Key Benefits:
Public officials involved in the employment framework of the territorial nurses.
Subject: creation of the category employment framework A territorial nurses in general care and integration of officials in the Territorial Nurses Category B employment framework.
Entry into force: the text comes into force on January 1, 2013.
Notice: The purpose of the Order is to create the Territorial Nurses' Category A Employment Framework for General Care. It sets out the conditions for the integration of territorial nurses (category B) in the new framework of employment of territorial nurses in general care (category A). It provides for the immediate integration of sedentary officials. Territorial nurses benefiting from the active category have a right of option to either integrate this new category employment framework A by benefiting from a more favourable reclassification than the sedentary, i.e. to retain the active category by remaining in the category B jobs of the territorial nurses.
References: the decree and the texts it amends can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of State Reform, Decentralization and 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. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service;
Vu la Act No. 2010-751 of 5 July 2010 amended on the renewal of social dialogue and including various provisions relating to the civil service, including article 37;
Vu le Decree No. 86-68 of 13 January 1986 amended on detachment positions, out of frameworks, availability and parental leave of territorial officials and integration;
Vu le Decree No. 92-861 of 28 August 1992 amended with a specific status of the employment framework of the territorial nurses;
Vu le Decree No. 95-1018 of 14 September 1995 Amending the division of territorial officials into hierarchical groups pursuant to section 90 of the Act of 26 January 1984 on statutory provisions relating to the territorial public service;
Vu le Decree No. 2003-676 of 23 July 2003 amended to include specific status of Nursing, Reeducators and Medico-Technical Assistants;
Vu le Decree No. 2005-1727 of 30 December 2005 Amending the conditions of integration in the employment frameworks of the territorial public service of the public officials of the State in application of the provisions of Article 109 of Act No. 2004-809 of 13 August 2004 relating to local freedoms and responsibilities;
Vu le Decree No. 2006-1695 of 22 December 2006 Amending the common statutory provisions applicable to employment frameworks of officials in the Territorial Civil Service Category A;
Vu le Decree No. 2008-512 of 29 May 2008 relating to mandatory statutory training of territorial officials;
Vu le Decree No. 2010-311 of 22 March 2010 concerning 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. 2012-1419 of 18 December 2012 amending Decree No. 92-861 of 28 August 1992 having special status in the employment framework of the territorial nurses;
Having regard to the opinion of the Superior Council of the Territorial Public Service dated 19 April 2012;
Considering the opinion of the Standards Advisory Board dated 7 June 2012;
The State Council (Section of Administration) heard,
Decrete:
Territorial nurses in general care are a Class A medical-social employment framework within the meaning of section 5 of the Act of 26 January 1984 referred to above.
This employment framework includes the ranks of nurse in general care and nurse in general care.
The grade of General Care Nurse has a normal grade and a higher grade.
The members of the employment framework shall serve in the public authorities and institutions referred to in section 2 of the Act of 26 January 1984 referred to above.
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.
Recruitment as a nurse in general care of a normal class occurs after registration on a fitness list established under the provisions of section 36 of the Act of 26 January 1984 referred to above.
Registered on the suitability list provided for in Article 3, candidates declared admitted to a competitive examination open to incumbent candidates or a training title referred to in 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.
The nature and the procedure of the competitions are set by decree.
The competitions are organized by the management centre for affiliated communities and public institutions and by public communities and institutions themselves when they are not affiliated. The organizing authority sets out the organizational arrangements, the rules of discipline, the number of open positions and the date of the trials. It sets out the list of candidates authorized to compete. She also stops the aptitude list.
Candidates on the suitability list provided for in section 4 and recruited on a job of one of the public authorities or institutions referred to in section 2 of the above-mentioned Act of 26 January 1984 are appointed nurses in general-level interns for a period of one year by the territorial authority vested with the appointing authority.
During their internship, they are required to undergo integration training, under the conditions provided by the decree of 29 May 2008 referred to abovefor a total duration of five days.
The titularization of trainees, by a decision of the territorial authority, shall be effected at the end of the internship referred to in Article 5, in particular given a certificate of follow-up to the integration training established by the National Centre of the Territorial Civil Service.
When titularization is not pronounced, the trainee is either terminated, if he had not previously been an employee, or reintegrated into his or her original employment, body or job.
However, the territorial authority may, on an exceptional basis, decide that the internship period is extended for a maximum of one year.
Nursing staff recruited in this employment framework shall be graded at the first level of the grade of nurse in general normal care, subject to the more favourable provisions provided for in sections 7 and 8 and II of Article 12 of the above-mentioned Decree of 22 December 2006 or articles 8 and 9 of this Decree.
This classification is made on the basis of the maximum duration required for each increment set out in section 18.
