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Order Of 28 December 2012 Concerning The Conditions For Inscription On The Planned Ability Lists In Articles D. 723 - 143 And D. 723 - 145 Of The Code Rural And Maritime Fishing And The Formation Of Practitioners-Advice Agencies Of Mutuality...

Original Language Title: Arrêté du 28 décembre 2012 relatif aux conditions d'inscription sur les listes d'aptitude prévues aux articles D. 723-143 et D. 723-145 du code rural et de la pêche maritime et à la formation des praticiens-conseils des organismes de mutualité...

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JORF n°0304 of 30 December 2012 page 21194
text No. 122



Order of December 28, 2012 relating to the conditions of registration on the aptitude lists provided for in sections D. 723-143 and D. 723-145 of the Rural and Maritime Fisheries Code and the training of consulting practitioners of the social agricultural community organizations

NOR: AGRS1237610A ELI: https://www.legifrance.gouv.fr/eli/arrete/2012/12/28/AGRS1237610A/jo/texte


Minister of Agriculture, Agri-Food and Forestry,
In view of the rural and maritime fisheries code, including articles D. 723-31 to D. 723-153;
Vu le Public Health Code ;
Seen the code social security;
Having regard to the amended decision of 14 December 1998 setting the conditions for listing on the fitness lists provided for in articles D. 723-143 and D. 723-145 of the rural code and the maritime fisheries relating to the medical control of agricultural social protection schemes;
In view of the decision of 14 December 1998 on the training and development of consulting practitioners of agricultural social mutuality organizations,
Stop it!

  • TITRE I : LES LISTES D'APTITUDE DES PRATICIENS-CONSEILS



    1. Medical Consultant Fitness List
    and consulting dentists

    Article 1 Learn more about this article...


    The positions of consulting physicians and consulting surgeons who are vacant or likely to be vacant are the subject of an offer of employment issued by the Central Fund for Agricultural Social Mutuality to all organizations of agricultural social mutuality and consulting practitioners referred to in sections D. 723-132 to D. 723-139 of the rural code and marine fisheries as well as to the candidates listed in the appropriate manner

    Article 2 Learn more about this article...


    Consulting physicians and dental surgeons consulting the medical control of agricultural social protection regimes are recruited after registration on a fitness list based on separate competitions.
    Two separate competitions are held, as appropriate, for the recruitment of consulting physicians and consulting dentists, on the dates agreed, at least two months before the opening of the tests, by the Minister responsible for Agriculture, on the proposal of the Central Board of Directors of the Agricultural Social Mutuality. The Order also sets the deadline for filing applications.
    Consulting physicians or dental surgeons referred to in the fifth paragraph of Article D. 723-143 of the Rural and Maritime Fisheries Code are listed on the national list of suitability for agricultural regime practitioners after examination of their application and favourable opinion of the jury whose composition is referred to in Article 6 of this Order. The jury takes into account the candidate's professional experience to render his opinion.
    Registration on the national fitness list of these practitioners is made, if necessary annually, by updating the list.

    Article 3 Learn more about this article...


    To apply to the contest, candidates must, on the date of publication of the order set out in section 2 that sets out the date on which the written examinations of eligibility take place, meet the conditions set out in the Articles L. 4111-1 to L. 4111-4 of the Public Health Code and hold:
    ― for the medical examination, one of the titles referred to inArticle L. 4131-1 of the Public Health Code or the individual authorization to exercise the medicine referred to in Article L. 4111-2 of the said Code;
    ― for the consulting surgeon-dentist contest, one of the titles referred to in theArticle L. 4141-3 of the Public Health Code or the individual authorization to exercise dental surgery referred to in section L. 4111-2 of that Code. Any candidate who has suffered three failures in the contest loses the right to compete.

    Article 4 Learn more about this article...


    Each contest includes:
    1° Two written examinations of eligibility: the first on one or more medical issues using the knowledge specific to the professional discipline of candidates (duration: three hours; coefficient 1); the second on the drafting of one or more summary notes from public health, social protection or the organization of the health system (duration: three hours; coefficient 1);
    2° An oral examination of admission: a jury interview with the candidate, from a subject relating to social protection or public health, allowing the candidate to value his/her knowledge, professional experience and motivations (maximum duration: 30 minutes; coefficient 2).
    Written tests are anonymous and are subject to a double correction.
    Each of the tests is scored on 20.
    In order to be eligible, the applicant must have obtained a total of the notes at least equal to 20. A grade less than 8 than one of the written examinations shall be considered as an elimination.
    Candidates who have obtained a total of the written and oral notes at least equal to 40. The final classification rank is determined by the total notes of the writing and the oral. The jury may propose a number of entries less than the limit of registrations set by the order relating to the opening of the contest.
    If so, after the trials, it is up to the jury to start the candidates who have obtained the same number of points, giving preference to the candidates who have obtained the best grade in the oral examination.

