Decree No. 2014-7 7 January 2014 Amending Decree No. 2002-550 19 April 2002 On The Special Status Of The Body Of The Care Of The Public Hospital Service Manager

Original Language Title: Décret n° 2014-7 du 7 janvier 2014 modifiant le décret n° 2002-550 du 19 avril 2002 portant statut particulier du corps de directeur des soins de la fonction publique hospitalière

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Keywords Social Affairs, health, function public hospital, hospital staff staff management, employee hospital, Director of care, status individual, recruitment, competition, training, TENURE, treatment, REMUNERATION, index, staging INDICIAIRE, progress, seniority required, improvement of career JORF n ° 0007 9 January 2014 text no. 11 Decree No. 2014-7 7 January 2014 amending Decree No. 2002-550 of 19 April 2002 on the status particular to the Director of the public hospital service NOR care body : AFSH1329323D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/1/7/AFSH1329323D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/1/7/2014-7/jo/texte interested Publics: officers of the Director of the public hospital service care.
Subject: changes in the status of managers in the public hospital service care.
Entry into force: the text comes into force the day following its publication.
Notice: this Decree amends Decree No. 2002-550 19 April 2002 to take into account the new provisions resulting from scale reclamation bringing particular terminal level of the body to the gross index 1015.
Body is established in two ranks (a normal class and non-class), but with a last step in the grade of advancement now available to all agents in the body of this grade without conditions of functions.
This Decree also takes into account the provisions of article 130 of the access to licensed Employment Act of March 12, 2012 and to the improvement of the conditions of employment of contract in the public service, to the fight against discrimination and on various provisions relating to public service, as regards the application of the investment research assignment for the officers of the Director of care.
References: the text amended by this decree can be accessed from this change, the site of Légifrance (http://www.legifrance.gouv.fr) version.
The Prime Minister, on the report of the Minister of Social Affairs and health, given the social action and family code;
Having regard to the code of public health;
Seen the labour code;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 86-33 of January 9, 1986 on the statutory provisions on the public hospital service;
Having regard to Decree No. 2002-550 19 April 2002 amended on the special status of the body of the care of the public hospital service manager;
Having regard to Decree No. 2012 - 1466 26 December 2012 on the special status of the body of the paramedical health frameworks of the public hospital service;
Having regard to the opinion of the High Council of the function public hospital dated July 16, 2013;
Having regard to the opinion of the Committee of local finance (consultative commission of evaluation standards) dated November 7, 2013;
The Council of State (administration section) heard, enacts as follows: Chapter I: General provisions Article 1 read more on this article...

Article 1 of the Decree of 19 April 2002 referred to above is replaced by the following provisions: «art.» 1.-the body of the care manager is classified in category A of the public hospital. It comprises two grades: "1 ° the rank of Director of care of normal class that has eight levels;
«2 ° the rank of Director of care senior which has eight levels.»


Article 2 more on this article...

After article 1 of the order, it is restored a section 2 which reads as follows: «art.» 2 - members of the body exercise their functions in the institutions referred to in 1 ° to 3 °, 5 ° and 7 ° of article 2 of the Act of 9 January 1986 referred to above and in the other institutions mentioned in the same article where they are the subject of a common direction with an institution referred to in its 1 ° to 3.5 ° or 7 °.
"Care managers provide direction guards in their establishment of assignment as well as, where appropriate, in other institutions mentioned in article 2 of the aforementioned law of January 9, 1986. An agreement between these institutions, lays down the procedures of implementation of these direction inter-institutional guards. ' Article 3 more on this article...

Article 3 of the order is amended as follows: 1 ° the I is supplemented by a 4 ° and a 5 ° as follows: "(4) a functional direction;
«5 ° missions or studies or the coordination of studies in the health, social and medico-social field.»;
2 ° the II is replaced by the following: "(II). ― Care managers can, by way of posting or making available, functions to advise or advise technique teaching at the regional or national level or be entrusted with missions, studies or coordinations of studies in the field of health, social and medico-social. The decision is made by order of the Director-general of the national Centre for management after consultation, where appropriate, of the institutional head.
"When a mission entrusted by the Director-general of the national Centre for management to the Director of care exceeds a period of six months, the national joint administrative Committee must be informed before the expiry of that period, the nature and the modalities of the mission."


Article 4 more on this article...

IV of section 4 of the order is deleted.


Article 5 read more on this article...

Article 5 of the order is amended as follows: 1 ° the first paragraph is replaced by a paragraph worded as follows: "the Director of care, Director of Institute of training or general coordinator of training institutes, is approved in accordance with the modalities laid down in articles r. 4383-4 and r. 4383-5 of the code of public health and shall exercise the responsibilities and tasks defined by the regulations on the operation of allied health training institutes. "Under the authority of the institutional head, it is responsible for: ';
2 ° in the third paragraph, the words: "he proposes and coordinates the training policy in connection with the regional health agency and universities" are replaced by the words: "it helps, in connection with the regional health agency and universities, training the region;-defined policy".


