Key Benefits:
The Prime Minister,
On the report of the Minister of Employment and Solidarity,
In the light of Law No. 83-634 of 13 July 1983 as amended bearing the rights and obligations of the Officials;
In light of the amended Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, in particular Article 5 thereof;
Having regard to Decree No. 65-773 of 9 September 1965 on the regime of Retirement of civil servants affiliated with the National Pension Fund for Local Government Officers, and in particular Article 16b thereof;
In light of Decree No. 88-1077 of 30 November 1988 amending the special statutes of nursing staff The hospital public service;
In light of the amended Order No. 89-609 of September 1, 1989, amending the specific statutes of the reeducation staff of the hospital public service;
In light of Decree No. 89-613 of 1 September 1989 as amended Bearing the special status of medical and technical staff of the hospital public service;
Having regard to the opinion of the Higher Council of the Hospital Public Service of 20 September 2001;
The Council of State (social section) Heard,
Clipping:
This Decree applies to health professionals in office in The establishments mentioned in Article 2 of the aforementioned Law of 9 January 1986 which constitute a body classified in category A.
The corps of health care executives includes:
1 ° In nursing:
-nurses Health frameworks;
-health care settings nurses;
-health care anaesthetists;
-health care professionals;
2 ° In the re-education stream:
-pedicures-podologists Health;
-filing cabinets-physiotherapists;
-occupational health therapists;
-health care psychomotors;
-health care speech therapists;
-health care orthopers;
-des Health Professional Dieticians;
3 ° In the medico-technical stream:
-preparers in hospital pharmacy settings;
-health care laboratory technicians;
-medical electroradiology manipulators Health frameworks.
Health executives are recruited as a result of an open competition in each institution :
1 ° Competition on internal titles open to candidates holding a health framework diploma or equivalent certificate, subject to the bodies governed by the decrees of 30 November 1988, No 89-609 of 1 September 1989 and No 89-613 of 1 September 1989 Above, counting, on 1 January of the year of the competition, at least five years of actual service in one or more of the above-mentioned bodies, for 90 % of the open posts;
2 ° Competitions on external titles open to candidates holding the diplomas or Titles required to be recruited in the bodies governed by the decrees of 30 November 1988, No. 89-609 of 1 September 1989 and No. 89-613 of 1 September 1989 above and of the health framework diploma or equivalent certificate within the meaning of Article 2 of the Decree No. 95-926 of 18 August 1995 establishing a health framework diploma, having exercised in the bodies concerned or equivalent of the private sector for at least five years full-time or five years of full-time equivalent, for 10 % Open positions.
The positions offered to each of these two competitions which would not have been filled by the appointment of the candidates in the corresponding competition can be awarded to the candidates in the other competition. This deferral cannot result in the number of positions offered in the closed competition being less than two-thirds of the total number of positions available in both competitions.
A minister responsible for health determines the composition of the Selection board and procedures for organizing competitions.
The Health Executive Body includes the Health Framework Grade Has 8 levels and the rank of senior health executive with 6 levels.
Health Framework Agents Exercise:
1 ° Functions corresponding to their qualification and to supervise teams in the functional units, services, departments or federations of establishments;
2 ° Common missions to several services or Project manager within the institution;
3 ° Coaching functions corresponding to their qualification in training institutes and schools belonging to public health institutions preparing for the different branches of the Nursing, rehabilitation and medico-technical occupations. In this case, they take part as trainers in theoretical and practical teaching and in the training of students and students. They shall take part, where appropriate, on panels established in the context of the functioning of the institutes or schools.
The Officers of the rank of senior health care practice:
1 ° Functions corresponding to their qualification and consisting of frameworks of functional units, services, departments or federations of establishments, to exercise supervision Services, departments or federations, taking account of the activities, techniques or personnel of the staff of these structures;
2 ° Common missions to several services or project representatives within the institution;
3 ° Coaching duties in relation to their qualifications, in training institutes and schools in public health institutions that prepare for the various branches of the nursing, rehabilitation and medico-technical professions or the A health framework diploma when health professional training institutes are accredited for their original qualification. In this case, they take part as trainers in theoretical and practical teaching and in the training of students and students. They shall take part, where appropriate, on panels established in the context of the functioning of the institutes or schools.