    Article 5 Learn more about this article...


    At the end of each competition, the list of candidates declared admitted in order of merit by the jury is decided by the minister responsible for agriculture.
    The National Fitness List retains its validity for a period of three years from the date of its publication in the Official Journal.

    Article 6 Learn more about this article...


    In each competition and for each category of consulting practitioners, the Minister for Agriculture designates a jury to choose the subjects, to judge the trials and to propose candidates to register on the national fitness list.
    This jury is presided over by the National Medical Council for Agricultural Social Mutuality and, in the event of an incapacity, by the Assistant National Counsel.
    It also includes:
    – an agricultural ministry official;
    - the Assistant National Medical Officer, or a National Technical Advisor;
    ― a practising practitioner of the category concerned in a farm social mutuality fund, designated on the proposal of the national council doctor;
    – the director of the Central Fund for Agricultural Social Mutuality, or its representative;
    - a director of the Central Board of Directors of the Central Fund for Agricultural Social Mutuality, appointed on the proposal of the Fund.
    The National Technical Advisory Physician who would be called to sit at the place of the National Assistant Physician is appointed on the proposal of the Central Board of Directors, after consultation with the National Counsel.

    Article 7 Learn more about this article...


    The material organization of the competitions and the secretariat are provided by the Ministry of Agriculture; the Central Fund for Agricultural Social Mutuality participates in this organization. The costs of this organization and the compensation awarded to the members of the jury are borne by the Central Fund for Agricultural Social Mutuality.

    Article 8 Learn more about this article...


    Practitioners who have been placed on a fitness list ― section Medicine ― and have been regularly appointed to the function for the duration of validity of this list before exercising as a working physician in an agricultural social mutuality organization or in a specialized association created pursuant to Article L. 717-3 of the Rural Code and are deemed to be able to perform the functions of a medical consultant for the medical control of agricultural welfare schemes.
    Also considered to be capable of performing the functions of a medical control practitioner of agricultural social protection schemes, for a period equivalent to the duration of the function and within two years, practitioners who, after having been regularly appointed as a consulting practitioner in an organization of agricultural social mutuality, cease their activity after their last fixed-term employment contract.
    Are also deemed to be capable of performing the duties of a consulting practitioner as a result of their re-registration on the fitness lists of practitioners who have left the institution for a period of up to five years and who wish to be a candidate for the position of a consulting physician or a surgeon-songwriter of the agricultural regime; this re-registration is open, under the same conditions of time, to retired practitioners of the Agricultural Social Mutuality wishing to carry out consulting missions under the conditions of theArticle L. 161-22 of the Social Security Code the cumulative employment-retirement.
    Re-registration, valid for two years, is granted, upon written and motivated request of the practitioner concerned, by the Minister responsible for agriculture after the advice of the national physician.



    2. List of Ability of Medical Consultants Chief of Service

    Article 9 Learn more about this article...


    The Chief Medical Officer of the Medical Supervisory Service is appointed by the Board of Directors of the concerned Agricultural Social Mutual Fund, following the advice of the National Medical Consultant referred to in section D. 723-137 of the Rural and Maritime Fisheries Code.
    It is mandatoryly selected from physicians on the national fitness list established annually by the Minister for Agriculture.
    The records of candidates for registration on the fitness list are submitted by the Minister responsible for agriculture to the above-mentioned national physician and to the Director of Health of the Central Fund for Agricultural Social Mutuality, who inform him of their reasons.
    The suitability list is determined by the Minister responsible for agriculture after consultation with insurance groups referred to in section L. 731-31 of the Rural and Maritime Fisheries Code.

    Article 10 Learn more about this article...


    The fitness list referred to in Article 9 above ceases to be valid when the list for the following year has been published in the Official Journal of the French Republic.

    Article 11 Learn more about this article...