Article 6 read more on this article...

In the last paragraphs of articles 7 and 8 of the same Decree, the words: ' 1st class' shall be replaced by the words: 'hors classe '.


Article 7 read more on this article...

Article 9 of the same Decree is amended as follows: 1 ° to the first paragraph, the words: '2nd class' are replaced by the words: "normal class."
2 ° to the first subparagraph of 2 °, the words: ' executives and health cash health frameworks, on 1 January of the year of the contest, at least a five-year employed in that grade and "are replaced by the words:"to the members of the corps of executives of health governed by the Decree of 31 December 2001 referred to above or of the body of executives of allied health governed by Decree No. 2012 - 1466 from 26 December 2012 on the particular status of the body of allied health service health public hospital with frameworks, on 1 January of the year of the contest, at least a five-year employed in one or other of these bodies as well as».


Article 8 more on this article...

The fifth paragraph of article 16 of the same Decree is removed.


Article 9 read more on this article...

In the first paragraph of article 17 of the same Decree, the words: '2nd class' are replaced by the words: "standard class".


Article 10 more on this article...

Article 18 of the order is replaced by the following: «art.» 18 - for the directors of normal care, the average time required to access to the upper echelon is one year in the 1st step, two years in the 2nd, 3rd, 4th and 5th levels and three years in the 6th and 7th levels. ' Article 11 more on this article...

Article 19 of the order is replaced by the following: «art.» 19 - the rank of Director of senior care is accessible by table of progress, under the conditions laid down in 1 ° of section 69 of the Act of 9 January 1986 referred to above, to the directors of care who have reached the 4th step of the class normal and with at least five years employed in that grade.
"Furthermore, it should done, since their appointment in the body of the care manager or in the framework of health and paramedical health framework, at least mobility for a period exceeding twelve months:" 1 ° either in respect of a change of establishment within the meaning of article 2 of the aforementioned law of January 9, 1986;
'Periods completed either provision situation or position of detachment or availability, a percentage of at least 50%, are considered to be, after the opinion of the administrative commission paritaire nationale, as a change of establishment when they gave rise to the exercise of a professional activity corresponding to the tasks of Directors of care referred to in article 3;
«2nd is the basis of functional mobility;

"In the body of the directors of care, functional mobility must be accomplished between the functions referred to in article 3 with the exception of those consisting of missions, studies or coordination of studies.
"Within the allied health and health frameworks frameworks corps, functional mobility must have respectively been accomplished between the functions referred to in 1 ° and 3 ° of articles 4 and 5 of the Decree of 31 December 2001 referred to above or between the functions referred to in 1 ° and 3 ° of articles 3 and 4 of the Decree of December 26, 2012 above.
«Directors of care that are members, of its constitution, a common management are deemed as having made a functional mobility.» This mobility is attested by the Director of one of the institutions subject to a common direction. This provision also applies to directors of care in an establishment subject to a merger with another institution referred to in article 2 of the aforementioned law of January 9, 1986. ' Article 12 more on this article...

Article 20 of the order is replaced by the following: «art.» 20. - for care managers senior, the average time required to access to the upper echelon is two years in the 1st, 2nd, 3rd, 4th and 5th levels and three years in the 6th and 7th levels. ' Article 13 more on this article...

Article 22 of the order is amended as follows: 1 ° in the first paragraph, after the words: ' management', it is added the words: "by the directors of the institutions concerned."
2 ° in the third preambular paragraph, after the words: ' management', it is added the words: ", at the request of the Director of the institution concerned."
3 ° the fourth paragraph is replaced by the following: "the publication shall indicate for each job a job profile describing its contents, the nature of the functions, the skills required of the candidate and the compensatory regime. It also indicates the conditions of accessibility to every job. The profile of position is established by the Director of the establishment. » ;
4 ° after the fourth paragraph, inserted a paragraph as follows: "Executive Director of the national Centre for management conveys all of the nominations received by the head of concerned for their opinions."


Article 14 read more on this article...

After article 22 of the same Decree, it is inserted an article 22-1 worded as follows: «art.» 22-1.-in case of establishment of institutions from an existing facility, each Director of care is reassigned in a created institutions, on a proposal from the Director of the new institution. Their appointments are made by order of the Director-general of the national Centre for management without prior publication of the job vacancies. ' Article 15 more on this article...

