Key Benefits:
Publics concerned: health frameworks of the institutions mentioned in Article 2 of Act No. 86-33 of 9 July 1986.
Subject: creation of a new body of paramedical health frameworks.
Entry into force: the text comes into force on the day after its publication.
Notice: This decree introduces a new body of paramedical health executives of the public hospital service, which has two grades.
It defines the conditions for recruitment, appointment and classification in the body as well as the rules for direct advancement, detachment and integration.
Officials governed by the Decree of 31 December 2001 incorporate the new status of paramedical frameworks under the conditions of reclassification set out in Article 23. However, the health frameworks that have acquired the necessary effective service duration in order to assert early retirement rights have the opportunity to apply for their retention in the statute governed by the decree of 31 December 2001 within the framework of the individual right of option provided for in article 37 of the Act of 5 July 2010.
This express right of option is open for a period of six months following the publication of this Order.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le Defence codeincluding articles L. 4139-1 and L. 4139-2;
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. 86-33 of 9 January 1986 amended with statutory provisions for the hospital 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. 88-976 of 13 October 1988 amended with respect to certain positions of hospital officials, integration and certain terms of availability;
Vu le Decree No. 88-1077 of 30 November 1988 amended with the specific statutes of nursing staff in the hospital public service;
Vu le Decree No. 2001-1375 of 31 December 2001 amended with the specific status of the body of the hospital public service health frameworks;
Vu le Decree No. 2007-961 of 15 May 2007 establishing the common statutory provisions applicable to certain category A staff members 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;
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. 2011-746 of 27 June 2011 bearing the special statutes of the reeducation staff of category B of the hospital public service;
Vu le Decree No. 2011-748 of 27 June 2011 bearing the special statutes of the medical-technical personnel of category B of the hospital public service;
Considering the opinion of the Standards Advisory Board of 7 June 2012;
Having regard to the advice of the Higher Council of the Hospital Public Service of 26 June 2012;
The State Council (Section of Administration) heard,
Decrete:
The body of paramedical health executives of the hospital public service is classified as category A referred to in section 4 of the above-mentioned Act of 9 January 1986.
Paramedical health executives of the public hospital service perform their duties in the establishments referred to in section 2 of the Act.
According to their training, the body of paramedical health professionals in the hospital public service includes:
1° In the nurse sector:
- nurses of paramedical health;
― paramedic health executives operating block nurses;
- anaesthetic nurses paramedical health settings;
―peripheral health care executives;
2° In the rehabilitation sector:
· pedicures-podologists paramedical health settings;
― paramedic health professional massagers;
― occupational therapists of paramedical health;
- psychomotricians of paramedical health;
• Paramedical orthophonists;
• Paramedical orthoptists;
• Paramedical dietitians;
3° In the medical-technical sector:
― preparators in hospital pharmacy settings of paramedical health;
• Medical laboratory technicians paramedical health settings;
― medical electroradiology controllers paramedical health frameworks.
The body of paramedical health executives of the public hospital service includes:
1° The grade of paramedic health framework, which has eleven levels;
2° The rank of paramedical health executive, which has seven levels.
Staff members of the Paramedical Health Framework are:
1° Functions corresponding to their qualification and consisting of mentoring teams in the clinical and medico-technical activity centres of the institutions and their internal structures;
2° Joint missions to several internal structures of clinical activity poles or clusters of medico-technical activity or project manager within the institution;
3° Management functions that correspond to their qualification, in training institutes and schools in public health institutions that prepare for the various branches of nursing, rehabilitation and medico-technical professions. In this case, they take part as a trainer in theoretical and practical teaching and training of students. They shall participate, if any, to the jury constituted in the course of the functioning of the institutes or schools;
4° Where applicable, the position of Collaborator of Chief of Pole, as provided for in Article L. 6146-1 of the Public Health Codewhere these cannot be provided by a higher paramedic health framework.
Staff members of the higher level of paramedical health are:
1° Functions corresponding to their qualification and consisting of mentoring the staff of the clinical and medico-technical activity centres of the institutions;
2° Joint missions to several centres of clinical and medico-technical activity or project manager within the institution;
3° Management functions that correspond to their qualification, in training institutes and schools in public health institutions that prepare for the various branches of the nursing, rehabilitation and medico-technical professions or a health framework diploma when the health management training institutes are authorized for their original qualification. In this case, they take part as a trainer in the theoretical and practical teaching and training of students. They shall participate, if any, to the jury constituted in the course of the functioning of the institutes or schools;
4° Functions of Collaborative Chief of the Pole, planned for Article L. 6146-1 of the Public Health Code.
The recruitment of the members of the body referred to in Article 1 shall take place in the first rank of that body, under the conditions defined in Article 6.
