Key Benefits:
Publics concerned: hospital public service occupational therapists.
Subject: creation of the body of occupational therapists of category A.
Entry into force: the text comes into force on September 1, 2015.
Notice: the decree defines the modalities of recruitment, appointment and classification in the new status of the occupational therapists classified in category A of the hospital public service as well as the rules relating to advancement, detachment and direct integration.
In addition, this decree provides for the provisions relating to the initial constitution of this body, by the automatic integration of the body currently governed by the decree of June 27, 2011 bearing the special statutes of the bodies of the reeducation staff of category B of the public hospital service in the new body, with the exception of certain personnel who, within the framework of an individual right of option, may nevertheless make the choice to remain in their original body.
Finally, the occupational therapist body of category B is set to extinguish as soon as integration into the new status of category A.
References: the decree as well as the decree that it amends, in its drafting of this amendment, can be consulted 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,
Vu le Defence codeincluding articles L. 4139-1 and L. 4139-2;
Vu le Public Health Code ;
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. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu la Act No. 2010-751 of 5 July 2010 amended on the renewal of social dialogue and including various provisions relating to the civil service, including article 37;
Vu le Decree No. 88-976 of 13 October 1988 amended with respect to certain positions of hospital officials, integration and certain terms of availability;
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. 2003-761 of 1 August 2003 amended on the parity administrative commissions of the Paris Public Hospital Assistance;
Vu le Decree No. 2007-961 of 15 May 2007 establishing the common statutory provisions applicable to certain category A staff members of the hospital public service;
Vu le Decree No. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service;
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. 2011-746 of 27 June 2011 amended bearing the specific statutes of the reeducation staff of category B of the hospital public service;
Vu le Decree No. 2011-2103 of 30 December 2011 raising the age limits of the retirement of public servants, military and state workers;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 12 June 2015;
Considering the opinion of the National Standards Assessment Board dated 2 July 2015;
The State Council (Section of Administration) heard,
Decrete:
The body of occupational therapists is classified as category A of the public hospital service.
It is governed by the provisions of this Decree.
Staff members of this body perform their duties in the establishments referred to in section 2 of the Act of 9 January 1986 referred to above.
The body of occupational therapists includes two grades:
1° A normal class with eleven steps;
2° A superior class with eleven steps.
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.
Occupational therapists are recruited through title competitions, open in each institution to incumbent candidates either from the training title mentioned in theArticle L. 4331-3 of the Public Health Codeeither of the authorizations to practise the profession of occupational therapist issued under articles L. 4331-4 or L. 4331-5 of the same code.
The general rules of the contest referred to in section 4 are determined by order of the Minister for Health and the Minister for Public Service.
The conditions for organizing this competition as well as the composition of the jury are determined by decision of the authority vested in the appointing authority.
Competitions are opened by the authority vested in the appointing authority.
When they are common to several establishments, they are opened by the authority vested with the appointing authority of the establishment with the largest number of beds.
When it is opened on behalf of several establishments in a department, the contest referred to in Article 4 is organized by the authority vested with the authority to appoint the establishment of this department with the largest number of beds.
Notices of examinations are posted, so as to be accessible to the public, at the premises of the establishment organizing this contest, in those of the regional health agency that it reports and in those of the prefecture of the department in which the establishment is located. They are also posted electronically on the websites of all regional health agencies.
Candidates received at the contest provided for in Article 4 are appointed interns of the body concerned by the authority vested in the appointing authority and complete a one-year internship.
At the end of the course, trainees whose services have been satisfied are registered.
Trainees who have not been held at the end of the course may be allowed to complete a complementary internship for up to one year.
Agents who have not been allowed to complete 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 body or employment framework according to the provisions applicable to them.
The duration of the internship is taken into account for the progress of the course, within one year.
Staff members recruited under Article 4 shall, upon appointment, be classified at the 1st level of the normal grade of the body, subject to the provisions mentioned in Articles 9 to 13 of this Order.
Persons who, in the light of their previous career path, are subject to the provisions of several of the articles mentioned in the preceding paragraph, are classified, upon appointment in the normal grade of the corresponding body, in accordance with the provisions of the article corresponding to their last situation.
However, they may, within a maximum period of six months from the notification of the decision making their classification under the conditions set out in the preceding paragraph, request that the provisions of another of these articles be applied to them, if they are more favourable.
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, are taken into account in their entirety.
Holding staff recruited in the body governed by this Order shall be classified, on the date of their appointment as an intern, at the level of the normal class of the body that includes equal treatment or, if not, immediately greater than that held in their original body or employment framework.
Within the limit of the average seniority required in section 14 for a promotion at the higher level, they retain the seniority they had acquired in their original grade when the increase in treatment following their appointment is less than that which would have resulted from a level of advancement in their former situation.
Officials appointed while they have reached the last step of their original grade retain their seniority within the same limits when the salary increase following their appointment is less than that which would have resulted from a promotion at the latter level.