    Can apply for their registration on the suitability list of Chief Medical Officers of Service:
    1° Medical supervision doctors of agricultural social protection schemes meeting the following conditions:
    ―having served for at least three years in an agricultural social mutuality organization;
    ― Participating in the development course provided for in Article D. 723-148 of the Rural and Maritime Fisheries Code;
    ― having written, under the authority of the National Counsel, a brief presenting a personal research work related to their professional exercise;
    2° Consulting physicians who have left the Agricultural Social Mutuality for a period of up to five years, after exercising the functions of the Chief Medical Officer for the Medical Control of Agricultural Social Protection Plans, subject to the requirements of 1st of this article;
    3° Physicians who have practised, or who have ceased to exercise, the duties of a Chief Medical Officer for less than five years within a medical control service of another social security regime and justifying, at the time of filing their application for registration, at least three consecutive years of activity in the said functions;
    4° Physicians exercising – or having ceased to exercise – the functions of a regional doctor for less than five years within another social protection regime and justifying, at the time of filing the application for registration, at least three consecutive years of activity in the said functions;
    5° Physicians fit for the position of chief physician referred to in Article 13 of this Order and having left the Agricultural Social Mutuality for less than five years;
    6° National technical advisers who did not meet, prior to their appointment, the conditions set out in 1° of this article or in article 12 below;
    7° Physicians who, no longer having the quality of medical advice chief of the medical control of agricultural social protection schemes, continue to carry out their activities within an agricultural social mutuality organization or with a specialized association created pursuant to Article L. 717-3 of the rural code and the marine fisheries.
    Physicians mentioned in 2°, 3°, 4° and 5° of this article are registered on the National List of Ability to the functions of Medical Consultant Head of Medical Control of Agricultural Social Protection Regimes after examination of their application and favourable opinion of the jury whose composition is mentioned in article 6 of this Order. The jury takes into account the candidate's professional experience, including his managerial skills.
    For the performance of assailant functions in the Social Insurance Section of the National Council for the Order of Dental Surgeons organized by theArticle R. 145-7 of the Social Security Code, the consulting surgeon-dentist, a national technical adviser at the national medical control level takes the title of surgeon-dentist-advice chief of service.
    It is, as such, listed as an annex to the Medical Consultants Service Aptitude List.
    National technical practitioners who do not have the title of a doctor in medicine are also listed as an appendix. It mentions the medical specialty of which they belong.
    The practitioners listed in the appendix to the fitness list may not perform the effective functions of a medical officer in charge of a medical inspection service.

    Article 12 Learn more about this article...


    Can also apply for registration on the Medical Consultants Chief of Service list for physicians who meet the following conditions:
    ― having served for at least three years as a medical consultant for the medical control of agricultural social protection schemes;
    ― having participated in the training course provided for in Article 11 above;
    ― having written the paper referred to in the same article, relating to the activity of a medical consultant;
    ― occupy, at the time of filing of the application for registration, functions as a working physician with an agricultural social mutuality fund or a specialized association created pursuant to article L. 717-3 of the rural code and the marine fisheries.

    Article 13 Learn more about this article...


    Can continue to be listed on the fitness list for chief physicians of service, the physicians already registered the previous year and who continue to meet the requirements for inclusion.
    In the context of professional mobility, physician-in-charge chief of service in a medical check-up service of agricultural social mutuality and appointed to these functions as a result of their registration may be candidates on a position of medical consultancy chief of the medical check-up of agricultural social protection schemes without condition of pre-registration on a list of fitness for the function of chief of service.

    Article 14 Learn more about this article...


    The Chair of the relevant Board of Directors shall forward to the Ministry of Agriculture, with his advice and before October 1, the applications he has received.
    This notice will be attached:
    - the advice of the doctor-advisor chief of the medical control of agricultural social protection schemes;
    - the opinion of the occupational doctor head of the work medicine service and, possibly, the opinion of the president of the association created pursuant to article L. 717-3 of the rural code and the marine fishery if the candidate performs the duties of the work doctor on the date of filing of the application.
    In all cases are attached the notice of the director of the caisse and the advice of the doctor coordinator.
    In support of each of these applications, the supporting documentation will also be attached to the applicant's situation in relation to the conditions of access to the duties of Chief Medical Officer as set out in sections 11, 12 and 13 above.
    The files are submitted by the Minister for Agriculture to the National Counsel before November 20, which, after interview with each candidate and in the light of their submission, provides the Minister with the reasons for his or her opinion on each application by December 20. In this notice, he attached the warranting certificate of the candidate's participation in the internship provided for in Article 11 above when the candidate was in the course of filing the application.

    Article 15 Learn more about this article...