I. ― Paramedical health officials of the hospital public service are recruited through internal competitions on open titles, in each institution, to hospital staff with a health framework diploma, subject to the bodies governed by the decrees of the 30 November 1988, 29 September 2010 and 27 June 2011 a total of five years of actual service performed in one or more of the above-mentioned bodies, as well as non-public hospital staff with one of the required diplomas, titles or authorizations to be recruited in one of the above-mentioned bodies and the health framework diploma, having completed at least five years of effective public services as medical or reeducation workers.
II. ― Recruitment of Paramedical Health Officers of the Hospital Public Service may also give rise to an external competition on open titles, in each institution, to candidates holding diplomas, titles or authorizations required to be recruited in the bodies governed by the decrees of the 30 November 1988, 29 September 2010 and 27 June 2011 the above-mentioned and the health framework diploma, having exercised, in the private or public sector, a professional activity of the same nature and equivalent to that of the above-mentioned bodies for at least five years full-time or five years of full-time equivalent.
III. ― When an internal competition and an external competition are opened for the same year, the number of places offered to the internal competition cannot be less than 90% of the total number of places offered to both competitions.
The places offered to each of these two contests that would not have been filled by the nomination of candidates for the corresponding contest may be awarded to the candidates for the other contest. This deferral may not result in fewer than two thirds of the total number of positions offered to the two competitions.
Applicants who hold the certificates quotedArticle 2 of Decree No. 95-926 of 18 August 1995 establishing a health framework diploma is exempted from the detention of the health framework diploma to compete in the title competitions provided for in I and II of this article.
The general rules of the competitions are set by joint decree of the ministers responsible for the public service and health.
Notices of opening of the contests provided for in section 6 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. ― Applicants received at one of the contests mentioned in 1° and 2° of Article 6 are appointed paramedical health managers trainees by the authority vested in the power of appointment and complete a one-year internship.
II. ― At the end of the internship, trainees whose services have given satisfaction are held.
Trainees who have not been held at the end of the course may be allowed to complete a complementary internship for 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.
The duration of the internship is taken into account for the progress of one year.
Paramedical health professionals recruited under section 6 shall, on the date of their appointment as a trainee, be assigned to the first step of the grade of a paramedic health framework, subject to the provisions set out in sections 10 to 14.
The incumbents recruited in the body of the paramedical health officers of the hospital public service are classified, on the date of their appointment as a trainee, at the level of the first rank that includes equal treatment or, if not, immediately higher than that held in their original body or employment framework.
Within the limit of the average seniority required in section 16 for a promotion at the upper level, they retain the seniority they had acquired in their original grade when the increase in treatment following their appointment is less than that which would have resulted from a level of advancement in their former situation.
Officials appointed while they have reached the last step of their original grade retain their seniority within the same limits when the salary increase following their appointment is less than that which would have resulted from a promotion at the latter level.
The provisions ofarticle 7 and II of thearticle 12 the above-mentioned decree of May 15, 2007 is applicable to paramedical health managers who, on the date of their appointment in the body, justify services performed as non-permanent public officer other than interns, or services performed as an agent of an intergovernmental international organization.
I. ― The paramedical health frameworks of the public hospital service which, at the date of their appointment, justify services or professional activities performed prior to the date of entry into force of this decree in functions corresponding to the rank of paramedical health framework, as a public health officer in a public care institution or in a public health or medical-social institution or as an employee in a private health facility or in a social institution
| Over 19 years | 10th step |
| Between 18 and 19 years | 9th step |
| Between 15 and 18 years | 8th step |
| Between 11 and 15 years | 7th step |
| Between 9 years and 6 months and 11 years | 6th step |
| Between 8 years and 9 years and 6 months | 5th step |
| Between 5 and 8 years | 4th step |
| Between 3 and 5 years | 3rd step |
| Between 2 and 3 years | 2nd step |
| 2 years | 1 step |
In the event that the paramedic health framework of the hospital public service, recruited under Article 6, is likely to benefit from the classification of several of the provisions of Articles 10 to 12 for its 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 those articles that are more favourable to it.
The paramedical health executives of the hospital public service that justify, prior to their appointment in the body 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 are classified, when they are appointed as a paramedic health framework, in accordance with the provisions of Title II of the decree of 22 March 2010 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 13, to the application of the provisions of Article 9 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 Code as 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.
The average length of time spent in each step of the ranks of the body governed by this decree is fixed as follows:
| Paramedical Higher Health Framework | |
| 7th step | |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 2 years |
| Paramedical health framework | |
| 11th step | |
| 10th step | 3 years |
| 9th step | 3 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
Can be promoted to the rank of paramedical health executive, under the conditions set out in section 69 of the above-mentioned Act of 9 January 1986, by open professional competition in each institution, paramedic health executives with at least three years of effective service in their grade.
Paramedical health executives appointed to the rank of a paramedical health executive pursuant to the provisions of section 17 are classified at the level with an index equal to or, if not, immediately higher than that held in their original grade.