The provisions of the article 7 and Article II 12 the above-mentioned decree of May 15, 2007 shall apply to agents who, on the date of their appointment in one of the bodies referred to in section 1, shall justify services performed as non-public officer other than the services of interns or services performed as an agent of an intergovernmental international organization.
I. - Agents who, at the date of their appointment, justify services or professional activities carried out after the date of entry into force of this decree in functions corresponding to those in which they are appointed, as a public officer in a public health institution or in a public social or medical-social institution or as an employee in a private health institution or in a social or medical-social establishment
II. - Agents who, at the date of their appointment, justify services or professional activities performed prior to the date of entry into force of this decree in functions corresponding to those in which they are appointed, as a public official in a public health institution or in a public social or medical-social institution or as an employee in a private health institution or in a private social or medical-social institution or in a temporary work enterprise,
| Over 25 years | 8th step |
| Between 21 and 25 years | 7th step |
| Between 17 years and 21 years | 6th step |
| Between 13 years and 17 years | 5th step |
| Between 9 and 13 years | 4th step |
| Between 6 and 9 years | 3rd step |
| Between 3 and 6 years | 2nd step |
| Before 3 years | 1 step |
III. - Agents who, on the date of their appointment, justify services or professional activities performed under I and II are classified as follows:
1° The professional services or activities carried out prior to the date of entry into force of this Decree shall be taken into account in accordance with the provisions set out in II;
2° The professional services or activities carried out beyond the date of entry into force of this Order shall be taken into account for the entire duration of the Order and shall be added to the classification made under 1°, taking into account the average duration required for each increment provided for in Article 14.
IV. - The services referred to in I, II and III must have been completed in possession of the required diplomas, titles or authorizations for the performance of these duties. Their duration is appreciated in full-time equivalent. The application for a resuming of seniority, together with all supporting documents, must be submitted to the authority vested in the appointing authority within six months of the date of the appointment.
When they cannot be taken into account, when titularizing, in accordance with the provisions of the articles L. 4139-1 and L. 4139-2 the Defence Code and the regulations made for their application, the services performed as non-commissioned member shall be taken into account in accordance with article 8 of the decree of 15 May 2007 referred to above.
Persons who justify, prior to their appointment in one of the bodies governed by this decree, 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 shall be classified, upon their appointment, in accordance with the provisions of Title II of the above-mentioned Decree of 22 March 2010.
Where they justify, in addition, services that do not give rise to the application of these provisions, they may apply to the provisions of Article 8 of this Decree, preferably to those of decree of 22 March 2010 referred to above.
The average length of time spent in each step of the ranks of the bodies governed by this decree is fixed as follows:
| Second grade: upper class | |
| 11th step | - |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| First grade: normal class | |
| 11th step | - |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 2 years |
| 1 step | 1 year |
The maximum length of time spent in each step is equal to the average length of the shift. The minimum length of time spent in each step is equal to the average length of the shift. This period may not be less than one year.
I. - Can be appointed to the upper class of their body, after registration on a progress table, officials justifying, as of January 1 of the year in which this progress table is drawn up, at least one year in the 5th step of the normal class and at least ten years of actual service in the body governed by this decree or in one of the bodies governed by the Decree of 27 June 2011.
Interested persons are classified in their new grade in accordance with the following correspondence table:
| 11th step | 11th | Formerly acquired |
| 10th step | 10th | Formerly acquired |
| 9th step | 9th | Formerly acquired |
| 8th step | 8th | Formerly acquired |
| 7th step | 7th | Formerly acquired |
| 6th step | 6th | Formerly acquired |
| 5th step | 5th | Older acquired beyond a year |
II. - The maximum number of staff who can be promoted annually under I within the body governed by this decree shall be determined in each institution in accordance with the provisions of decree of 3 August 2007 referred to above.
For the purposes of Article 15 I, the services or activities performed under the conditions set out in Articles 10 and 11 shall not be considered effective.
Officials belonging to a body or employment framework of category A or equivalent level may be placed in a detachment position or directly integrated into the body of occupational therapists, if they justify diplomas, titles or authorizations required for access to that body.
Officials placed in a detachment position or directly incorporated in that body are subject, as the case may be, to the provisions of headings II or II bis of the decree of 13 October 1988 referred to above.
Staff members may, at any time, be integrated, upon request, into the corresponding body governed by this decree.
The services performed in their original bodies or employment framework are similar to services performed in the integration body.
I. - The members of the occupational therapists ' body Decree of 27 June 2011 are integrated into the body of the occupational therapists governed by this decree, except those of them mentioned in II who have chosen to maintain in the body governed by the decree of 27 June 2011 mentioned above.
II. - The right of option provided by the provisions of section 37 of the Act of 5 July 2010 referred to above is open to members of the body of occupational therapists governed by the Decree of 27 June 2011 may, at the opening date of this right of option, have an effective service life in an employment classified in the active class, as provided for inarticle 6 of the decree of 30 December 2011 referred to above.
