Advanced Search

Decree No. 2012-762 9 May 2012 With Statutory Provisions Common To The Body Of Nurses In Category A Of The Administrations Of The State

Original Language Title: Décret n° 2012-762 du 9 mai 2012 portant dispositions statutaires communes aux corps d'infirmiers de catégorie A des administrations de l'Etat

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Application texts

Keywords

FUNCTION PUBLIC , CENTRAL ADMINISTRATION , DECONCENTRE SERVICE , PENITENTIARY ADMINISTRATION , JUDICIAL PROTECTION , DEFENSE , NATIONAL EDUCATION , FIRMIER , CATEGORY A , ADVANCEMENT , AMELIORATION


JORF no.0109 of 10 May 2012
text No. 163



Decree No. 2012-762 of 9 May 2012 establishing statutory provisions common to nursing corps To state administrations

NOR: MFPF1209447D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/5/9/MFPF1209447D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/5/9/2012-762/jo/texte


Public officials concerned: officials belonging to the nurses' bodies of the state administrations and the nurses' corps of the outside services of the prison administration and the judicial protection of the youth.
Subject: creation of three nursing corps of state administrations classified as category A.
Entry into force: the text comes into force on the first day of the month following its publication.
The purpose of the decree is to:
– the creation of three grade nurses With a vocation to serve in State administrations: a body with an interdepartmental vocation of State nurses, a body of defence nurses and a body of nurses of national education and higher education:
― the integration into these bodies of the three bodies classified as category B of nurses of the medical services of the state administrations governed by the Decree No. 94-1020 of 23 November 1994 (inter-ministerial corps of nurses and state nurses, nurses and nurses of the Ministry of Defence, nurses and nurses of the Ministry of National Education) as well as the nurses' corps of the deconcentrated services of the penitentiary administration and the judicial protection of youth governed by the Ministry of National Education Decree No. 90-230 of 14 March 1990.
The decree defines the permanent provisions applicable to the three bodies, including their career structure, which will consist of two grades, a grade of nurse divided into a normal class and a higher class, and a grade of senior nurse.
It sets out the conditions for integration in these three bodies and specifies the conditions for the exercise of the right of option offered individually to nurses of the deconcentrated services of the penitentiary administration and the judicial protection of the youth, for inclusion in the new class body At the interdepartmental vocation of state nurses: they will have a period of six months to express their choice, starting with the coming into force of the decree.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Public Service,
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 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. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
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. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Vu le Decree No. 94-874 of 7 October 1994 Amending the common provisions applicable to trainees of the State and its public institutions;
Vu le Decree No. 94-1020 of 23 November 1994 Amending the common statutory provisions applicable to the bodies of the nurses of the medical services of the state administrations;
Vu le Decree No. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations;
Vu le Decree No. 2006-1827 of 23 December 2006 amended with respect to the rules of the level classification following the appointment in certain category A bodies of the public service of the State;
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;
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;
Vu le Decree No. 2012-761 of 9 May 2012 amending the common statutory provisions applicable to the bodies of the nurses of the medical services of the state administrations;
Considering the opinion of the Supreme Council of the Public Service of the State of 23 March 2012;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: General provisions Article 1 Learn more about this article...


    The following bodies are classified as Category A provided for in Article 29 of the Act of 11 January 1984 referred to above and are governed by this Decree:
    1° The body of the state nurses, which constitutes an interdepartmental body under the Minister for Health;
    2° The body of the defense nurses;
    3° The body of the nurses of national education and higher education.

    Article 2 Learn more about this article...


    I. ― The members of the nurses referred to in Article 1 who are assigned to a public service or institution of the State, participate in the implementation of the public health policy, including actions to prevent any deterioration of the health of public officials as a result of their work. In the conditions and areas provided by theArticle L. 4311-1 of the Public Health Code, they perform professional acts and provide nursing on prescription or medical advice, or as part of their own role.
    II. ― Without prejudice to the missions mentioned in I, the members of the nursing bodies referred to in Article 1 who are assigned to the educational institutions participate in the activities of prevention and health education among students and students. They provide personalized support and follow-up to students throughout their education.