    Each year, the National Medical Officer provides to the Minister responsible for agriculture, by December 31, the list of Chief Medical Officers who are no longer required to appear on the annual fitness list, indicating that:
    ― physicians appointed to work for registration without prejudice to the provisions of the second paragraph of Article 13 of this Order;
    ― physicians with the age limit, deceased or ceased to perform their duties for other reasons.

  • PART II: THE FORMATION AND PERFECTIVE OF CHILDREN Article 16 Learn more about this article...


    Initial professional training of consulting practitioners.
    The initial professional training of consulting practitioners includes a theoretical internship and practical training. She is accompanied by a tutoring to support the intern practitioner's appointment.
    It is open, as necessary, in whole or in part, to the chief physicians and regional coordinator doctors recently in office within the institution.
    (a) The theoretical internship.
    The responsibility and organization of the theoretical internship, which has a minimum duration of four weeks, are entrusted to the national level of medical control of the Central Fund for Agricultural Social Mutuality.
    In particular, this theoretical course will allow intern consulting practitioners to better understand their role and the procedure for exercising medical control. It shall be supplemented by a second part, exempted as part of the development provided for in Article 17 of this Order.
    It consists of two training modules:
    the first provides all the basic knowledge necessary for consulting practitioners, particularly in the area of social insurance regulation and risk management, as well as in the organization of the health system;
    – the second, complementary, aims to acquire new specific skills. The module focuses on one of the following areas: risk management, individual medical-social expertise, prevention, public health or care. The choice of the module by the practitioner also takes into account the local needs, determined by the caisse and in accordance with the national guidelines issued on the basis of Article D. 723-136 of the Rural and Maritime Fisheries Code.
    (b) The practical internship.
    The theoretical training of consulting practitioners is complemented by five days of practical training in a caisse located in a different region than in which the practitioners concerned have practiced and whose choice is validated by the national consulting physician.

    Article 17 Learn more about this article...


    Development courses.
    Consulting practitioners of agricultural social protection schemes are called annually to ongoing medical training sessions, in accordance with the continuing professional development requirement referred to in Article D. 723-139 of the Rural and Maritime Fisheries Code.
    This training is organized under the responsibility of the national consulting physician and consists of two two-day sessions provided by the university or by accredited medical training associations. In particular, education focuses on current medical and biological issues and on therapeutic issues particularly in areas that have been the subject of recent developments.
    In addition, all facilities are provided to agricultural regime practitioners to attend, at the local, regional or national level, post-university teaching sessions organized in regional hospital centres or by medical societies or associations or professional organizations.
    Consulting practitioners also benefit from all facilities, within the limits compatible with the proper functioning of services, to improve their professional knowledge, including through their assistance in hospital services activities.

    Article 18 Learn more about this article...


    At the interval of three to five years, a practising practitioner in an agricultural social mutuality organization must undergo a continuing vocational training course for the development and updating of knowledge, including the program and duration, established by the National Consulting physician, to enable him to:
    better control of the medical and economic aspects of social protection and their application to the agricultural world;
    ―to deepen the knowledge of the methods, tools and behaviours most appropriate to his mission and the various professional situations he encounters.

    Article 19 Learn more about this article...


    Specialization course.
    As necessary, a specialization course, intended to strengthen the skills initially provided by the complementary module provided for in Article 16 of this Order, has been open to practitioners in the institution for at least three years. This course allows the practitioner to be a privileged correspondent of the caisse on this field of activity. It opens the practitioner with the opportunity to be in charge of a mission in connection with the area of specialization in the direction of the network.

    Rule 20 Learn more about this article...


    Managerial techniques.
    In the year following their appointment, medical consultants, chiefs of service and regional coordinator doctors are required to undergo a special training organized by the national medical control level of the Central Fund for Agricultural Social Mutuality. The purpose of this training is to develop the managerial skills required for the functions of a Chief Medical Officer and regional coordinator physician.

    Article 21 Learn more about this article...


    The Order of 14 December 1998 setting out the conditions for registration on the lists of fitness set out in sections D. 723-143 and D. 723-145 of the Rural and Maritime Fisheries Code relating to the service of medical control of agricultural social protection schemes and the Order of 14 December 1998 on the training and development of consulting practitioners of agricultural social mutuality organizations are repealed as of the publication of this Order in the French Journal.

    Article 22 Learn more about this article...


    The Director of Financial, Social and Logistics Affairs at the Ministry of Agriculture, Agri-Food and Forestry is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 28 December 2012.


For the Minister and by delegation:

The Director of Financial Affairs,

and logistics,

C. Ligeard


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