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Decree No. 2014 - 1071 22 September 2014 On The Procedure And The Commissions For Leave To Exercise The Professions Of Doctor, Dentist, Midwife And Pharmacist

Original Language Title: Décret n° 2014-1071 du 22 septembre 2014 relatif à la procédure et aux commissions d'autorisation d'exercice pour les professions de médecin, chirurgien-dentiste, sage-femme et pharmacien

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Keywords

CODE OF THE PUBLIC HEALTH , CSP , MEDICAL PROFESSION , PHARMACETIC PROFESSION , MEDECIN , CHIRURGIEN-DENTISTE , SAGE-FEMME , PHARMACIEN , CONNAISSANCE PROFESSION


JORF no.0221 of 24 September 2014 page 15541
text No. 31



Decree No. 2014-1071 of 22 September 2014 on the procedure and the licensing boards for the professions of physician, dentist, midwife and pharmacist

NOR: AFSH14008D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/9/22/AFSH14008D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/9/22/2014-1071/jo/texte


Publics concerned: doctors, dental surgeons, midwives and pharmacists.
Subject: adaptation of procedures for the issuance of exercise authorizations for dental surgeons and midwives with foreign diplomas.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of this Order is to amend the composition of the relevant authorization boards to give notice to the Minister on requests for authorization to practise medical and pharmaceutical professions submitted by diploma holders issued in the Member States of the European Union and in third States.
With regard to medical professions, this decree also provides details in the course of the exercise authorization procedure (hospital functions in the specialty, openness to private establishments, control of the French language...) and amends the composition of the commissions, allowing the representation of the specialties of surgeon-dentists and, instead of the general direction of health, that of the hospital federation of France; In the case of pharmacists, the decree creates a new commission of authorization to exercise which resumes the missions previously carried out in this field by the Conseil Supérieur de la pharmacie.
References: the provisions of Public Health Code Amended by this decree may be consulted, in their writing resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Considering Directive 2005/36/EC of 7 September 2005 on recognition of professional qualifications;
Vu le Public Health Code ;
Vu le Decree No. 84-431 of 6 June 1984 Amending the common statutory provisions applicable to research teachers and bearing particular status of the body of university professors and the body of conference teachers;
Vu le Decree No. 87-31 of 20 January 1987 amended on the National Council of Universities;
Vu le Decree No. 90-92 of 24 January 1990 amended to provide for the status of teachers and hospital staff in hospital and university health care, education and dental research centres;
Vu le Decree No. 2004-252 of 19 March 2004 modified on the conditions under which medical doctors can obtain a specialist qualification;
Vu le Decree No. 2006-672 of 8 June 2006 modified on the establishment, composition and functioning of administrative advisory commissions;
Vu le Decree No. 2010-1208 of 12 October 2010 relating to conditions for the issuance of a qualification in medical biology by the order of pharmacists;
Vu le Decree No. 2012-659 of 4 May 2012 Implementation Act No. 2012-157 of 1 February 2012 relating to the exercise of the professions of doctor, surgeon-dentist, pharmacist and midwife for professionals with a degree obtained in a non-member State of the European Union;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...


Section D. 4111-6 of the Public Health Code is amended as follows:
1° I is thus modified:
(a) The words: "place of internship" are replaced by the words: "service or organization";
(b) After the words: "training internals," the words are added: "in the specialty for which candidates seek exercise authorization,"
(c) The first paragraph is supplemented by the following:
"When the candidates are recruited to perform these functions in a private or private institution of collective interest, the terms and conditions for the performance of the contract are those defined in R. 6152-542 or R. 6152-635. Recruitment may also take place within the framework of a provision agreement with a public health institution. » ;
2° II is thus amended:
(a) After the words: "in a service or organization referred to in the same I" are added the words: ", if any in the specialty for which candidates apply for exercise authorization,"
(b) The first paragraph is supplemented by the following:
"When the candidates are recruited to perform these functions in a private or private institution of collective interest, the terms and conditions for the performance of the contract are those defined in R. 6152-542 or R. 6152-635. Recruitment may also take place within the framework of a provision agreement with a public health institution. »

Article 2 Learn more about this article...