Within the limit of the average seniority required in section 16 for a promotion at the upper level, they retain the seniority they had acquired in their original grade when the increase in treatment following their advancement is less than that which would have resulted from a level of progress in their former situation.
The paramedical health frameworks promoted as they have reached the last step of their original grade retain their seniority within the same limits when the increase in treatment following their advancement is less than that which would have resulted from a promotion at the latter level.
The opening notices of the contest provided for in section 17 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. ― Officials belonging to a class body or employment framework A or equivalent level may be placed in a detachment position or directly integrated into the body of the paramedical health executives of the hospital public service governed by this decree if they justify diplomas, titles or authorizations required for access to this body.
II. - Officials placed in a detachment position or directly incorporated in that body are subject, as the case may be, to the provisions of the above-mentioned titles II and II bis of the decree of 13 October 1988.
III. ― Staff members may, at any time, be integrated, upon their request, into the body governed by this decree.
IV. ― Services performed in the original body or employment framework are assimilated to services performed in the integration body.
Can also be detached into the body of the paramedical health executives of the public hospital service, if they justify the degree or title 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 the body of the health frameworks governed by the Decree of 31 December 2001 are incorporated into the body governed by this decree, except those of them mentioned in II who have chosen to maintain in the body governed by the Decree of 31 December 2001 mentioned above.
II. ― The right of option provided by provisions of section 37 of the Act of 5 July 2010 referred to above is open to members of the body of health frameworks governed by the Decree of 31 December 2001 may, at the opening date of this right of option, have an effective service life in a job classified in the active class, as provided for in Article 6 of the above-mentioned Decree of 30 December 2011.
This right of option is open for a period of six months from the date of publication of this Order. It is expressly exercised by each agent. The choice thus expressed by the agent is final.
III. ― The appointing authority shall notify each agent concerned of a proposal to integrate into the body of the paramedical health frameworks, specifying the classification that would result from such integration.
I. ― Staff integrated into the body of the paramedical health executives of the hospital public service pursuant to the provisions of section 22 shall be reclassified, at the date of entry into force of this Order, according to the following correspondence tables:
| 8th step | 10th step | Formerly acquired |
| 7th step from three years | 9th step | Formerly acquired beyond three years |
| 7th step before three years | 8th step | Formerly acquired |
| 6th step | 7th step | Three-quarters of acquired seniority |
| 5th step from one year to six months | 6th step | Twice the former acquired beyond a year and six months |
| 5th step before one year and six months | 5th step | Twice the former acquired |
| 4th step | 4th step | Two-thirds of the acquired seniority |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step from a year | 2nd step | Twice the seniority acquired beyond a year |
| 2nd step before one year | 1 step | Formerly acquired |
| 1 step | 1 step | Not old |
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Older acquired aged one year |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | Two thirds of the acquired seniority increased by six months |
| 1 step | 1 step | Formerly acquired |
I. ― Recruitment competitions and professional competitions open in the body governed by the Decree of 31 December 2001 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 internal and external access to the body competitions governed by the decree of December 31, 2001, whose appointment was not made in this body before the coming into force of this decree may be appointed as a trainee in the body of the paramedical health executives of the hospital public service governed by this decree, in accordance with the provisions of articles 9 to 14.
III. ― Winners of professional access competitions to the rank of upper body health executive governed by the Decree of 31 December 2001 other than those who have opted to maintain in this body pursuant to section 22 are classified in the rank of the paramedical superior health of the 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 promoted in the rank of superior health of that body and, finally, reclassified to that same date 23.
I. ― On the date of entry into force of this decree, officials detached from the body of the health frameworks governed by the decree of 31 December 2001 other than those who have opted to maintain in this body pursuant to article 22 are placed in a position of detachment in the body of the paramedic health frameworks governed by this decree, for the duration of their detachment remaining to run.
II. ― Public servants referred to in I are classified, from their position in their bodies and rank of detachment, in accordance with the correspondence table in section 23.
They keep the reductions and increases of seniority granted and not used for a level advancement in the ranks of the body of the health frameworks governed by the Decree of 31 December 2001.
III. ― Services performed by agents referred to in I in a detachment position in the body of health managers governed by the Decree of 31 December 2001 and in the ranks of this body are assimilated to services performed in the detachment position in the body of the paramedical health executives of the hospital public service governed by this decree as well as in the ranks of this body.
Internship health professionals other than those who have opted to maintain in the body governed by the Decree of 31 December 2001, pursuant to Article 22, continue their internship in the rank of the paramedical health framework of the body governed by this decree and are classified in this rank, on the date of entry into force of this decree, in accordance with the table in Article 23.
Competent Joint Administrative Committees for members of the body of health executives governed by the Decree of 31 December 2001 are competent for members of the body of paramedical health executives governed by this decree until their renewal.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 26 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