This right of option is open for a period of six months from the date of entry into force of this Order. It is expressly exercised by each agent. The absence of explicit choice from the agent within the time limit, maintains the agent in its original body governed by the agent decree of 27 June 2011 mentioned above. The agent's choice, whether express or tacit, is final.
III. - The appointing authority shall notify each agent concerned of a proposal for integration into the body of the occupational therapists governed by this decree, specifying the classification that would result from such integration.
I. - Personnel incorporated in the body of occupational therapists governed by this decree pursuant to the provisions of section 18 shall be reclassified, at the date of entry into force of this decree, according to the following correspondence tables:
| 7th step | 10th | Formerly acquired |
| 6th step | 9th | Formerly acquired |
| 5th step | 8th | Formerly acquired |
| 4th step | 7th | Formerly acquired |
| 3rd step | 6th | Formerly acquired |
| 2nd step | 5th | 2/3 of acquired seniority |
| 1 step | 4th | Formerly acquired |
| Normal class occupational therapists, governed by the Decree of 27 June 2011 | Normal class occupational therapists, governed by this decree | |
| Echelons | Echelons | Old preserved within the time limit |
| 9th step | 8th | Formerly acquired with personal retention of the treatment index |
| 8th step | 7th | 3/4 of acquired seniority |
| 7th step | 6th | 3/4 of acquired seniority |
| 6th step | 5th | 3/4 of acquired seniority |
| 5th step | 4th | 3/4 of acquired seniority |
| 4th step | 3rd | Formerly acquired |
| 3rd step | 2nd | 2/3 old age acquired |
| 2nd step | 1 | 1/2 old age acquired |
| 1 step | 1 | Not old |
II. - Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in their former bodies.
III. - The services performed in their bodies and their rank of origin by the agents mentioned in I are assimilated to services performed in their bodies and their degree of integration, especially for the advancement of grade.
IV. - Agents who gathered the conditions to access the upper class of the occupational therapists regulated by the provisions of the Decree of 27 June 2011, which, when the occupational therapists are incorporated into the body governed by this decree, do not meet the conditions of advancement referred to in Article 15, are, by derogation from this article, eligible to the upper class of the body governed by this decree.
Recruitment competitions open in the body of occupational therapists governed by the Decree of 27 June 2011, whose opening orders have been issued prior to the date of entry into force of this Order, remain governed by the provisions applicable to the date of publication of these Orders.
The laureates of the access examinations to the body of the occupational therapists governed by the decree of 27 June 2011, whose appointment has not been pronounced in this body before the entry into force of this decree, may be appointed as a trainee in the body of the occupational therapists governed by this decree, pursuant to the provisions of Articles 8 to 13.
Internary therapists other than those who have opted, tacitly or not, to maintain in their original body governed by the Decree of 27 June 2011, pursuant to Article 1 of this Decree, continue their internship in the normal class of the occupational therapists governed by this decree and are classified in this rank, on the date of entry into force of this decree, in accordance with the table in Article 19.
The progress tables established for the year 2015, pursuant toArticle 19 of the Decree of 27 June 2011, remain valid until December 31, 2015 for access to the grade of advancement of the occupational therapists' body, for the agents who have accepted, under the conditions provided for in section 18, their integration into that body.
The agents promoted to the higher rank after the date of entry into force of this decree are classified in the rank of advancement taking into account the situation that would have been theirs if they had continued, until the date of their promotion, their career and had been classified in that rank according to the provisions of the Decree of 27 June 2011then reclassified to the date of promotion under the conditions set out in the table in section 19.
Administrative Committee No. 2, Subgroup 2, referred to inAnnex to the above-mentioned Decree of 18 July 2003 and Administrative Committee No. 2, Subgroup 3, referred to inAnnex to the above-mentioned Decree of 1 August 2003 are competent for the members of the body of the occupational therapists governed by this decree.
A lAnnex to the above-mentioned Decree of 18 July 2003, in the enumeration of the bodies of subgroup 2 of the parity administrative commission #2: "Class personnel After the words: "General care nurses and first-class specialist care nurses" are added the words: ", higher-class occupational therapists, standard occupational therapists governed by the normal class occupational therapists Decree No. 2015-1048 of 21 August 2015 "
The above-mentioned decree of 27 June 2011 is amended:
1° In article 1 it is added a paragraph as follows:
"The body of occupational therapists is set to extinction. » ;
2° The III of Article 5 is deleted;
3° In article 7, the words "intern occupational therapists" are deleted;
4° Sections 23 to 28 are repealed.
This Order comes into force on the first day of the month following the date of its publication.
The Minister of Finance and Public Accounts, the Minister of Social Affairs, Health and Women's Rights, the Minister of Decentralization and the Public Service and the Secretary of State responsible for 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 August 21, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Decentralization and Public Service,
Marylise Lebranchu
The Secretary of State in charge of the budget,
Christian Eckert