Section 2 of Chapter I of Book I of Part IV of the Public Health Code is amended as follows:
1° The first paragraph of Article D. 4111-8 is amended as follows:
(a) The words: "examine the situation" are replaced by the words: "evaluate jurisdiction";
(b) After the words: "candidates" are added the words: "in specialty";
2° In the second paragraph of article D. 4111-9, the words "disciplinary or" are deleted;
3° Article D. 4111-10 is amended as follows:
(a) The second is repealed;
(b) The 3° and 4° respectively become the 2° and 3°;
(c) The new 4th is thus written:
« 4° The President of the French Hospital Federation or his representative; »
4° Article D. 4111-10 II is amended as follows:
(a) The 5th becomes the 1st and is thus written:
« 1° The College referred to in Article D. 4111-9 constituted, for each specialty, five members serving on the ordinal qualification commissions established by theArticle 2 of Decree No. 2004-252 of 19 March 2004 the conditions under which medical doctors can obtain a qualification as a specialist; » ;
(b) The 6° becomes the 2° and is thus written:
« 2° A member of the profession concerned proposed by national organizations of practitioners who hold a degree acquired outside the European Union or the European Economic Area, depending on the specialty in which the exercise authorization is requested; » ;
5° Article D. 4111-10 III is amended as follows:
(a) The 5° to 7° become the 1° to 3°;
(b) The new 1st is thus written:
« 1° Two members proposed by trade union organizations representing surgeon-dentists; » ;
(c) The new 3rd is written:
« 3° A surgeon-dentist among the incumbent teaching and hospital staff governed by the Decree No. 90-92 of 24 January 1990 Status of teachers and hospital staff in hospital and university centres for the care, education and dental research; » ;
(d) It is inserted a new 4° and 5° as follows:
« 4° For the examination of applications for exercise authorization in the dento-facial orthopaedics specialty, two dental surgeons specialists in dento-facial orthopaedics;
« 5° For examination of applications for exercise authorization in the specialty oral surgery or oral medicine, two dental surgeons specialists in oral surgery or oral medicine; » ;
(e) The 8th becomes the 6th;
6° In the IV of article D. 4111-10, the 5° to 8° become the 1° to 4° ;
7° The last two paragraphs of section D. 4111-10 are replaced by the following:
"V. - Each of the sections is an advisory assistant to a representative of a host association or assistance to refugee health professionals, designated by the Minister for Health.
"For each of the incumbent members referred to in 2° of II, III and IV, an alternate shall be designated under the same conditions. He sits at the sessions of the commission in the absence of the licensee.
"These incumbent and alternate members are appointed by order of the Minister for Health for a period of five years renewable. » ;
8° Article D. 4111-11 is supplemented by a sentence as follows:
"The opinions are motivated. » ;
9° Section R. 4111-12 is amended as follows:
(a) In the first paragraph, the words "in I and I bis" are replaced by the words "in I";
(b) In the third paragraph, the words: "and for six months on those submitted under the I bis of Article L. 4111-2" are deleted;
(c) In the fourth paragraph, after the word "prolonged", the words "two months" are added;
10° Section D. 4111-12-1 is replaced by the following provisions:


"Art. D. 4111-12-1. - It is justified by the sufficient level of French language proficiency referred to in I of Article L. 4111-2 during the registration of the knowledge verification tests referred to in the second paragraph of the same section, by obtaining one of the titles provided for by a decree of the Minister for Health. Candidates of French nationality and foreign nationals are exempted from this justification. » ;
11° In article D. 4111-13, after the words: "National Management Centre", the words are added: "with the assistance, with regard to the competent authorities for physicians, of the National Medical Order Council. »

Article 3 Learn more about this article...


