Key Benefits:
Public officials concerned: officers of the body of director of hospital public service care.
Purpose: Changes in the status of the directors of hospital care.
Entry into force: the text comes into force on the day after its publication.
Notice: this decree amends the Decree No. 2002-550 of 19 April 2002 to take into account the new provisions resulting from the indiciary revalorization, which includes the body terminal at the gross index 1015.
The body remains constituted in two grades (a normal class and an off-class), but with a final step of the advancement grade now accessible to all body agents of this rank without conditions of function.
This Order also takes into account the provisions of section 130 of the Act of 12 March 2012 relating to the access to full employment and the improvement of the conditions of employment of contract agents in the public service, the fight against discrimination and various provisions relating to the public service, with regard to the application of placement in search of assignment for agents of the body of care director.
References: the text amended by this decree can be consulted, in its version, 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 code of social action and families ;
Vu le Public Health Code ;
Vu le Labour code ;
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 le Decree No. 2002-550 of 19 April 2002 amended to include a special status of the body of director of hospital care;
Vu le Decree No. 2012-1466 of 26 December 2012 having special status of the body of the paramedical health frameworks of the public hospital service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 16 July 2013;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated November 7, 2013;
The State Council (Section of Administration) heard,
Decrete:
Article 1 of the above-mentioned Decree of 19 April 2002 is replaced by the following provisions:
"Art. 1-The body of care director is classified as category A of the public hospital service. It includes two grades:
« 1° The grade of normal class care director with eight ladders;
« 2° The rank of Senior Care Officer with eight levels. »
After Article 1 of the same decree, an article 2 is reinstated as follows:
"Art. 2.-The members of the body shall perform their duties in the establishments mentioned in 1° to 3°, 5° and 7° of Article 2 of the law of 9 January 1986 referred to above and in the other establishments mentioned in the same article when they are the subject of a common direction with an establishment mentioned at its 1° to 3.5° or 7°.
"The care directors shall provide management guards at their duty station and, where appropriate, at other facilities referred to in section 2 of the Act of 9 January 1986 referred to above. A convention between these establishments sets out the modalities for the establishment of these inter-institutional management guards. »
Article 3 of the same decree is amended as follows:
1° The I is completed by a 4° and a 5° as follows:
« 4° From a functional direction;
« 5° Missions or studies or coordination of studies in the health, social and medico-social field. » ;
2° II is replaced by the following:
“II. ― Directors of care may, by way of detachment or provision, perform functions as a technical advisor or educational advisor at the regional or national level, or be entrusted with missions, studies or coordination of studies in the health, social and medico-social field. The decision shall be taken by order of the Director General of the National Management Centre after notice, if any, of the Director.
"When a mission entrusted by the Director General of the National Management Centre to the Director of Care exceeds a period of six months, the National Joint Administrative Committee must be informed, prior to the expiration of the same duration, of the nature and modalities of the mission. »
The IV of Article 4 of the same decree is abolished.
Article 5 of the same decree is amended as follows:
1° The first preambular paragraph shall be replaced by a subparagraph to read:
"The Director of Care, Director of Training Institute or General Coordinator of Training Institutes, is approved in accordance with the terms and conditions set out in the articles R. 4383-4 and R. 4383-5 the Public Health Code and carries out the responsibilities and duties defined by the regulations governing the operation of paramedical training institutes. Under the authority of the director of establishment, he is responsible for:"
2° In the third paragraph, the words: "it proposes and coordinates the training policy in connection with the regional health agency and universities" are replaced by the words: "it contributes, in connection with the regional health agency and universities, to the training policy defined by the region; "
In the last paragraphs of articles 7 and 8 of the same decree, the words "first class" are replaced by the words "out of class".
Article 9 of the same decree is amended as follows:
1° In the first paragraph, the words "2nd class" are replaced by the words "normal class";
2° In the first paragraph of the second paragraph, the words: "to senior health officials and health officials, on 1 January of the year of the contest, at least five years of actual service in this grade and" are replaced by the words: "to members of the body of health executives governed by the aforementioned decree of 31 December 2001 or the body of paramedical health executives governed by the Decree No. 2012-1466 of 26 December 2012 bearing special status of the body of paramedical health executives of the public hospital service, counting, as of January 1st of the year of the contest, at least five years of actual service in either of these bodies as well as".
