Key Benefits:
Public officials involved: civil paramedical technicians from the Ministry of Defence.
Subject: reform of the civilian paramedical technicians of the Ministry of Defence.
Entry into force: the decree comes into force on November 1, 2013.
Notice: the decree sets out the new statutory provisions applicable to civil paramedical technicians of the Ministry of Defence. It transposes to this body the new statutory space (NES) of category B. This body consists of two grades and consists of ten specialties (pedicure-podologist, masseur-kinesitherapist...).
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence,
Vu le Public Health Code ;
Vu le Defence codeincluding articles L. 4139-1, L. 4139-2 and L. 4139-3;
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 le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
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. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations;
Vu le Decree No. 2009-1388 of 11 November 2009 bringing statutory provisions common to various bodies of officials of category B 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. 2010-888 of 28 July 2010 amended on the general conditions of appreciation of the professional value of government officials;
Considering the advice of the Departmental Defence Technical Committee of 10 April 2012;
Having regard to the opinion of the Conseil supérieur de la service publique de l'Etat (commission statutaire) dated 19 April 2013;
The State Council (Section of Administration) heard,
Decrete:
The body of the civil paramedical technicians of the Ministry of Defence classified in category B under section 29 of the above-mentioned Act of 11 January 1984 is governed by the provisions of this Order.
This body consists of the civilian staff of the Ministry of Defence with the titles or diplomas required to be able to exercise in one of the following specialties:
1° Pédicure-podologue ;
2° Masseur-kinésitherapist;
3° Ergotherapist;
4° Psychomotrician;
5° Orthophonist;
6° Orthoptist;
7° Diététician;
8° Preparing for hospital pharmacy;
9° Laboratory technician;
10° Manipulator in medical electroradiology.
Civil paramedical technicians of the Ministry of Defence perform their duties in the Ministry of Defence and in public administrative institutions under its supervision.
The civilian paramedical technicians of the Ministry of Defence have two grades:
1° The normal class with nine ladders;
2° The highest grade, which has seven ladders.
I. ― Pedicures-podologists carry out the activities of their profession in accordance with provisions of Article L. 4322-1 of the Public Health Code and perform the professional acts referred to in articles R. 4322-1 and D. 4322-1-1 of the same code.
II. ― Kinesitherapists perform the activities of their profession in accordance with provisions of Article L. 4321-1 of the Public Health Code and perform the professional acts referred to in R. 4321-1 to R. 4321-13 of the same code.
III. ― Occupational therapists perform the activities of their profession in accordance with provisions of Article L. 4331-1 of the Public Health Code and perform the professional acts referred to in Article R. 4331-1 of the same code.
IV. ― Psychomotricians perform the activities of their profession in accordance with provisions of Article L. 4332-1 of the Public Health Code and perform the professional acts mentioned in article R. 4332-1 of the same code.
V. ∙ Orthophonists exercise the activities of their profession in accordance with provisions of Article L. 4341-1 of the Public Health Code and perform the professional acts referred to in R. 4341-1 to R. 4341-4 of the same code.
VI. ∙ Orthoptists carry out the activities of their profession in accordance with provisions of Article L. 4342-1 of the Public Health Code and perform the professional acts referred to in articles R. 4342-1 to R. 4342-8 of the same code.
VII. ― Dietitians perform the activities of their profession in accordance with provisions of Article L. 4371-1 of the Public Health Code.
VIII. ― Hospital pharmacy preparers perform the activities of their profession in accordance with provisions of Article L. 4241-13 of the Public Health Code.
IX. ∙ Medical laboratory technicians perform the activities of their profession in accordance with provisions of Article L. 4352-1 of the Public Health Code.
X. ― Medical electroradiology manipulators exercise the activities of their profession in accordance with provisions of Article L. 4351-1 of the Public Health Code and perform the professional acts referred to in R. 4351-1 to R. 4351-6 of the same code.