Section 3 of Chapter I of Book I of Part IV of the Public Health Code is replaced by the following:


“Section 3
"Authorization of the exercise of the holders of training titles issued by a Member State of the European Union or by a third State party to the agreement on the European Economic Area or by a third State and recognized by a State, member or party


"Subsection 1
“Common provisions


"Art. A. 4111-14.-The Minister for Health shall, after notice of the commission provided for in section R. 4111-15, issue the authorization for the exercise under section L. 4111-2, I bis and II, and sections L. 4131-1-1, L. 4141-3-1 and L. 4151-5-1, in the light of an application accompanied by a record composed under the terms and conditions established by the Minister responsible for health.
"The files are sent to the National Management Centre that acknowledges receipt of the application within one month of its receipt.
"The silence kept by the ministerial authority for six months on requests submitted pursuant to I bis of Article L. 4111-2 and for four months on requests submitted pursuant to Articles L. 4131-1-1, L. 4141-3 and L. 4151-5 from receipt of a complete record is a decision to reject the application.


"Art. R. 4111-15.-I.-The commission responsible for rendering the notice provided for in Article R. 4111-14 sits in special training for each profession.
"It includes:
« 1° The Director General of Care Offer or his representative, President;
« 2° The Director General for Higher Education and Professional Inclusion, or his representative;
« 3° The Director of the National Management Centre, or his representative;
« 4° The President of the French Hospital Federation or his representative;
« 5° The president and secretary general of the national council of the order of the profession concerned or their representatives.
“II.-It also includes:
« 1° For the examination of requests for authorization to exercise the profession of physician: five members serving on the ordinal qualification boards established by theArticle 2 of Decree No. 2004-252 of 19 March 2004 the conditions under which medical doctors can obtain a qualification as a specialist;
« 2° For the examination of requests for authorization to exercise the profession of surgeon-dentist:
“(a) Two representatives proposed by trade union organizations representing surgeon-dentists;
“(b) A surgeon-dentist among the incumbent teaching and hospital staff governed by the Decree No. 90-92 of 24 January 1990 Status of teachers and hospital staff in hospital and university centres for the care, education and dental research;
"(c) For the examination of applications for exercise authorization in the dento-facial orthopaedics specialty, two dental surgeons specialists in dento-facial orthopaedics;
"(d) For examination of applications for exercise authorization in the specialty oral surgery or oral medicine, two dental surgeons specialists in oral surgery or oral medicine;
“e) A member of professional associations;
« 3° For the examination of applications for authorization to exercise the profession of midwife:
“(a) Two members proposed by trade union organizations representing midwives;
“(b) One or a midwife school principal or charged with a Maieutic training institute;
“(c) A member of professional associations.
"III.-For each of the incumbent members referred to in 2° and 3° of II, an alternate shall be designated under the same conditions as those. He sits at the sessions of the commission in the absence of the licensee.
"These incumbent and alternate members of the commission shall be appointed by order of the Minister for Health for a period of five years renewable.


"Art. R. 4111-16.-The commission may summon the candidates for an audition.
"The opinions are motivated.
"The Commission's secretariat is provided by the National Centre for Management, with the assistance of the National Council for the Order of Physicians' Competent Authority Commissions.


"Art. R. 4111-16-1.-Operational authorizations are published in the Official Journal of the French Republic.


"Subsection 2
"Authorization of the exercise of nationals of a non-member State of the European Union or party to the agreement on the European Economic Area and holders of training titles issued by a Member State of the European Union or a party to the European Economic Area


"Art. R. 4111-16-2.-Applicants for the exercise authorization under the provisions of Article L. 4111-2, Ibis, justify the sufficient level of control of the French language during the handover of the record provided for in Article R. 4111-14, by obtaining one of the titles provided by a decree of the Minister for Health.


"Subsection 3
"Authorization of the exercise of nationals of a Member State of the European Union or of another State Party to the agreement on the European Economic Area holders of training titles issued by one of these States or by a third State and recognized by a State, member or party


"Art. R. 4111-17.-The commission examines all the training and professional experience of the individual.
"When the training is less than one year than that of the French state diploma, or when it deals with materially different, or when one or more components of the professional activity whose exercise is subordinate to the aforementioned diploma do not exist in the corresponding profession in the Member State of origin or have not been the subject of a teaching in that State, the commission verifies the whole of the training and of the If these differences are not of a nature to cover, in whole or in part, these differences, the commission proposes a compensation measure consisting of an aptitude test or an adaptation internship.
"The Minister responsible for Health shall inform the person concerned of the content and duration of the compensation measures envisaged and shall request him to submit, at his or her choice, to any of these measures.


