of one month from the date of receipt of the declaration, when the review of the file highlights a difficulty requiring additional information, the Director General of the relevant regional health agency informs the provider of the reasons for the delay in the examination of his file. It then has a period of one month to obtain the additional information requested. In this case, before the end of the second month after the receipt of this information, the Director General shall inform the provider, following a review of his file:
« 1° Either it can begin service delivery;
« 2° Either it cannot begin service delivery;
« 3° However, when the professional qualifications of the provider demonstrates a substantial difference with the training required in France, it must demonstrate that it has acquired the missing knowledge and skills, including by submitting to an aptitude test. If it meets this control, it is informed within one month that it can begin service delivery. Otherwise, he is informed that he cannot begin service delivery.
"IV. ― In the absence of a response from the Director General of the relevant regional health agency within the time limits set out in II and III above, service delivery may begin.
"Art. 10-3.-The Director General of the relevant regional health agency registers the service provider on a specific list. It shall send to the applicant a receipt with its registration number.
"The declaration is renewable every year. In the event of a change in the applicant's situation as determined by the attached documents, the applicant shall declare these amendments and shall, if any, provide the documents fixed by the order referred to in 10-5.
"Art. 10-4.-The service provider is subject to the conditions for the exercise of professional activity and to the applicable professional rules in France.
"The provision of services is carried out under the professional title of the State of establishment, so as to avoid confusion with the French professional title. However, in the event that qualifications have been verified, service delivery is performed under the French professional title.
"Art. 10-5.-Sont fixed by order of the Minister for Health:
« 1° The model of the statement and the list of supporting documents;
« 2° The information to be provided in the statistical statements.
"Subsection 3
“Common provisions
"Art. 11.-I. ― In each region, the osteopathic commission referred to in Articles 6.8 and 10-2 includes:
« 1° The Director General of the Regional Health Agency or its representative, President;
« 2° A doctor;
« 3° A masseur-kinesitherapist;
« 4° Two osteopaths, including a teacher.
"An order by the Director General of the Regional Health Agency shall appoint, for a period of five years, the incumbent and alternate members mentioned in 2° to 4°.
“II. ― The regional health agency provides the committee secretariat. The travel and residence costs of its members are covered under the conditions provided for by the regulations applicable to State officials.
"Art. 12.-The practitioner, at the time of the issuance of the authorization to use the title or the declaration of service delivery, must have the language knowledge necessary for the exercise of professional activity and those relating to the weight systems and measures used in France.
"In the event of a doubt about the language knowledge necessary for the exercise of professional activity, the Director General of the competent regional health agency shall verify the applicant's sufficient proficiency in the French language.
"Art. 13.-The practitioner authorized to use the title of osteopath may use his or her 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 the title of formation of the State of origin, member or party, is likely to be confused with a title requiring in France further training that the professional has not followed, the director general of the competent regional health agency may decide that the interested party will state the title of formation of the State of origin, member or party, in an appropriate form that he indicates. »
The regional health agency located within the jurisdiction of the initially competent administrative authority shall provide the instruction and follow-up of the ongoing litigation actions relating to applications for use of the osteopathic title formed pursuant to thearticle 17 of the decree of 25 March 2007 referred to above. It enforces the relevant court decisions.
The Minister of Labour, Employment and Health is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 26 April 2012.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