I. ― Civilian paramedical technicians of the Ministry of Defence are recruited through title competitions.
II. ― To be allowed to compete for access to the rank of normal civil paramedical technician, the candidate must, according to the relevant specialty, be a holder:
1° For pedicures-podologists, the training title mentioned in theArticle L. 4322-3 of the Public Health Codean authorization to practise the profession of pedicure-podologist issued under article L. 4322-4 of the same code;
2° For massagers-kinesitherapists, the training title mentioned in theArticle L. 4321-3 of the Public Health Codean authorization to practise the profession of masseur-kinesitherapist issued under section L. 4321-4 of the same code;
3° For occupational therapists, the training title mentioned in theArticle L. 4331-3 of the Public Health Codean authorization to practise the profession of occupational therapist issued under articles L. 4331-4 or L. 4331-5 of the same code;
4° For psychomotricians, the training title mentioned in theArticle L. 4332-3 of the Public Health Codean authorization to practise the profession of psychomotrician issued under articles L. 4332-4 or L. 4332-5 of the same code;
5° For orthophonists, the training title mentioned in theArticle L. 4341-3 of the Public Health Codean authorization to practise the profession of orthophonist issued under article L. 4341-4 of the same code;
6° For orthoptists, either of the training title mentioned in theArticle L. 4342-3 of the Public Health Codean authorization to practise the profession of orthoptist issued under Article L. 4342-4 of the same code;
7° For dietitians, either the training title mentioned in theArticle L. 4371-3 of the Public Health Codean authorization to practise the profession of a dietitian issued under Article L. 4371-4 of the same code;
8° For hospital pharmacy preparers, the training title mentioned in theArticle L. 4241-13 of the Public Health Codean authorization to practise the profession of preparator in hospital pharmacy issued under Article L. 4241-14 of the same code;
9° For medical laboratory technicians, the training title mentioned to the articles L. 4352-2 and L. 4352-3 of the Public Health Codean authorization to practise the profession of medical laboratory technician issued under Article L. 4352-6 of the same code;
10° For medical electroradiology manipulators, either the training title mentioned to the articles L. 4351-3 or L. 4351-5 of the Public Health Codean authorization to practise the profession of preparator in hospital pharmacy issued under section L. 4351-4 of the same code.
I. ― The general rules of the competitions and the nature of the trials shall be determined by joint order of the Minister of Defence and the Minister for Public Service. These competitions include an admission test consisting of an interview with the jury. An eligibility test may be provided for by the above-mentioned order with the general organization of the competition.
II. ― Contests are open by order of the Minister of Defence who designates the jobs to be filled and the distribution between specialties.
The Minister of Defence decides the procedure for organizing the contest and appoints the members of the jury.
Candidates recruited under the conditions set out in section 5 are appointed civilian paramedical trainees for a period of one year by order of the Minister of Defence.
Applicants who previously had the status of a staff member are placed in a detachment position during the course.
Trainees who are not registered at the end of the internship may be allowed, after the advice of the parity administrative board, to complete a complementary internship of 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 bodies, employment framework or employment.
The duration of the internship is taken into account for the advancement within one year.
Subject to the application of the provisions set out in Articles 9 to 16 of this Decree, candidates recruited under Article 5 of this Decree shall be classified, upon appointment, at the first step of the rank of normal-class civil paramedical technician.
This classification is made on the basis of the average duration required for each increment set out in section 17.
I. ― The civilian paramedical technicians of the Ministry of Defence are entitled to a one-year improvement in the body.
II. ― Civilian paramedical technicians of the Ministry of Defence ranked at the 2nd step of the normal class receive a six-month seniority bonus within the limit of the remaining average length of service required for a higher level advancement.
III. ― Civil paramedical technician may not benefit from the bonus of seniority provided for in I and II when, prior to entering the body governed by this decree, he has already benefited from a bonus of seniority of the same nature provided for by another civil servant status unless the new bonus is greater than the previous one and the difference between the duration of the new bonus and that of the bonus of seniority previously obtained.
I. ― Agents who, on the date of their appointment in the body of civil paramedical technicians of the Ministry of Defence, justify services or professional activities performed, depending on the case as an employee, member or non-permanent public officer or as an employee, volunteer, in functions commensurate with the speciality in which they are appointed, provided they also justify the detention of the required grades of training, diplomas or authorizations
II. ∙ The services or professional activities referred to in the first paragraph shall be performed in the following establishments:
1° Health establishment;
2° Social or medico-social establishment;
3° Laboratory of Medical Biology Analysis;
4th Office of Radiology;
5° Pharmaceutical.
The request for resumption of professional services or activities must be submitted with all supporting documents within six months of the appointment.