    Article 3 Learn more about this article...


    I. ― The minister responsible for health recruits, appoints and manages the members of the state nurses and assigns them to the various ministerial departments.
    In respect of these staff members, he shall exercise the authority relating to appointment, termination of office, detachment and non-managerial position, and shall also make all decisions requiring the prior notice of the parity administrative board. Other management decisions are made by the Minister or, where they are assigned to a public institution, if any, by the executive head of the institution for which the post is assigned.
    II. – Defence nurses are recruited, appointed and managed by the Minister of Defence and the Ministry of National Education and Higher Education by the Minister responsible for National Education.

    Article 4 Learn more about this article...


    Each nursing body referred to in section 1 includes:
    1° The grade of nurse with a normal grade divided into nine ladders and a higher class divided into seven ladders;
    2° The grade of senior nurse with eleven grades.

  • Chapter II: Recruitment Article 5 Learn more about this article...


    I. ― The members of the nurses referred to in section 1 shall be recruited into the normal grade of the nurse by means of competitive examinations for the incumbent candidates, either from a training title or diploma referred to in 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.
    II. ― These competitions include an oral admission test consisting of an interview with the jury. A written eligibility test may be provided.
    III. - These competitions may be common to several bodies governed by this decree. In this case, the candidates make known, in order of preference, the nursing bodies in which they wish to be appointed. The appointments are made according to the ranking of the candidates on the list of candidates admitted to the contest and the preferences they expressed.

    Article 6 Learn more about this article...


    The rules of general organization of the competitions, the duration and content of the oral test provided for in section 5 and, where applicable, the existence, nature, program and duration of the written eligibility test provided for in the same section shall be determined by joint orders of the Minister for Health, the Minister for Public Service and, where applicable, the Minister for which the body reports.
    The conditions for the organization of the competitions and the composition and functioning of the jury are set by order of the Minister organizing the competitive examination.
    Juries referred to in this article include an official from a civil body or a class nurse employment framework A or a nurse belonging to a military corps of the same level.

    Article 7 Learn more about this article...


    I. ― Candidates recruited under section 5 are appointed intern nurses by order of the Minister to whom the recruitment body reports.
    They perform a one-year internship during which they can receive professional training to adapt to their new functions.
    The organization of the internship period, as well as the duration and content of the vocational training, shall be determined by a joint order of the Minister of Recruitment and the Minister of Public Service.
    II. ― During the probation period, the persons concerned are subject to the provisions of decree of 7 October 1994 referred to above.
    III. ― At the end of the internship, the intern nurses whose services have given satisfaction are registered after the advice of the competent parity administrative board.
    Intern nurses who have not been registered at the end of the course may be allowed, after the advice of the appropriate parity administrative board, to complete a complementary internship of up to one year.
    The intern nurses who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are, after the advice of the competent parity administrative board, terminated if they had not previously the quality of an employee, or reintegrated into their original body or employment framework.
    The duration of the internship is taken into account for the advancement within one year.

  • Chapter III: Classification Article 8 Learn more about this article...


    Nurses recruited under section 5 shall be graded, upon appointment, at the 1st step of the normal grade of nurse in their body, subject to provisions of articles 7, 8 and 12 of the decree of 23 December 2006 referred to above or those provided for in articles 9 and 10.
    This classification is made on the basis of the average duration required for each increment set out in section 14.

    Article 9 Learn more about this article...


    Officials who, on the date of their appointment in one of the nursing bodies governed by this Order, belong to a body or frame of employment of categories B or C or of the same level shall be classified in the normal grade of the nurse, at the level with an index equal to or, if not, immediately greater than that held in their original grade.
    Within the limit of the average seniority required in section 14 for a promotion at the upper 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 an increment at the original grade.
    Under the same conditions and limitations, appointed officials who have reached the last level of their original rank retain their seniority when the salary increase following their appointment is less than that resulting from an audit step advancement.

    Article 10 Learn more about this article...