Article 24-1 of the order is amended as follows: 1 ° in the second paragraph, after the words: ' management', it is added the words: ", which carries in its regard all the prerogatives recognized to the appointing authority of the power of appointment.";
2 ° after the third paragraph, is added ten well written paragraphs: «the national management Centre shall prepare the custom professional development provided for in article 50-1 of the law of 9 January 1986 referred to above, at the end of one or more exchanges with the official concerned within a period of six months after its placement in a situation of looking for assignment.
"This project includes:" 1 ° the wishes of professional development of the person concerned;
«2 ° types of jobs, activities and responsibilities which, in this context, is likely to be candidate officer or can it be proposed;
"3 ° where appropriate, the types of temporary assignments that can be entrusted;
«4 ° actions of orientation, training, evaluation and validation of acquired experience to promote the reorientation of the employee;
«5 ° the actions implemented by the national Centre for management accompanying.
«The project custom development professional gives rise to a document where a copy is provided to the staff member concerned.»
"Any change to the custom project for professional development, where appropriate after a mid-term review of the implementation of the project, involved in the conditions laid down in this article for its establishment.
"The national Centre for Management organizes individual and monitoring regular the circumstances of the intended to accompany him in his career as well as, where appropriate, in the adaptation of skills to types of jobs, activities or responsibilities mentioned in its custom professional development project. The official enjoys an interview at least bimonthly with the people in charge of its follow-up. ' Article 16 more on this article...

Article 24-5 of the same decretest be replaced by the following: «art.» 24-5.-an employee may apply for the jobs that the vacancy is published.
"During the period of assignment search, Executive Director of the national Centre for management address to the employee of firm and specific proposals for public jobs, corresponding to his grade and his custom professional development project and taking into account its situation of family and his usual place of residence.
"Upon publication or, where appropriate, the finalization of the custom project of professional development if these functions don't have to this date not been provided after publication, Executive Director of national informed Management Centre official involved. '' The Director-general of the national Centre for management address the curriculum vitae and custom project for professional development of this employee to the institutional head who made the job offer.
"This officer is received by this authority for an interview.
"If necessary, this authority shall inform the Director general of the national Centre for management of job offers that are made to the staff member.
"An employee who successively refused three offers of employment made in the conditions defined above is placed in position of availability of office, under the conditions laid down in article 62 of the Act of 9 January 1986 above or admitted to retirement whether it fulfils the necessary conditions. ''


Article 17 read more on this article...

After article 24-5 of the same Decree and before section 24-6, which becomes article 24-8, are inserted articles 24-6 and 24-7 so written: «art.» 24-6.-when, less than four months before the end of the period of searching for assignment, the staff member was presented less than three job offers satisfying the conditions referred to in the second paragraph of article 24-5, Executive Director of the national management Centre may decide, after consultation with the Director of the host institution, an appointment in excess according to those laid down in the fourth paragraph of section 116 of the Act of 9 January 1986 above. This appointment must correspond to the grade and custom professional development project and take into account the situation of family and the usual place of residence. The national Centre for management continues to provide individualized and regular follow-up and support in the steps of the official thus placed in excess. Within this framework, extended the period referred to in the second paragraph of article 24-1 is to allow the application of the second paragraph of article 24-5.
"An employee who was able to be offered three jobs before the end of his assignment search period is maintained in this situation, for periods not exceeding six months, after consultation with the national joint administrative commission. In this case, the search of assignment period ends under the conditions laid down in article 24-5 after applying, where appropriate, of the provisions of the first subparagraph, where the agent has accepted an offer of employment or refused a third job in accordance with the provisions of the same article.
"National management Centre present annually to the joint administrative Committee national directors of care management review research assignment.
«Art.» 24-7. — the official lay-off of office in accordance with the last subparagraph of article 24-5 can benefit from the allocation of insurance provided for in article l. 5424-1 of the labour code under the conditions laid down in articles l. 5422-2 and l. 5422-3 of the same code. This allowance is paid to him by the national Centre for management. "Chapter II: transitional and final provisions Article 18 read more on this article...

Directors of care in office on the date of entry into force of this Decree are reordered on the same date, according to the correspondence table and the following modalities: SITUATION previous SITUATION new seniority kept within the limits of the average duration of level Director of 1st class care Director of care senior level functional 7th level, acquired seniority 7th step 7th step , without seniority 6th level 6th level, seniority acquired 5th level 5th level, 2/3 acquired seniority 4th step 4th level, seniority acquired 3rd step

3rd level, seniority gained 2nd step 2nd level, acquired seniority 1st step 1st step, without seniority Director of care of 2nd class Director of care of normal class 8th step 8th level, seniority acquired 7th step 7th level, seniority acquired 6th level 6th level, seniority acquired 5th level 5th level, 2/3 acquired seniority 4th step 4th step, 2/3 acquired seniority 3rd step 3rd step , acquired seniority 2nd level 2nd level, seniority acquired 1st step 1 level, acquired seniority seniority in rank of 2nd and 1st class Director of care body shall be treated as services performed respectively in grades of normal class and non-class of the same body.


Article 19 more on this article...

The Minister of economy and finance, the Minister of Social Affairs and health, Minister of the State, decentralization and public service reform and the Minister delegate to the Minister of economy and finance, in charge of the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Is January 7, 2014.
Jean-Marc Ayrault by Prime Minister: the Minister of Social Affairs and health, Marisol Touraine the Minister of economy and finance, Pierre Moscovici the Minister for reform of the State, decentralization and public service, Marylise Lebranchu the Minister delegate to the Minister of economy and finance, in charge of the budget, Bernard Cazeneuve

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