Key Benefits:
Public officials concerned: officers of the public hospital service.
Purpose: Regulatory amendments concerning the election of staff representatives to local and departmental administrative boards of the hospital public service.
Entry into force: the text comes into force on the day after its publication.
Notice: the Decree No. 2003-655 of 18 July 2003 amended on local and departmental administrative boards of the hospital public service sets the rules for the composition and operation of these bodies.
This decree amends the above-mentioned decree in order to facilitate the electoral process by the complete harmonization of the electoral calendars for CAP and CTE. In addition, it amends the schedule to the Decree of 18 July 2003 to integrate the new body of the paramedical health executives of the hospital public service and the statutory amendments concerning the bodies of socio-educational assistants, facilitators and educators of the hospital public service; it merges subgroups 1 and 2 of CAP 2 and removes from the annex of the bodies, grades and jobs that no longer exist and, finally, creates a CAP 10 for midwives.
References: The 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 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 relating to the hospital public service, including Article 104;
Vu le Decree No. 93-652 of 26 March 1993 amended with special status of the body of socio-educational assistants of the public hospital service;
Vu le Decree No. 93-654 of 26 March 1993 amended with the specific status of the staff of the public hospital staff;
Vu le Decree No. 93-657 of 26 March 1993 Amended with special status of the body of the hospital public service monitors;
Vu le Decree No. 2003-655 of 18 July 2003 amended on local and departmental administrative boards of the hospital public service;
Vu le Decree No. 2011-748 of 27 June 2011 amended bearing the specific statutes of the medical-technical personnel of category B of the hospital public service;
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;
Vu le Decree No. 2014-100 of 4 February 2014 bearing special status of the body of social and family economic advisers, the body of specialized technical educators and the body of young children ' s educators in the hospital public service;
Considering the advice of the Higher Council of the Hospital Public Service dated 11 December 2013 and 20 May 2014;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 6 February 2014;
The State Council (Section of Administration) heard,
Decrete:
The first two paragraphs of Article 2 of Decree No. 2003-655 of 18 July 2003 referred to above are replaced by the following provisions:
“The staff of categories A, B and C fall under ten separate administrative committees:
1° Four commissions for category A bodies;
2° Three commissions for category B bodies;
3° Three commissions for category C bodies."
At the end of Article 5 of Decree No. 2003-655 of 18 July 2003 referred to above, it is added a paragraph as follows:
"The number of seats to be filled by commission is displayed in the establishment and, where appropriate, in the subsidiary establishments no later than 30 days after the determination of the number of representatives to be elected. »
The provisions of Article 15 of the Order are repealed.
After the second paragraph of Article 19, a third paragraph is added:
"The administration shall post as soon as possible, after the deadline for applications, the list of trade union organizations that have legally filed a list of candidates. These lists of candidates are made available to trade union organizations and electors at a location determined by the establishment director. »
In article 24 of the same decree, the words: "twenty-one days after the deadline for filing the lists of candidates" are replaced by the words: "as soon as possible and at the latest at the end of the deadlines mentioned in articles 19 and 23 of this decree".
Article 42 of the same decree reads as follows:
"Art. 42.-Without prejudice to the provisions of the last paragraph of section 9 bis of the above-mentioned Act of 13 July 1983, disputes over the validity of electoral operations shall be brought, within five days of the proclamation of the results, to the director of the institution who manages the parity administrative commission. The latter ruled in the forty-eight hours by a reasoned decision. Disputes are then brought to the administrative court, where appropriate. »
The Schedule to the same Order is amended as follows:
I. - The provisions relating to CAP No. 2: Category A staff of medical and technical services and social services are thus amended:
1° Subgroup 1:
(a) The words: "teachers of schools preparing for the Midwives Master Certificate", "teachers of schools preparing for the Midwives State Diploma", "supervised midwives" and "framewives" are deleted;
(b) Between the words: "higher health orthoptists" and the words: "higher socio-educational executives", are inserted the following words: "Operating block nurses paramedical senior health professionals, senior medical practitioners of paramedical health, paramedical health professionals
(c) Between the words: "health orthoptists" and the words: "Social-educational frameworks", are inserted the following words: "operative block nurses paramedical health executives, anesthetic nurses paramedical health professionals, paramedical health professionals
2° Subgroups 1 and 2 are merged;
3° Subgroup 3 becomes subgroup 2;
4° The words: « Superior Midwives » and « Normal Midwives » are deleted.
II. - Provisions concerning CAP No. 5: Personnel of care services, medical and technical services and social services of category B, single group, single subgroup, are replaced by the following provisions:
« CAP #5: Personnel of care, medical and technical services and social services
Single group
Senior Medical Officers, Senior Medical Officers, Senior Medical Officers »
III. - In subgroup 2 of CAP No. 7, the words: "extinguishing internal service agents" are deleted.
IV. - It is created a CAP no. 10 as follows:
CAP #10: Midwives
Single group
Single subgroup: school directors preparing for the midwives master certificate, school directors preparing for the midwives state diploma, senior midwives, senior midwives, senior midwives, senior midwives, senior midwives, normal midwives. »
The Minister of Social Affairs and Health and the Minister of Decentralization and Public Service are responsible, each with respect to it, for the implementation of this Order, to be published in the Official Journal of the French Republic.
Done on July 18, 2014.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs and Health,
Marisol Touraine
Minister of Decentralization and Public Service,
Marylise Lebranchu