    I. ― Nurses who, on the date of their appointment in one of the nursing bodies governed by this Order, justify services or professional activities performed in functions corresponding to those in which they are appointed, provided that they also justify the detention of training titles, diplomas or authorizations to exercise the nursing profession, are classified, in the normal grade of the nurse,
    1° For services or professional activities performed prior to the date of entry into force of this Order, the persons concerned shall be classified in accordance with the following table:


    PROFESSIONAL SERVICE OR ACTIVITIES
    completed before the effective date of this Order
    SITUATION IN THE NORMAL CLASS
    grade of nurse

    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


    2° For professional services or activities performed after the date of entry into force of this Order, the persons concerned shall be classified at a specified level on the basis of the average duration required for each advancement of section 14, taking into account the full duration of such services or professional activities.
    II. ― Nurses who justify, prior to their appointment in one of the nursing bodies governed by this decree, services or professional activities performed under the 1st and 2nd of the I are classified as follows:
    1° The professional services or activities carried out before the date of entry into force of this decree shall be taken into account in accordance with the provisions of 1° of I;
    2° The professional services or activities carried out beyond the date of entry into force of this Order shall be taken into account for the entire duration of the Order and shall be added to the classification made under the preceding paragraph, taking into account the average duration required for each increment provided for in Article 14.
    III. ― The services or activities referred to in I and II shall be performed, as the case may be, as an employee, member or non-public servant, or as an employee in the following establishments:
    1° Health establishment;
    2° Social or medico-social establishment;
    3° Laboratory of Medical Biology Analysis;
    4th Office of Radiology;
    5° Temporary work;
    6° French blood establishment;
    7° Health at work.

    Article 11 Learn more about this article...


    In the event that the nurse, recruited under section 5, is likely to benefit from the classification of several of the provisions of Articles 7 and 8 of the Decree of 23 December 2006 referred to above and those of articles 9 and 10 for classification in the body, it shall apply the provisions corresponding to its 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.

    Article 12 Learn more about this article...


    The nurses who justify, prior to their appointment in one of the nursing bodies governed by this decree, the services performed in an administration or organization of a Member State of the European Union or another State Party to the Agreement on the European Economic Area are classified, upon their appointment in the normal grade of nurse, in accordance with the provisions of Title II of the Decree of 22 March 2010 referred to above.
    Where they justify, in addition, 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 11, to the application of the provisions of Article 8 preferably to those of decree of 22 March 2010 referred to above.

    Article 13 Learn more about this article...


    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.

  • Chapter IV: Advance Article 14 Learn more about this article...


    The average length of time spent in each of the grade levels of the nursing corps governed by this Order is fixed as follows:


    GRADES, CLASSES AND BUSINESS
    DURÉE MOYENNE

    Senior nurse


    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

    Senior nurse


    7th step


    6th step

    4 years

    5th step

    4 years

    4th step

    4 years

    3rd step

    3 years

    2nd step

    3 years

    1 step

    3 years

    Normal grade nurse


    9th step


    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


    Article 15 Learn more about this article...


    Can be appointed to the upper class of their grade, by choice, by way of enrollment to an annual advance table established after notice of the competent administrative board, the normal class nurses justifying, by December 31 of the year in respect of which the advance table is established, of at least nine years of effective service in a body or frame of employment of grade nurses A or a military corps of equivalent nurses, four years of which have been completed in one of the nursing bodies governed by this decree, and have reached the 5th step of their class.

    Article 16 Learn more about this article...


    Normal-class nurses appointed to the upper class under section 15 are classified in accordance with the following correspondence table:


    SITUATION IN THE CLASS
    normal nursing grade
    SITUATION IN THE CLASS
    upper grade of nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    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

    Formerly acquired


    Article 17 Learn more about this article...


    Can be appointed to the rank of a non-class nurse, at the option, by way of enrolling in an annual advance table established after the advice of the appropriate parity administrative board, the upper-class nurses counting, no later than December 31 of the year under which the advance board is established, at least one year of seniority in the 1st grade of their class.

    Article 18 Learn more about this article...