The fifth paragraph of Article 16 of the Decree is deleted.
In the first paragraph of article 17 of the same decree, the words "2nd class" are replaced by the words "normal class".
Article 18 of the same decree is replaced by the following provisions:
"Art. 18.-For normal-class care managers, the average duration to be achieved for upper-level access is one year in the 1st step, two years in the 2nd, 3rd, 4th and 5th and three years in the 6th and 7th grades. »
Article 19 of the same decree is replaced by the following provisions:
"Art. 19.-The grade of Senior Care Director is accessible by advance table, under the conditions set out in 1° of section 69 of the above-mentioned Act of 9 January 1986, to care directors who have reached the 4th level of the normal class and have at least five years of actual service in that grade.
"It must also have completed, since their appointment in the body of care director or in the body of a health or paramedic health framework, at least a mobility of more than 12 months:
« 1° Under a change of establishment within the meaning of section 2 of the above-mentioned Act of 9 January 1986;
"The periods that have been completed are made available, either in the position of detachment or availability, of a quotity not less than 50%, shall be considered, after the advice of the National Joint Administrative Commission, as a change of establishment when they have given rise to a professional activity corresponding to the duties of the care directors referred to in Article 3;
« 2nd Either in the context of functional mobility;
"In the body of care directors, functional mobility must be carried out between the functions referred to in Article 3 with the exception of those consisting of missions, studies or coordination of studies.
"In the bodies of health and paramedical health executives, functional mobility must be carried out, respectively, between the functions mentioned in 1° and 3° of Articles 4 and 5 of the decree of 31 December 2001 referred to above or between the functions mentioned in 1° and 3° of Articles 3 and 4 of the decree of 26 December 2012 mentioned above.
"The directors of care who are members of a common management during its constitution are considered to have carried out functional mobility. This mobility is attested by the director of one of the establishments under a common direction. This provision also applies to directors of care assigned to an institution that is merged with another institution referred to in section 2 of the Act of 9 January 1986 referred to above. »
Article 20 of the same decree is replaced by the following provisions:
"Art. 20.-For out-of-class care managers, the average length of access to the upper level is two years in the 1st, 2nd, 3rd, 4th and 5th and 3 years in the 6th and 7th grades. »
Article 22 of the same decree is amended as follows:
1° In the first paragraph, after the words "management", the words "by the directors of the institutions concerned" are added;
2° In the third paragraph, after the words "management", the words ", at the request of the director of the institution concerned" are added;
3° The fourth preambular paragraph is replaced by the following:
"The publication indicates for each job a position profile describing its content, the nature of the duties, the candidate's required skills and the applicable compensation scheme. It also indicates the accessibility conditions for each job. The position profile is established by the director of the institution. » ;
4° After the fourth preambular paragraph, a sub-item reads as follows:
"The Director General of the National Management Centre shall, for advice, transmit all applications received to the head of institution concerned. »
After article 22 of the same decree, an article 22-1 is inserted as follows:
"Art. 22-1. - In the event of establishments being created from an existing institution, each care director is reassigned to one of the establishments so created, on the proposal of the new institution director. Their appointments are made by order of the Director General of the National Management Centre without prior publication of the vacancies. »
Article 24-1 of the same decree is amended as follows:
1° In the second paragraph, after the words: "Management", it is added the words: ", who exercises in his regard all the prerogatives recognized to the authority vested with the appointing authority. » ;
2° After the third preambular paragraph, ten sub-items are added:
"The National Management Centre shall establish the personalized project of professional development referred to in section 50-1 of the above-mentioned Act of 9 January 1986, after one or more exchanges with the employee concerned within six months of his placement in a search for assignment.
"This project includes:
« 1° The wishes of professional evolution of the interested person;
« 2° Types of employment, activities and responsibilities that, in this context, may be a candidate or may be proposed to the employee;
« 3° Where appropriate, the types of temporary missions that may be entrusted to it;
« 4° Guidance, training, evaluation or validation of the acquired work experience to promote the grievor's reorientation;
« 5° The accompanying actions implemented by the National Management Centre.