I. ― Staff members who hold a grade in the 6 scale of pay for a body or C or the same level of employment are classified in the grade of normal class civil paramedical technician in accordance with the following correspondence table:
| 8th step | 7th step | Formerly acquired within two years |
| 7th step | 7th step | Not old |
| 6th step | 6th step | 1/2 of the acquired seniority, increased by two years |
| Step 5: | | |
| – after a year six months before a year six months | 6th step 5th step | 4/3 of the old age acquired beyond a year six months 4/3 of the acquired seniority, increased by two years |
| 4th step | 5th step | 2/3 of acquired seniority |
| 3rd step | 4th step | 2/3 of the acquired seniority, increased by one year |
| 2nd step: | | |
| ― after a year - before a year | 4th step 3rd step | Older acquired beyond a year Older acquired aged two years |
| 1 step | 3rd step | Formerly acquired |
| Step 11: | | |
| – after four years – before four years | 7th step 6th step | Not old 1/2 of the acquired seniority, increased by two years |
| 10th step | 6th step | 1/2 of acquired seniority |
| 9th step | 5th step | 1/2 of the acquired seniority, increased by two years |
| 8th step | 5th step | 1/2 of acquired seniority |
| 7th step | 4th step | 1/2 of the acquired seniority, increased by one year |
| 6th step | 4th step | 1/3 of acquired seniority |
| 5th step | 3rd step | 2/3 of the acquired seniority, increased by one year |
| 4th step | 3rd step | 1/3 of acquired seniority |
| 3rd step | 2nd step | 1/2 of the acquired seniority, increased by one year |
| 2nd step: | | |
| ― after a year - before a year | 2nd step 1 step | Older acquired beyond a year 1/2 of the acquired seniority, increased by six months |
| 1 step | 1 step | 1/2 of acquired seniority |
I. ― Persons who justify, prior to their appointment to the civilian paramedical technicians of the Ministry of Defence, services performed as a non-permanent public officer, former official or agent of an intergovernmental international organization are classified, at the time of their appointment, in the grade of normal-class paramedical technician at a specified level, taking into account the services performed at a level of at least equivalent to that of the quarter B at a specified level
II. ― Agents who, prior to their appointment to the civilian paramedical technicians of the Ministry of Defence, had the status of non-public law officer, classified under I, benefit from provisions of Article 23 of the Decree of 11 November 2009 referred to above.
When they cannot be taken into account, in titularization, in application of provisions of articles L. 4139-1, L. 4139-2, L. 4139-3, R. 4138-39, R. 4139-5, R. 4139-7, R. 4139-9, R. 4139-20 and R. 4139-20-1 of the Defence Code, services performed as non-commissioned member shall be taken into account in the appointment of three-quarters of their duration if they have been made as an officer or non-commissioned officer, and otherwise, for half of their duration.
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 pursuant to articles L. 120-33 or L. 122-16 of the same code shall be taken into account in their entirety.
In the event that the grievor referred to in Article 8 is likely to benefit from the classification of provisions 10 to 13 of this Order, he shall be enforceable the provisions corresponding to his 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 article that are more favourable to it.
Persons who justify, prior to their appointment to the civil paramedical technicians of the Ministry of Defence, 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 within the meaning of thearticle 4 of the decree of 22 March 2010 referred to above shall be categorized, upon appointment, in accordance with the provisions of title II of the same decree.
In addition, where they justify 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 15 of this Decree, to benefit from the provisions of one of Articles 10 to 13 preferably those of the decree of 22 March 2010.
The average length of time spent in each of the ranks of the civilian paramedical technicians of the Ministry of Defence is fixed as follows:
| Senior Civil Paramedical Technician | |
| 7th step | |
| 6th step | 4 years |
| 5th step | 4 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 3 years |
| 1 step | 2 years |
| Normal Class Civil Paramedical Technician | |
| 9th step | |
| 8th step | 4 years |
| 7th step | 4 years |
| 6th step | 4 years |
| 5th step | 4 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 1 year |
I. ― Can be promoted to the rank of senior civil paramedical technician, following the advice of the parity administrative commission, normal civil paramedical technicians who have reached the 5th step of this rank and have at least ten years of actual service in a body, job frame or job of category B or the same level.
Interested persons are classified in their new grade in accordance with the following correspondence table:
| 9th step | 5th step | Formerly acquired |
| 8th step | 4th step | Formerly acquired |
| 7th step | 3rd step | 3/4 of acquired seniority |
| 6th step | 2nd step | 3/4 of acquired seniority |
| Step 5: | | |
| ― from a year less than a year | 1 step 1 step | 2/3 of the old age acquired beyond a year Not old |
Civil officials belonging to a body or employment framework classified in category B or equivalent level may be detached or directly integrated into the body of civilian paramedical technicians of the Ministry of Defence governed by this decree if they justify one of the diplomas or titles required for access to that body.