    The upper class nurses appointed to the grade of non-class nurse pursuant to section 17 are classified in accordance with the following correspondence table:


    SITUATION IN THE CLASS
    upper grade of nurse
    SITUATION IN GRADE
    Senior Nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    7th step

    11th step

    Formerly acquired

    6th step

    10th step

    Formerly acquired

    5th step

    9th step

    Formerly acquired

    4th step

    8th step

    Formerly acquired

    3rd step

    7th step

    Formerly acquired

    2nd step

    6th step

    Formerly acquired

    1st step from a year

    5th step

    Older acquired beyond a year


    Article 19 Learn more about this article...


    The maximum number of normal-class nurses who may be appointed, pursuant to section 15, to the upper class of their grade and the maximum number of upper-class nurses who may be appointed, pursuant to section 17, to the grade of off-class nurse, shall be determined annually in accordance with the terms and conditions defined by the decree of 1 September 2005.

  • Chapter V: Detachment and Direct Integration Rule 20 Learn more about this article...


    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 one of the nursing bodies referred to in section 1 of this Order, if they justify one of the diplomas, titles or exercise authorization mentioned in section I of this Order.
    II. – Officials placed in a detachment position or directly integrated into one of these bodies are subject, as the case may be, to the provisions of headings II or III bis of the decree of September 16, 1985 referred to above.
    However, members of the General and Specialized Nurses Corps governed by the decree of 29 September 2010 referred to above, holders of the first grade, detached or directly integrated into one of the said bodies, are classified according to the following correspondence table:


    SITUATION IN THE FIRST GRADE
    of the Nursing Corps
    General and specialized care
    SITUATION IN GRADE
    upper class nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    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

    Formerly acquired

    SITUATION IN THE FIRST GRADE
    of the Nursing Corps
    General and specialized care

    SITUATION IN GRADE
    Standard Class Nurse

    ANCIENNETÉ CONSERVÉE
    within the time limit

    4th step

    4th step

    Formerly acquired

    3rd step

    3rd step

    Formerly acquired

    2nd step

    2nd step

    Formerly acquired

    1 step

    1 step

    Formerly acquired



    General and specialized nurses of the first rank seconded in the normal grade of the nurse receive the treatment for their original grade if the nurse is or becomes higher than the one they receive in their detachment grade.
    III. ― Employees who are detached may at any time be integrated, upon request, into their detachment body. This request is made to the Minister of Detachment.
    IV. ― Services performed in the original body or employment framework are assimilated to services performed in the integration body.

    Article 21 Learn more about this article...


    Can also be detached from one of the nursing 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.

  • Chapter VI: Initial Body Constitution Article 22 Learn more about this article...


    I. ― On the date of entry into force of this decree, the members of the inter-ministerial body of the nurses and nurses of the State, the nurses and nurses of the Ministry for the Defence and the body of nurses and nurses of the Ministry for National Education governed by the Ministry for National Education Decree of 23 November 1994 are incorporated, respectively, in the body of the State nurses, the body of the defence nurses and the body of the nurses of national education and higher education governed by this decree and reclassified in accordance with the following correspondence tables:


    GRADE D'ORIGINE
    INTEGRATION GRADE
    ANCIENNETÉ CONSERVÉE
    in the limited duration of the

    Senior nurse

    Senior nurse


    6th step

    6th step

    Formerly acquired

    5th step

    5th step

    Formerly acquired

    4th step

    4th step

    4/3 of acquired seniority

    3rd step

    3rd step

    Formerly acquired

    2nd step

    2nd step

    3/2 of acquired seniority

    1 step

    1 step

    Older acquired aged one year

    Nurse and normal grade nurse

    Normal grade nurse


    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



    II. ― Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in the grades of their former body.
    III. ― The services performed by the agents mentioned in I in their body and grade of origin are assimilated to services performed in their body and degree of integration.

    Article 23 Learn more about this article...