Duration Of the traineeship provided for in Article 37 of the aforementioned Law of 9 January 1986 shall be twelve months. It may be extended, on an exceptional basis, for a period not exceeding twelve months, by the Appointing Authority. Ownership is given by the same authority.
An officer who cannot be a confirmed official is either reinstated in his or her body of origin if he or she is a hospital official, or made available to his or her administration if he or she is a civil servant. The State or territorial official, or dismissed.
The period of time taken as a trainee shall be taken into account only within the one-year limit.
For the duration of the traineeship, officers shall be appointed and classified at the 1st step of the health framework grade or in that grade at the level with an index equal to or immediately above The one they held in their bodies, jobs or employment of origin.
When this classification mode does not provide them with an increase in salary equal to or greater than that which they would have obtained through a step-up in their Previous situation, they retain the seniority of the level acquired in their previous rank within the limit of the average length of service required for a step advance in their new grade.
The named agents, when they reached The terminal step of their previous grade, retain their seniority of step under the same conditions and limits, where the increase in salary resulting from their appointment is less than that resulting from the last increment In the original grade.
Health executives who, prior to their recruitment, were employed and paid, in Duties corresponding to those of the degree in which they are established, as civil servants or public officials in a public care institution or in a public social or medico-social institution or as an employee in a Establishment of private care or in a private social or medico-social institution or in a laboratory of medical biology analyses or a practice of radiology, benefit from a recovery of seniority equal to all the services Performed.
They must justify, on the one hand, the diplomas and qualifications required for the performance of those duties and, on the other hand, the duration of the services to be taken into account which is assessed in full time equivalent. The application for a return of seniority, together with all supporting documents, must be submitted within six months from the date of the appointment.
In the Health Framework grade, the average age giving access to the top level is one year in the 1st step, two years in the 2nd and 3rd Levels, three years in the 4th and 5th levels and four years in the 6th and 7th echelons.
Frame Rank Superior health shall be accessible by professional competition under the conditions laid down in Article 69 (3) of the aforementioned Act of 9 January 1986, which shall be open, in each institution, to health officials with at least three years of effective service In the grade of health care setting or in the rank of supervisor.
An order of the Minister responsible for health determines the composition of the selection board and the procedures for organizing the competitions.
The maximum duration and minimum duration of time spent in each step is equal to the average age plus or reduced by a quarter, respectively.
In the top rank of health, the average age giving access to the top level is two years in the 1st Level and three years in the 2nd, 3rd, 4th and 5th levels.
For the purposes of section 10 above, are not The services taken into account in respect of the seniority subsidy referred to in Article 8 of this Decree shall be regarded as effective services in the body of health professionals.
The competitions provided for in Article 2 (2) above shall be open to candidates forty-five years of age not more than 1 January The year of the competition. This age limit is removed or removed under the conditions laid down in the existing laws and regulations.
The notices of commencement of the competitions provided for in Article 2 shall be published by posting on the premises of the establishment in which the jobs are to be filled and in those of the prefectures and sub-prefectures of the region in Which is situated the establishment, as well as by insertion in the collections of administrative acts of the prefectures of the departments of the region. A period of two months shall be given to the persons concerned from the date of publication of the notice to apply to the authority which opened the competition.
Notice of the opening of competitions provided for in Article 10 for the recruitment of senior health officials shall be published in the Official Journal of the French Republic by the Minister Responsible for health. A period of two months shall be given to the persons concerned from the date of publication of the notice to apply to the authority which opened the competition.
Can be detached into the body and grade of health framework, equal or immediately above, employees belonging to a classified employment, body or employment framework In the same category, performing work of equal value, justifying diplomas and qualifications required to be recruited into the body of health professionals, holders of a grade or employment with a terminal gross index of at least 780.
The Seconded officials shall retain, within the period of the average length of service required for the advancement of a step in their new rank, seniority acquired in their previous rank, where the secondment does not provide them with a Greater than that which would have resulted from the advancement of a step in their employment, body or employment of origin.
seconded officials contribute to the advancement of echelon and grade with civil servants. They may, after two years, be integrated, upon their request, into the body of health professionals after the opinion of the Joint Administrative Committee. Integration shall be pronounced by the appointing authority, in the level attained in the grade of health framework with the retention of seniority acquired at the level.