Direct detachment or integration shall be pronounced at grade equivalence and at the level with an index equal to or, if not, immediately higher than that held by the individual in his original grade. Within the limit of the average seniority required in section 17 for a promotion at the higher level, the officers retain the seniority they had acquired at the level of their former rank when the increase in salary following their appointment is less than that that that would have been given to them in the former grade or that resulted in their previous grade, if that was the higher level.
Officials placed in a detachment position in the body of the civilian paramedical technicians of the Ministry of Defence assist in the advancement of rank and level with all officials of this body.
They may, at any time, ask to be integrated into the body in which they are detached.
Beyond a five-year period of detachment, they are offered integration into the body of civilian paramedical technicians of the Ministry of Defence.
Integration is pronounced, under the conditions set out in the second paragraph of Article 19, taking into account the situation in the detachment body, or, if it is more favourable, in the body or frame of employment of origin.
Services performed in the body or framework of original employments are considered to be services performed in the integration body.
Can also be detached into the body of the civilian paramedical technicians of the Ministry of Defence, if they justify one of the diplomas or titles required for access to one of the professions, the soldiers mentioned to 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. ― On the date of entry into force of this decree, the civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 bearing the specific status of the civilian paramedical technicians of the Ministry of Defence are integrated and reclassified into the body of the civilian paramedical technicians of the Ministry of Defence governed by this decree, in accordance with the following correspondence table:
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | 3/2 of acquired seniority |
| 1 step | 1 step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th 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 |
I. ― On the date of entry into force of this decree, civil servants detached from the civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 shall be placed, for the duration of their remaining detachment, in a detachment position in the body of the civilian paramedical technicians of the Ministry of Defence governed by this decree and classified in accordance with the correspondence table in section 23.
II. ― They retain the reductions and increases of seniority granted and not used for a level advancement.
III. ― The services performed by the concerned in the detachment position in the body of the civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 are assimilated to services performed in the detachment position in the body of civilian paramedical technicians of the Ministry of Defence governed by this decree.
On the date of entry into force of this decree, the military personnel seconded under the Articles L. 4139-1, L. 4139-2 and L. 4139-3 of the Defence Code Civil paramedical technicians of the Ministry of Defence Decree No. 99-314 of 22 April 1999 continue their detachment in the body of the civilian paramedical technicians of the Ministry of Defence and are classified in accordance with the correspondence table in section 23 of this decree.
On the date of entry into force of this decree, the interns in the body of the civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 continue their training in the civil paramedical technicians of the Ministry of Defence governed by this decree.
I. ― Recruitment examinations opened in the body of civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999, whose opening order was issued prior to the date of entry into force of this Order, remain governed by the provisions applicable to the date of publication of this Order.
II. ― The winners of the contests referred to in I, whose appointment was not made in the body of the civilian paramedical technicians of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 before the date of entry into force of this decree, may be appointed, as trainees, in the body of civilian paramedical technicians of the Ministry of Defence governed by this decree, in the rank of civil paramedical technician of normal class.
III. ― Complementary lists established by the jury of the contests referred to in I may be used to fill vacancies in the body of civilian paramedical technicians of the Ministry of Defence governed by this decree.
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 normal-class civil paramedical technician of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 shall be held in office and shall be held in the rank of normal civil paramedical technician of the Ministry of Defence governed by this decree.
I. ― The progress table for 2013 for access to the rank of senior civil paramedical technician of the Ministry of Defence governed by the Decree No. 99-314 of 22 April 1999 remains valid until December 31, 2013.
II. ― Agents promulgated pursuant to I after the date of entry into force of this decree shall be classified in the rank of advancement of the body governed by this decree taking into account the situation which 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 ranks of advancement of that body in accordance with the provisions of the Decree No. 99-314 of 22 April 1999 bearing the particular status of the civil paramedical technicians of the Ministry of Defence in its drafting prior to this decree and reclassified to that same date in their integration bodies.
The Joint Administrative Committee of the Civil Paramedical Technicians of the Ministry of Defence Decree No. 99-314 of 22 April 1999 bearing special status of the civilian paramedical technicians of the Ministry of Defence shall remain competent until the expiry of the term of its members provided for in the first paragraph of Article 7 of the Decree of 28 May 1982 referred to above.
Decree No. 99-314 of 22 April 1999 on the special status of the civilian paramedical technicians of the Ministry of Defence is repealed.
This Order will come into force on the first day of the month following its publication.
The Minister of Economy and Finance, the Minister of Defence, 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 30 October 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Defence,
Jean-Yves Le Drian
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
Bernard Cazeneuve