I. ― Employees who, on the date of their appointment in this framework of employment, belong to an employment framework or a group of categories A, B or C or the same level are classified in the normal grade of the grade of nurse in general care, at the level with an equal index or, if not, immediately higher than that held in their original grade.
Within the limit of the maximum seniority established by section 18 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.
II. ― Agents classified under I at a level with less than the treatment they received prior to their appointment shall retain in their personal capacity the benefit of their prior treatment until the day they receive in their new grade of at least equal treatment. However, the continued treatment cannot exceed the limit of indiciary treatment for the highest grade of this employment framework.
I. ― Nurses who, on the date of their appointment in this framework of employment, justify services or professional activities performed in functions commensurate with those in which they are appointed, provided that they also justify the detention of training titles, diplomas or exercise authorizations of the nursing profession, are classified in the normal grade of the General Care Nurse, under the following conditions:
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:
| Over 24 years and 6 months | 7th step |
| Between 20 years and 24 years and 6 months | 6th step |
| Between 15 years and 6 months and 20 years | 5th step |
| Between 11 years and 15 years and 6 months | 4th step |
| Between 7 years and 6 months and 11 years | 3rd step |
| Between 4 years and 7 years and 6 months | 2nd step |
| Before 4 years | 1 step |
In the event that the nurse referred to in section 7 is likely to benefit from the appointment of several of the provisions of articles 7 and 8 of the decree of 22 December 2006 referred to above and the provisions of articles 8 and 9 shall be applied to the State party in respect of 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.
Nurses who justify, prior to their appointment in this framework of employment, 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 are classified, upon their appointment in the normal class of the rank of nurse in general care, in accordance with the provisions of Title II of the above-mentioned Decree of 22 March 2010.
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 10 of this Decree, to the provisions referred to in Article 7 preferably to those of decree of 22 March 2010 referred to above.
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, respectively pursuant to articles L. 120-33 or L. 122-16 of the same code, shall be taken into account in their entirety.
Within two years of their appointment under Article 5, their detachment or direct integration under Articles 23 and 24, the members of this employment framework shall be required to undergo vocational training in the first employment, under the conditions prescribed by the decree of 29 May 2008 referred to above and for a total duration of five days.
At the end of the two-year period provided for in Article 13, the members of this employment framework are required to undergo vocational training throughout the career, under the conditions prescribed by the decree of 29 May 2008 referred to aboveat two days per five-year period.
When they reach a position of responsibility, within the meaning ofarticle 15 of the decree of 29 May 2008 referred to above, the members of this employment framework shall be required, within a period of six months from their assignment to the employment in question, to be trained, for a period of three days, under the conditions prescribed by the same decree.
In the event of an agreement between the officer and the territorial authority to which he reports, the duration of the training referred to in sections 13 to 15 may be extended to a maximum of ten days.
The normal grade of nurse in general care includes nine steps. The upper class consists of seven ladders.
The grade of Senior General Care Nurse includes eleven steps.
The maximum duration and minimum duration of the time spent in each step are fixed and follows:
| Senior General Care Nurse | | |
| 11th step | ― | ― |
| 10th step | 4 years | 3 years 8 months |
| 9th step | 4 years | 3 years 8 months |
| 8th step | 4 years | 3 years 8 months |
| 7th step | 3 years | 2 years 9 months |
| 6th step | 3 years | 2 years 9 months |
| 5th step | 2 years | 1 year 10 months |
| 4th step | 2 years | 1 year 10 months |
| 3rd step | 2 years | 1 year 10 months |
| 2nd step | 2 years | 1 year 10 months |
| 1 step | 1 year | 1 year |
| Senior General Care Nurse | | |
| 7th step | ― | ― |
| 6th step | 4 years | 3 years 8 months |
| 5th step | 4 years | 3 years 8 months |
| 4th step | 4 years | 3 years 8 months |
| 3rd step | 3 years | 2 years 9 months |
| 2nd step | 3 years | 2 years 9 months |
| 1 step | 3 years | 2 years 9 months |
| Standard General Care Nurse | | |
| 9th step | ― | ― |
| 8th step | 4 years | 3 years 8 months |
| 7th step | 3 years | 2 years 9 months |
| 6th step | 3 years | 2 years 9 months |
| 5th step | 3 years | 2 years 9 months |
| 4th step | 3 years | 2 years 9 months |
| 3rd step | 3 years | 2 years 9 months |
| 2nd step | 2 years | 1 year 10 months |
| 1 step | 1 year | 1 year |
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 parity administrative board, the normal-class general-care nurses justifying, no later than December 31 of the year in respect of which the advance table is established, of at least nine years of actual service in a job or class nursing unit A or a military corps of equivalent nurses, four years of which have been completed in this employment framework, and have reached the 5th level of their class.