Agents belonging to the health management body can, with their agreement, be made available to a state administration.
I.-provisionally, from 1 January 2002 until 31 December 2003, Grade:
-Nurse Supervisor, Medical Services Supervisor, Medical Services Supervisor, Anesthesiologist, Medical Services Supervisor and Medical Services Supervisor ;
-a pedicure-podiatrologist supervising medical services, massage therapist, medical services, occupational therapist supervising medical services, psychomotrician medical services supervisor, speech therapist Supervisor of medical, orthoptist, medical and dietician supervision of medical services;
-hospital pharmacy preparer supervisor, supervisor and supervisor Supervisory medical electroradiology manipulator, is an interim grade with seven steps.
II. -The average seniority for access to the higher level of the provisional supervisor rank is as follows:
You can consult the table in OJ
No 1, 01/01/2002, page 38 to 41
III. -As from 1 January 2002, the supervisors defined above shall be reclassified in the provisional grade of step-identity supervisor by retaining the seniority of the echelon.
I.-Effective January 1, 2002, the incumbent and degree trainees:
-Nurse Supervisor-Medical Services Head, Operating Block Nurses Supervisor-Chief of Medical Services, Anesthetist Anesthesiologist-Chief of Medical Services and Supervisor of Medical Services;
-Pedicure-podologist-Chief of Medical Services, of Physiotherapist-supervisor-chief medical officer, occupational therapist-chief medical officer, psychomotor-supervisor-head of medical services, speech therapist-head of medical services, speech therapist Supervisor-chief medical officer and dietician-head of medical services;
-supervisor-supervisor and medical electroradiology manipulator-leader,
are reclassified to the rank of Top health framework, according to the following table:
You can view the table in OJ
No. 1, 01/01/2002, page 38 to 41
The holders of the provisional supervisor level governed by the provisions of Article 19 above are reclassified in the health framework grade, According to the correlation table and schedule specified below:
You can view the table in OJ
No. 1 of 01/01/2002 page 38 to 41
The reclassification is done by list Ability:
-from January 1, 2002, to December 31, 2003, on January 1 of each year, within the third-party limit of the provisional supervisor's strength;
-effective January 1, 2004, for the entire workforce The provisional degree of supervisor.
By way of derogation from Article 2, officers who have passed the planned professional examination To the 2 ° of Article 29 of the Decree of 30 November 1988 referred to above, to the 2 ° of Article 44 of Decree No 89-609 of 1 September 1989, and to the 2 ° of Article 30 of Decree No 89-613 of 1 September 1989 referred to no later than 31 December 2001, shall be Exempted from the holding of the health framework diploma in order to run in the competition on securities provided for in Article 2.
For the purposes of Article 16 ter of the Decree of 9 September 1965, and for the Supervising Supervises, the assimilations provided for the new processing indices referred to in Article 15 of the Decree shall be carried out According to the following table:
You can view the table in the OJ
n ° o 1 of 01/01/2002 page 38 to 41
Pensioners' pensions before the intervention of the Provisions above and those of their successors in title shall be revised, as from 1 January 2002, under the conditions laid down above.
For the purposes of Article 16 ter of the Decree of 9 September 1965 referred to above and for Supervisors of the provisional grade, the assimilations provided for in order to fix the new processing indices referred to in Article 15 This order is made in accordance with the following table:
You can consult the table in OJ
n ° o 1 of 01/01/2002 page 38 to 41
Pensioners' pensions before The intervention of the foregoing provisions as well as those of their successors in title shall be revised in accordance with the conditions set out above at the end of the operations for the reclassification of active staff, that is, from 1 January 2004.
Orders Nos. 91-1269, No. 91-1271 and No. 91-1273 of December 18, 1991, respectively, relating to the personal status of Re-education, nursing staff and medical-technical supervisors are being repealed.
The Minister The Minister for Economic Affairs, Finance and Industry, the Minister for Employment and Solidarity, the Minister for Health and the Secretary of State for the Budget shall each have responsibility for the implementation of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, 31 December 2001.
Lionel Jospin
By the Prime Minister:
The Minister of Employment and Solidarity,
Élisabeth Guigou
Minister of the Economy,
Finance and Industry,
Laurent Fabius
The Minister of Health,
Bernard Kouchner
Secretary of State at Budget,
Florence Parly