    I. ― Members of the nursing corps of the deconcentrated services of the prison administration and the judicial protection of youth, governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses in the external services of the prison administration and the judicial protection of youth, have the right of option provided for in theArticle 37 of the Act of 5 July 2010 referred to above.
    This right of option is open for a period of six months from the date of entry into force of this Order. It is expressly exercised by each agent. The choice expressed by the agent for integration into the body of state nurses governed by this decree is final.
    II. ― The managerial administration of the corps of the nurses of the deconcentrated services of the penitentiary administration and the judicial protection of the youth shall notify each officer of a proposal for integration into the body of nurses of the State governed by this decree, specifying the classification that would result from such integration.
    III. ― In order to allow the integration of nurses of the deconcentrated services of the penitentiary administration and the judicial protection of the youth in the corps of nurses of the State governed by this decree, are created three provisional steps before the 1st step of the upper class of the rank of nurse referred to in Article 4. The duration of the time spent in the first provisional phase is two years and that in the second and third interim steps is three years.
    IV. ― At the date of entry into force of this decree, the personnel referred to in I who have accepted the proposed integration in II are incorporated into the body of the State nurses governed by this decree and reclassified in accordance with the following correspondence tables:


    SITUATION IN GRADE
    Medical Services Monitor
    SITUATION IN GRADE
    Senior Nurse
    ANCIENNETÉ CONSERVÉE
    within the time limit

    7th step

    9th step

    Formerly acquired

    6th step

    8th step

    4/3 of acquired seniority

    5th step

    7th step

    Formerly acquired

    4th step

    6th step

    Formerly acquired

    3rd step

    5th step

    Formerly acquired

    2nd step

    4th step

    Formerly acquired

    1 step

    3rd step

    Formerly acquired, increased by one year

    SITUATION IN GRADE
    upper class nurse

    SITUATION IN GRADE
    Senior Nurse

    ANCIENNETÉ CONSERVÉE
    within the time limit

    5th step

    8th step

    Formerly acquired

    Step four:



    ― from three years

    8th step

    Not old

    - before three years

    7th step

    2/3 of the acquired seniority, increased by one year

    Step three:



    ― from two years

    7th step

    Formerly acquired beyond two years

    - before two years

    6th step

    3/2 of acquired seniority

    2nd step

    5th step

    2/3 of acquired seniority

    1 step

    4th step

    2/3 of acquired seniority

    SITUATION IN GRADE
    Standard Class Nurse

    SITUATION IN THE CLASS
    upper grade of nurse

    ANCIENNETÉ CONSERVÉE
    within the time limit

    8th step

    3rd step

    Formerly acquired

    7th step

    2nd step

    3/4 of acquired seniority

    6th step

    1 step

    3/4 of acquired seniority

    5th step

    3rd interim step

    3/4 of acquired seniority

    4th step

    2nd interim step

    Formerly acquired

    3rd step

    1 interim step

    2/3 of acquired seniority

    2nd step

    1 interim step

    Not old

    1 step

    1 interim step

    Not old



    V. ― Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in the grades of their former body.
    VI. ― The services performed in the corps of the nurses of the decicent services of the prison administration and the judicial protection of youth, as well as in the ranks of this body, are assimilated to services performed in the body of the nurses of the State governed by this decree and in the ranks of that body.

  • Chapter VII: Transitional and final provisions Article 24 Learn more about this article...


    I. ― The progress tables for the year 2012 for access to the ranks of senior nurses of the interdepartmental corps of nurses and nurses of state and nursing departments and nurses of the Ministry of Defence governed by the Ministry of Defence Decree of 23 November 1994 remain valid until December 31, 2012.
    II. ― Normal-class nurses promulgated pursuant to I after the date of entry into force of this decree are classified, in the rank of upper-class nurse of the integration body governed by this decree, taking into account the situation that would have been theirs if they had not ceased to belong to their former body until the date of their promotion, and then promulgated in the nurse classarticle 18 of the decree of 23 November 1994 referred to above, in its writing before the date of entry into force of the above-mentioned Decree (Amendment) of 9 May 2012, and, finally reclassified, on the date of their promotion, in accordance with the correspondence table in article 22 of this Decree.