Normal-class general-care nurses promoted to the upper class under section 19 are classified at the level with an index equal to or, if not, immediately higher than that held in the normal class.
Within the limit of the maximum seniority required in section 18 for promotion at the upper level, they retain the seniority acquired in the normal class when the salary increase following their appointment in the upper class is less than that which would have resulted from a level advancement in the normal class.
Normal-class general-care nurses promoted to the upper class, while they have reached the final level of their class, retain their seniority within the same limits when the salary increase following their appointment is less than that resulting from a promotion at the latter level.
Can be appointed to the rank of Senior General Care Nurse, at the option, by way of enrolling in an annual progress table prepared after the advice of the Joint Administrative Board, the Senior General Care Nurses counting, no later than December 31 of the year in which the progress table is established, at least one year of seniority in the 1st grade of their class.
Senior General Care Nurses appointed to the grade of Senior General Care Nurses pursuant to section 21, are classified in accordance with the following correspondence table:
| 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 |
I. ― Officials belonging to a class body or framework A or equivalent level may be placed in a detachment position or directly integrated into this employment framework if they justify one of the training titles or exercise authorizations mentioned in section 4.
II. ― Officials placed in a detachment position or directly incorporated in this employment framework are subject, as the case may be, to the provisions of headings I, III bis and IV of the decree of January 13, 1986 referred to above.
However, members of the General and Specialized Nursing Corps of the Hospital Public Service decree of 29 September 2010 referred to above, holders of the first rank, seconded or directly integrated into this employment framework, are classified in accordance with the following correspondence table:
| 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 |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | Formerly acquired |
| 1 step | 1 step | Formerly acquired |
Can also be detached in this employment framework, if they justify one of the qualifications or titles required for access to this employment framework, the CF members 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. ― The right of option provided by the provisions of section 37 of the Act of 5 July 2010 referred to above is open to members of the territorial nursing employment framework governed by the Decree of 28 August 1992 who occupy a job classified in the active category.
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 employee. The choice thus expressed by the grievor is final.
II. ― The territorial authority shall notify each employee concerned of a proposal for integration into the employment of territorial nurses in general care by specifying the classification resulting from such integration.
III. ― In order to allow integration into this employment framework of the territorial nurses mentioned in I are created three interim steps before the 1st step of the senior grade of nurse in general care. The maximum and minimum length of time spent in these interim steps shall be determined as follows:
| 3rd step | 3 years | 2 years 9 months |
| 2nd step | 3 years | 2 years 9 months |
| 1 step | 2 years | 1 year 10 months |
| Senior nurse | Senior General Care Nurse | |
| 6th step | 9th step | Formerly acquired |
| 5th step | 8th step | 3/4 of acquired seniority |
| Step four: | | |
| ― from two years | 8th step | Formerly acquired beyond two years |
| - before two years | 7th step | Older acquired aged one year |
| Step three: | | |
| ― from two years | 7th step | Formerly acquired beyond two years |
| - before two years | 6th step | Older acquired aged one year |
| 2nd step: | | |
| ― from a year | 6th step | Older acquired beyond a year |
| - before a year | 5th step | Older acquired aged one year |
| 1st step: | | |
| ― from a year | 5th step | Older acquired beyond a year |
| - before a year | 4th step | Older acquired aged one year |
| Normal grade nurse | Senior General Care Nurse | |
| 8th step | 3rd step | Formerly acquired |
| Step 7: | | |
| ― from 4 years | 3rd step | Not old |
| - before 4 years | 2nd step | 3/4 of acquired seniority |
| Step 6: | | |
| ― from 4 years | 2nd step | Not old |
| - before 4 years | 1 step | 3/4 of acquired seniority |
| Step 5: | | |
| ― from 4 years | 1 step | Not old |
| - before 4 years | 3rd interim step | 3/4 of acquired seniority |
| Step four: | | |
| ― from 3 years | 3rd interim step | Not old |
| - before 3 years | 2nd interim step | Formerly acquired |
| Step three: | | |
| ― from 3 years | 2nd interim step | Not old |
| - before 3 years | 1 interim step | 2/3 of acquired seniority |
| 2nd step | 1 interim step | Not old |
| 1 step | 1 interim step | Not old |
Territorial nurses governed by the Decree of 28 August 1992, other than those mentioned in section 25, are incorporated in this employment framework and reclassified, at the date of entry into force of this Order in Council, in accordance with the following correspondence tables:
| Senior nurse | Senior General Care 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 |
| Normal grade nurse | Standard General Care Nurse | |
| 8th step | 7th step | Formerly acquired |
| Step 7: | | |
| - beyond 4 years | 7th step | Not old |
| - before 4 years | 6th step | 3/4 of acquired seniority |
| Step 6: | | |
| - beyond 4 years | 6th step | Not old |
| - before 4 years | 5th step | 3/4 of acquired seniority |
| Step 5: | | |
| - beyond 4 years | 5th step | Not old |
| - before 4 years | 4th step | 3/4 of acquired seniority |
| Step four: | | |
| - beyond 3 years | 4th step | Not old |
| - before 3 years | 3rd step | Formerly acquired |
| Step three: | | |
| - beyond 3 years | 3rd step | Not old |
| - before 3 years | 2nd step | 2/3 of acquired seniority |
| 2nd step: | | |
| - beyond 2 years | 2nd step | Not old |
| - before 2 years | 1 step | 1/2 of acquired seniority |
| 1 step | 1 step | Not old |
Public servants are integrated into this employment framework by order of the territorial authority to which they report.