"Art. R. 4111-18.-I.-The purpose of the fitness test is to verify, by written or oral tests or by practical exercises, the applicant's ability to practise the profession of a doctor in the particular specialty, a surgeon-dentist, if applicable in the specialty, or a midwife. It covers matters that are not covered by the applicant's training title(s) and professional experience.
"II.-The purpose of the adaptation course is to allow interested persons to acquire the skills defined in the preceding paragraph. It is carried out under the responsibility of a doctor or dental surgeon, according to the applicant's profession, and may be accompanied by an optional complementary theoretical training. The duration of the internship does not exceed three years.
"Candidates for the exercise authorization recruited, to complete the adaptation course, by a public health institution are:
« 1° If they are candidates for the authorization to exercise the profession of a doctor or dental surgeon, at the choice of the establishment, under the conditions defined in R. 6152-542 or R. 6152-635;
« 2° If they are candidates for the authorization to exercise the profession of midwife, under the conditions defined in sections R. 6152-543 to R. 6152-550.
"The adaptation course can be performed part-time. To be taken into account, part-time functions must have been performed up to at least five half days a week. They are counted in proportion to the duration of full-time functions.


"Art. R. 4111-19.-After completion of the adaptation course and notice of the commission referred to in R. 4111-14, or in view of the outcome of the fitness test, the Minister responsible for Health shall decide on the application for authorization to exercise the profession of physician in the particular specialty, surgeon-dentist, if any in the specialty, or midwife.


"Art. R. 4111-20.-I.-Sont fixed by order of the Minister for Health:
« 1° The composition of the file produced in support of the application for authorization;
« 2° Methods for organizing and evaluating the adaptation course.
"II.-The composition of the jury of the suitability test and the procedure for organizing this trial shall be determined by order of the Minister for Higher Education and the Minister for Health. »

Article 4 Learn more about this article...


Section 4 of Chapter I of Book I of Part IV of the Public Health Code is amended as follows:
1° In article D. 4111-24, the words "or departmental council" are deleted;
2° In article D. 4111-29, the word "departmental" is replaced by the word "national";
3° At the end of the first paragraph of article D. 4111-30, the following sentence is added:
“Interested persons recruited by a public health institution are recruited under the conditions set out in articles R. 6152-543 to R. 6152-550. »

Article 5 Learn more about this article...


Chapter I of Book II, Part IV, of the Public Health Code is amended to read:
1° Sections 3 to 8 become sections 4 to 9;
2° Sections 1 to 3 are replaced by the following:


“Section 1
"Operation Authorization Commission


"Subsection 1
« Composition of the competent commission for the examination of requests of pharmacists who hold training titles issued by a Member State of the European Union or by another State Party to the agreement on the European Economic Area or by a third State and recognized by a State, member or party


"Art. D. 4221-1.-The exercise authorization board, located with the Minister of Health, is composed of two sections, respectively, competent for the examination of applications for the exercise of the pharmacy and for the examination of applications for the exercise in the specialty of medical biology.


"Art. O.C. 4221-2.-I.-When it meets pursuant to sections L. 4221-9, L. 4221-14-1 and L. 4221-14-2, the exercise authorization board is composed as follows:
« 1° The Director General of Care Offer or his representative, President;
« 2° The Director General for Higher Education and Vocational Inclusion or his representative;
« 3° The Director General of the National Management Centre or his representative;
« 4° The President of the French Hospital Federation or his representative;
« 5° The President and the Secretary General of the National Pharmacists' Council or their representatives.
"II.-The Competent Section for the Review of Applications for Performing Authorization under the Pharmacy also includes:
« 1° A pharmacist among the incumbent teachers-researchers regulated by the Decree No. 84-431 of 6 June 1984 establishing the common statutory provisions applicable to teachers-researchers and bearing particular status of the body of university professors and the body of lecturers;
« 2° A hospital practitioner;
« 3° Two pharmacists representing the liberal sector.
"III.-The Competent Section for the Examination of Applications for Performing Authorization in the Specialty Medical Biology also includes five members from pharmacists serving on the ordinal Qualification Commissions established by theArticle 2 of Decree No. 2010-1208 of 12 October 2010 relating to conditions for the issuance of a qualification in medical biology by the order of pharmacists.
"IV.-For each of the incumbent members referred to in II, an alternate is designated under the same conditions. He sits at the sessions of the commission in the absence of the licensee.
"These incumbent and alternate members are appointed by order of the Minister for Health for a period of five years, renewable.