    Rule 25 Learn more about this article...


    Under the 2012 year, the nurses of the Ministry of National Education referred to in section 22 do not benefit from any advancement in the body governed by the Decree of 23 November 1994.
    They may, as of September 1, 2012, be included in the class and grade progress tables provided for in sections 15 and 17.

    Rule 26 Learn more about this article...


    I. ― On the date of entry into force of this decree, officials belonging to one of the bodies governed by the Decree of 23 November 1994 and detached in another of these bodies are placed, for the duration of their remaining detachment, in a detachment position in the corresponding body governed by this decree. They are classified in the latter body in accordance with the correspondence table in section 22.
    II. ― Interested persons referred to in I retain the reductions and increases of seniority granted and not used for a level advancement in the grades of their former body.
    III. ― The services they have performed in the detachment position in one of the nursing bodies governed by the Decree of 23 November 1994 and in the ranks of this body are assimilated to services performed in the detachment position in the body of nurses governed by this decree as well as in the ranks of this body.

    Rule 27 Learn more about this article...


    Nurses and intern nurses in one of the bodies governed by the Decree of 23 November 1994 continue their training in the body of integration nurses governed by this decree and are classified in this body in accordance with the table in Article 22.

    Rule 28 Learn more about this article...


    I. ― Recruitment competitions open in bodies governed by the Decree of 23 November 1994, whose opening orders have been issued prior to 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 of 23 November 1994 before the date of entry into force of this Order may be appointed as trainees in the normal class of the grade of nurse of the corresponding body governed by this Order.

    Rule 29 Learn more about this article...


    Contractual officers recruited pursuant to section 27 of the above-mentioned Act of 11 January 1984, who are to be held in the rank of nurse and nurse of the normal class of one of the bodies governed by the Decree of 23 November 1994 shall be held in office and shall be held in the corresponding body governed by this decree.

    Rule 30 Learn more about this article...


    I. ― The progress tables for the year 2012 for access to the grades of upper-class nurse and supervisor of medical services of the nursing corps of the deccented services of the penitentiary administration and the judicial protection of youth governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses in the external services of the prison administration and the judicial protection of youth remain valid until 31 December 2012.
    II. ― Normal-class nurses and upper-class nurses promulgated pursuant to I after the date of entry into force of this decree and who exercised their right of option in favour of their integration into the body of nurses of the State governed by this decree are classified as a non-class nurse, taking into account the situation that would have been the rank of their nurses

    Rule 31 Learn more about this article...


    I. ― On the effective date of this Order, nurses and nurses belonging to one of the bodies governed by the Order Decree of 23 November 1994 and seconded to the nursing corps of the deconcentrated services of the prison administration and the judicial protection of youth, governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses of the external services of the prison administration and the judicial protection of the youth are placed, with the exception of those belonging to the inter-ministerial corps of nurses and state nurses, in a position of detachment in the body of the State nurses governed by this decree, for the duration of their remaining detachment to run.
    II. ― Nurses belonging to one of the bodies governed by the Decree of 23 November 1994 and detached into the body of the nurses of the deconcentrated services of the prison administration and the judicial protection of the youth are classified in the body of the nurses of the State from their situation in their body and rank of detachment, in accordance with the correspondence table in the IV of Article 23. However, if it is more favourable to them, they are classified from their position in their body and grade of origin according to the table in article 22.
    They retain the reductions and increases of seniority granted and not used for a level of advancement in the ranks of nurses of the decicent services of the prison administration and the judicial protection of youth.
    III. ― The services performed by the agents mentioned in I in the detachment position in the corps of the nurses of the deconcentrated services of the penitentiary administration and the judicial protection of the youth as well as in the ranks of this body are assimilated to services performed in the detachment position of the nurses of the State governed by this decree as well as in the ranks of this body.

    Rule 32 Learn more about this article...