Services performed in employment and the degree of origin are considered to be services performed in this employment framework and the degree of integration.
I. ― The progress tables for 2012 for access to the rank of senior-level nurse in the Territorial Nurses Employment Framework governed by the Decree of 28 August 1992 remain valid until December 31, 2012.
II. ― Normal-class nurses promulgated pursuant to I after the date of entry into force of this Order and who exercised their right of option in favour of their integration into this framework of employment are classified as a non-class nursing nurse, taking into account the situation that would have been theirs if they had not ceased to belong to their former job grades until theirarticle 18 of the decree of 28 August 1992 referred to above in its drafting prior to the effective date of decree of 18 December 2012 referred to above and finally was reclassified, on that same date, in accordance with the correspondence table in Article 25 of this Order.
III. ― Normal-class nurses, promulgated pursuant to I after the date of entry into force of this Order, not eligible for the right of option referred to in section 25, are classified as a nurse in the upper-class general care, taking into account the situation that would have been the case if they had not ceased to belong to their former grade and then promoted to the datearticle 18 of the decree of 28 August 1992 referred to above in its drafting prior to the effective date of decree of 18 December 2012 referred to above and finally was reclassified, on that same date, in accordance with the correspondence table in article 26 of this decree.
I. ― Access to the employment framework of territorial nurses governed by the Decree of 28 August 1992, 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 referred to in I, whose appointment was not made in the context of employment governed by the provisions of Decree of 28 August 1992 prior to the effective date of this Order may be appointed as a trainee in the normal grade of nurse in general care of this Employment Framework.
Contractual officers recruited under the seventh paragraph of section 38 of the above-mentioned Act of 26 January 1984, who are to be held in the rank of normal-class nurse, shall be held in office and shall be held in the rank of normal-class general-care nurse governed by this Order.
The above-mentioned decree of 23 July 2003 is amended:
1° In 1° of Article 4, after the words: "either from the employment framework of the territorial nurses" are inserted the words: "from the employment framework of the territorial nurses in general care,"
2° In 2° of Article 4, after the words: "to the employment framework of the territorial nurses" are inserted the words: "to the employment framework of the territorial nurses in general care."
I. ― At the 1st of Article 6 of the decree of September 14, 1995 referred to above, after the words: "Medical-Technical Assistant Nurses Nurses" are inserted the words: "Territorial Nurses in General Care".
II. ― provisions of Article 6 of the decree of 14 September 1995 referred to above in its drafting of this decree may be amended by decree.
In the correspondence table in I, III and V ofAnnex to the above-mentioned Decree of 30 December 2005the lines:
| Normal grade nurse. | Normal-class territorial nurse. |
| Senior nurse. | Superior-class territorial nurse. |
| Normal grade nurse Decree No. 94-1020 of 23 November 1994 establishing the common statutory provisions applicable to the bodies of the nurses of the medical services of the state administrations. | Normal-class territorial nurse. |
| Senior nurse Decree No. 94-1020 of 23 November 1994 establishing the common statutory provisions applicable to the bodies of the nurses of the medical services of the state administrations | Superior-class territorial nurse. |
| Normal grade nurse Decree No. 2012-762 of 9 May 2012 bringing statutory provisions common to class nurses State administration. | Territorial Nurse in General Normal Care. |
| Senior nurse Decree No. 2012-762 of 9 May 2012 bringing statutory provisions common to class nurses State administration. | Territorial Nurse in Superior General Care. |
| Senior nurse Decree No. 2012-762 of 9 May 2012 bringing statutory provisions common to class nurses State administration. | Territorial Nurse in Senior General Care. |
This Order comes into force on the first day of the month following its publication.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of the Interior, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 18 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of the Interior,
Manuel Valls
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