"Subsection 2
« Composition of the competent commission for the examination of applications of pharmacists with diplomas issued by a third State to the European Union


"Art. O.C. 4221-3.-The exercise authorization board, located with the Minister of Health, is composed of two sections, respectively, competent for the examination of applications for the exercise of the pharmacy and for the exercise in the specialty of medical biology.


"Art. D. 4221-4.-I.-When it meets under Article L. 4221-12, the composition of the commission shall include the members referred to in Article D. 4221-2.
"II.-The Competent Section for the Review of Applications for Performing Authorization under the pharmacy also includes the members referred to in II of Article D. 4221-2 as well as a member of the profession proposed by national organizations of practitioners with a degree acquired outside the European Union or the European Economic Area.
"III.-The competent section for the examination of applications for authorization to exercise in the specialty of medical biology also includes the members mentioned in the III of Article D. 4221-2 as well as a member of the profession proposed by national organizations of practitioners with a degree acquired outside the European Union or the European Economic Area, specialist in medical biology.
"IV.-A each of the sections is an advisory assistant to a representative of a host association or assistance to refugee health professionals designated by the Minister for Health.
"V.-The members referred to in II and the member representing practitioners who have a degree acquired outside the European Union or the European Economic Area, referred to in III, are appointed by order of the Minister for Health for a period of five years, renewable.
"An alternate is designated under the same conditions. He sits at the sessions of the commission in the absence of the licensee.


"Subsection 3
“Common provisions


"Art. D. 4221-5.-The commission may summon the candidates for a hearing.


"Art. D. 4221-6.-The opinions are motivated.
"The Commission secretariat is provided by the National Management Centre.


“Section 2
"Executive authorization procedure for pharmacists with diplomas issued by a third State to the European Union


"Subsection 1
"Knowledge Verification Tests


"Art. D. 4221-7.-The knowledge verification tests referred to in Article L. 4221-12, written and anonymous, shall include, for pharmacy and, where applicable, for medical biology:
« 1° A basic knowledge verification test;
« 2° A practical knowledge verification test.
"An order by the Minister for Health determines the number of places available under the pharmacy and medical biology and sets out the modalities for organizing the knowledge verification tests.


"Art. D. 4221-8.-A national jury is responsible for the development of subjects and the correction of trials for pharmacy and medical biology.


"Art. D. 4221-9.-The jury shall be composed by drawing of lots, according to the terms fixed by decree of ministers responsible for health and higher education.
"It is composed:
« 1° Members selected in the sections or subsections of the National Council of Universities governed by the Decree No. 87-31 of 20 January 1987, among the incumbent teacher-researchers Decree No. 84-431 of 6 June 1984 establishing the common statutory provisions applicable to teachers-researchers and bearing particular status of the body of university professors and the body of lecturers;
« 2° Hospital practitioners governed by the provisions of articles R. 6152-1 to R. 6152-99 and part-time practitioners governed by the provisions of articles R. 6152-201 to R. 6152-277, with at least four years of effective service in that capacity.


"Art. D. 4221-10.-Within the limit of the maximum number of persons who may be received at the knowledge verification tests referred to in D. 4221-7, the jury shall establish an alphabetical list of candidates received. The note of the test mentioned at the 1st of this same article starts the ex-aequo.
"Candidates registered as a refugee, stateless, beneficiary of the territorial asylum, beneficiary of subsidiary protection or French returning to the national territory at the request of the French authorities are not subject to the maximum number referred to in the preceding paragraph. The jury establishes an alphabetical list of candidates received.
"For the preparation of the lists referred to in the two preceding paragraphs, the candidate having obtained a grade of 6 out of 20 at one of the tests cannot be declared admitted.