"The personalized project of professional development gives rise to a document whose copy is given to the employee concerned.
"A change in the personalized project of professional development, if necessary after a mid-term evaluation of the project's implementation, shall be made under the conditions provided for in this article for its establishment.
"The National Management Centre organizes an individualized and regular follow-up of the grievor's situation to accompany him in his professional development and, where applicable, in adapting his skills to the types of jobs, activities or responsibilities mentioned in his personalized career development project. The grievor is interviewed at least bimonthly with the persons in charge of his follow-up. »
Article 24-5 of the same decree is replaced by the following provisions:
"Art. 24-5.-The grievor may apply to jobs whose vacancy is published.
"In the course of the assignment search period, the Director General of the National Management Centre sends to the grievor proposals for firm and accurate public employment offers, commensurate with his rank and personal career development project and taking into account his family situation and his usual place of residence.
"As soon as they are published or, if necessary, the completion of the personalized professional development project if these functions have not been filled after publication, the Director General of the National Management Centre shall inform the employee concerned. The Director General of the National Management Centre addresses the curriculum vitae and the personalized professional development project of the grievor to the Director of Institution who made the job offer.
"This grievor is received by this authority for an interview.
"If applicable, this authority shall inform the Director General of the National Employment Offer Management Centre, which is issued to that employee.
"The employee who successively refuses three job offers made under the conditions set out above shall be placed in a stand-off position, under the conditions set out in section 62 of the above-mentioned Act of 9 January 1986, or eligible for retirement if he meets the necessary conditions. »
After Article 24-5 of the same decree and before Article 24-6, which becomes Article 24-8, articles 24-6 and 24-7 are inserted as follows:
"Art. 24-6.-Where, less than four months before the end of the posting search period, the grievor was given less than three job offers meeting the conditions referred to in the second paragraph of section 24-5, the Director General of the National Management Centre may decide, after notice of the Director of the host institution, an over-numbered appointment in accordance with the terms defined in the fourth paragraph of section 116 of the law of the host institution. This appointment must be consistent with the rank and personalised project of professional development and take into account the family situation and the place of habitual residence. The National Management Centre continues to provide individualized and regular follow-up, as well as support in the grievor's actions thus overcrowded. The period referred to in the second paragraph of Article 24-1 is, in this context, extended to allow the application of the second paragraph of Article 24-5.
"The grievor who could not be offered three job offers before the end of his assignment search period is maintained in this situation, for periods not exceeding six months, after the advice of the National Joint Administrative Committee. In this case, the assignment search period ends under the conditions set out in section 24-5 after the application, if any, of the provisions of the first paragraph, where the agent accepted an offer of employment or refused a third offer of employment in accordance with the provisions of the same section.
"The National Management Centre submits to the National Joint Administrative Committee an annual report on the management of directors of care in search of assignment.
"Art. 24-7. ― An employee who has been made available on an ex officio basis under the last paragraph of section 24-5 may be eligible for the insurance allowance provided for in theArticle L. 5424-1 of the Labour Code under the conditions set out in articles L. 5422-2 and L. 5422-3 of the same code. This allowance is paid by the National Management Centre. »
The directors of care according to the date of entry into force of this Order are reclassified to that same date, according to the correspondence table and the following terms:
| Senior Care Officer | Senior Care Officer |
| Echelon functional | 7th step, seniority acquired |
| 7th step | 7th ladder, without seniority |
| 6th step | 6th step, seniority acquired |
| 5th step | 5th step, 2/3 seniority acquired |
| 4th step | 4th step, seniority acquired |
| 3rd step | 3rd step, seniority acquired |
| 2nd step | 2nd step, seniority acquired |
| 1 step | 1st step, without seniority |
| 2nd Class Care Director | Director of normal class care |
| 8th step | 8th step, old age |
| 7th step | 7th step, seniority acquired |
| 6th step | 6th step, seniority acquired |
| 5th step | 5th step, 2/3 seniority acquired |
| 4th step | 4th step, 2/3 old age acquired |
| 3rd step | 3rd step, seniority acquired |
| 2nd step | 2nd step, seniority acquired |
| 1 step | 1st step, old age |
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 January 7, 2014.
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
Bernard Cazeneuve