    I. ― Nursing trainees of the nursing corps of the decented services of the prison administration and the judicial protection of youth, governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses in the external services of the prison administration and the judicial protection of youth, have the right of option provided for in theArticle 37 of the Act of 5 July 2010 referred to above under the conditions set out in I and II of Article 23.
    II. ― Those who have exercised their right of option in favour of their integration into the body of the State nurses governed by this decree shall continue their internship in the rank of the normal nurse of the said body and shall be classified in that rank in accordance with the table in article 23 IV.

    Rule 33 Learn more about this article...


    I. ― Recruitment competitions opened in the corps of nurses of the decented services of the prison administration and the judicial protection of youth governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses of the external services of the prison administration and the judicial protection of youth, whose opening order was issued before the date of entry into force of this decree, remain governed by the provisions applicable to the date of publication of this Order.
    II. ― The winners of the contests mentioned in I, whose appointment has not been made in the body of the nurses of the decicent services of the prison administration and the judicial protection of the youth before the entry into force of this decree, may be appointed as a trainee, under the conditions provided for in Article 7, of the body of the nurses of the State governed by this decree.

    Rule 34 Learn more about this article...


    Contractual officers recruited pursuant to section 27 of the above-mentioned Act of 11 January 1984, who are intended to be held in the rank of regular nurse of the nurses of the deccented services of the prison administration and the judicial protection of the youth governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of the nurses of the external services of the prison administration and the judicial protection of the youth are maintained in office and are intended to be held in the body of the nurses of the State governed by this decree.

    Rule 35 Learn more about this article...


    I. ― Until the next general renewal of the members of the Joint Administrative Committees, the mandate of representatives to the relevant Joint Administrative Committees for the bodies governed by the Decree of 23 November 1994 and representatives to the relevant Administrative Committee for the Corps of Nurses of the Deconcentrated Services of the Prison Administration and the Judicial Protection of Youth, governed by the Decree No. 90-230 of 14 March 1990 relating to the special status of nurses in the external services of the prison administration and the judicial protection of youth, is maintained.
    The representatives of the staff of these committees shall sit in the parity administrative commissions of the nursing bodies governed by this decree and shall represent the members of these bodies under the conditions laid down in II and III.
    II. ― For the body of the defence nurses and the body of the nurses of national education and higher education:
    1° Officials with the rank of nurse and normal-class nurse represent officials with the rank of normal-class nurse;
    2° Officials with the rank of nurse and senior-level nurse represent officials with the grade of senior-level nurse and the grade of senior-level nurse.
    III. ― For the body of the state nurses, representatives to the parity administrative commission of the interdepartmental corps of nurses and state nurses and representatives to the parity administrative commission of the corps of nurses of the deconcentrated services of the penitentiary administration and the judicial protection of the youth sit in common formation.
    1° Officials who hold the rank of nurse and normal-class nurse in the interdepartmental corps of state nurses represent officials who hold the rank of normal-class nurse.
    2° Representatives of officials who hold the rank of nurse and senior nurse of the inter-ministerial corps of the state nurses and representatives of the nursing corps of the deconcentrated services of the prison administration and the judicial protection of the youth represent the rank of senior nurse and the rank of senior nurse.

    Rule 36 Learn more about this article...


    The Decree No. 90-230 of 14 March 1990 relating to the special status of nurses in the external services of the prison administration and the judicial protection of youth is repealed from the first day of the sixth month following the date of entry into force of this decree.

    Rule 37 Learn more about this article...


    The Minister of Defence and Veterans, the Guard of Seals, Minister of Justice and Freedoms, the Minister of Labour, Employment and Health, the Minister of National Education, Youth and Associative Life, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister of the Public Service are responsible, each in the matter of the decree, for the execution of the French newspaper


Done on 9 May 2012.


François Fillon


By the Prime Minister:


The Minister of Public Service,

François Sauvadet

Minister of Defence

and veterans,

Gérard Longuet

The guard of the seals,

Minister of Justice and Freedoms,

Michel Mercier

The Minister of Labour,

employment and health,

Xavier Bertrand

Minister of National Education,

youth and associative life,

Luc Chatel

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.44 Mo) Download the document in RDF (format: rdf, weight < 1 MB)