"Art. O.C. 4221-11.-It is justified by the sufficient level of French-language proficiency referred to in section L. 4221-12 during the registration of the knowledge verification tests referred to in the second paragraph of the same section by obtaining one of the titles provided for by the Minister for Health. Candidates of French nationality and foreign nationals are exempted from this justification.


"Art. D. 4221-12.-I.-The functions required by the provisions of Article L. 4221-12 of candidates for the authorization to exercise the pharmacist profession, winners of the knowledge verification tests, shall be performed in a service or body approved for the training of internals, if applicable for the specialty in which candidates request the authorization to exercise, full-time or part-time for a period of three years.
"II.-Applicants recruited to perform these functions by a public health institution are, at the option of the establishment, subject to the conditions defined in R. 6152-542 or R. 6152-635.
"III.-When the candidates are recruited to perform these functions in a private or private collective institution, the terms and conditions for the performance of the contract are those defined in R. 6152-542 or R. 6152-635. Recruitment may also take place within the framework of a provision agreement with a public health institution.


"Art. O.C. 4221-13.- Applicants who are successful in the examination of knowledge for prior hospital functions as an associate, associate practitioner, associate assistant or foreign intern may be exempted, after notice of the exercise authority, in whole or in part, from the exercise of the duties set out in D. 4221-12.
"Candidates justify three years of hospital duties in one of the above-mentioned statutes on the date of filing of the file before the exercise authorization board. These functions must have been performed full-time or part-time in a period of at least three consecutive months.
"To be taken into account, part-time functions must have been performed up to at least five half days a week. They are counted in proportion to the duration of full-time functions.


"Subsection 2
"Release of exercise authorization


"Art. R. 4221-13-1.-I.-The Minister for Health shall, after notice of the commission, issue the authorization for exercise under section L. 4221-12, if applicable in the specialty.
"II.-The application, together with a record containing the documents set out in the Minister of Health's order, is addressed to the National Management Centre referred to in section L. 6152-5-2, which acknowledges its receipt within one month of its receipt. The silence held by the ministerial authority for a year from the receipt of a complete record is a decision to reject. This period may be extended by two months, by decision of the ministerial authority, notified no later than one month before the expiry of the ministerial authority, in the event of a serious difficulty in appreciating the candidate's professional experience.
"III.-In case of refusal, the decision of the Minister for Health is motivated.


"Art. O.C. 4221-13-2.-The exercise authority board shall assess the competence of candidates, in particular, in the light of the assessment report prepared by the manager of the structure in which the laureate performed the functions referred to in sections D. 4221-12 and D. 4221-13. The commission may call the candidates for an audition. The terms and conditions for the evaluation of functions are determined by order of the Minister for Health.


"Art. D. 4221-13-3.-In the event of an unfavourable opinion, the Panel may issue recommendations. The opinions are motivated.


"Art. D. 4221-13-4.-Optional authorities are published in the Official Journal of the French Republic.


“Section 3
"Authorisation procedure for pharmacists with training titles issued by a Member State of the European Union or by another State Party to the agreement on the European Economic Area or by a third State and recognized by a State, member or party


"Subsection 1
"Residents of a Member State of the European Union or another State Party to the Agreement on the European Economic Area Holding Training Titles issued by one of these States or by a third State and recognized by a State, member or party


"Art. A. 4221-13-5.-The Minister for Health shall issue, after notice of the exercise authorization board referred to in section D. 4221-1, the exercise authorizations set out in sections L. 4221-14-1 and L. 4221-14-2, in the light of a file submitted and filed under the terms set out in the order referred to in section R. 4221-14.
"The files are sent to the National Management Centre that acknowledges receipt of the application within one month of its receipt.
"The silence kept by the ministerial authority upon the expiry of a period of four months from the receipt of a complete record is a decision to reject the application.


"Art. R. 4221-13-6.-The Commission shall examine all the training and professional experience of the individual under the same terms as those provided for in sections R. 4111-17 to R. 4111-20.
"Candidates for exercise authorization recruited, to complete the adaptation course referred to in R. 4111-18, by a public health institution are, at the option of the establishment, under the conditions defined in R. 6152-542 or R. 6152-635.


"Subsection 2
"Residents of a non-member State of the European Union or a party to the agreement on the European Economic Area holders of training titles issued by one of the Member States or a party


"Art. R. 4221-13-7.-The Minister for Health shall issue, after notice of the exercise authorization board referred to in section D. 4221-1, the exercise authorizations provided for in section L. 4221-9, in the light of a record submitted and filed under the terms and conditions set out in the order referred to in section R. 4221-14.
"The files are sent to the National Management Centre that acknowledges receipt of the application within one month of its receipt.
"The silence kept by the ministerial authority upon the expiry of a period of six months from the receipt of a complete record is a decision to reject the application.


"Art. O.C. 4221-13-8.-Applicants for exercise authority under the provisions of section L. 4221-9 justify the sufficient level of control of the French language during the handover of the record set out in section R. 4221-14, by obtaining one of the titles provided by order of the Minister for Health.


"Subsection 3
“Common provisions


"Art. D. 4221-13-9.-Operational authorizations are published in the Official Journal of the French Republic.


"Art. R. 4221-14.-I.-Sont fixed by order of the Minister for Health:
« 1° The composition of the file produced in support of the application for authorization;
« 2° Methods for organizing and evaluating the adaptation course.
"II.-The composition of the jury of the suitability test and the procedure for organizing this trial shall be determined by order of the Minister for Higher Education and the Minister for Health. »

Article 6 Learn more about this article...


Section 7 of chapter V, title II, of Book I of the fifth part of the Public Health Code is amended as follows:
1° Section D. 5125-63 is amended as follows:
(a) The b is repealed;
(b) The c to f become b to e respectively;
2° The last paragraph of Article D. 5125-68 is deleted.

Article 7 Learn more about this article...


I. - The 1st of Article 2 of the above-mentioned Decree of 4 May 2012 is thus amended:
1° In the third paragraph of (a), after the words "health or" are inserted the words "private or";
2° The b is thus modified:
(a) In the first paragraph, the word "-or" is added before the words "under the statutes";
(b) A second subparagraph is added to read:


" - either in a public health or private institution of collective interest or in a public research organization, as a clinical research officer; » ;


3° After the first paragraph of (c), it is added a paragraph as follows:


" - either in a public health or private institution of collective interest or in a public research organization or in a company or institution engaged in the manufacture, importation or operation of drugs or products referred to in section L. 5124-1, as a clinical research officer. »


II. - In the second and fourth paragraphs of (a) 2° of Article 2 of the decree of 4 May 2012 referred to above, the words: "in-depth specialized training degree" are replaced by the words: "in-depth specialized medical training degree".

Article 8 Learn more about this article...


Decree No. 2007-123 of 29 January 2007 on the procedures for authorizing the exercise of the professions of physician, surgeon-dentist, midwife and pharmacist is repealed.

Article 9 Learn more about this article...


The mandates, on the date of the issuance of this Order, members of the Medical Physicians, Dental Surgeons and Midwives Boards, as well as those of the members of the High Council of Pharmaceuticals, shall be extended to the dates of appointments of members of the Medical Physicians, Surgeons, Midwives and Pharmaceuticals Boards, pursuant to this Order. Notices made by the accruals prior to the establishment of the accruals set out in this Order shall be deemed to have been issued on a regular basis.

Article 10 Learn more about this article...


The Minister of National Education, Higher Education and Research and the Minister of Social Affairs, Health and Women's Rights are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on September 22, 2014.


Manuel Valls

By the Prime Minister:


Minister of Social Affairs, Health and Women ' s Rights,

Marisol Touraine


Minister of National Education, Higher Education and Research,

Najat Vallaud-Belkacem


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