Decree No. 2001 - 1375 Of December 31, 2001, On The Special Status Of The Body Of The Hospital Public Service Health Management

Original Language Title: Décret n° 2001-1375 du 31 décembre 2001 portant statut particulier du corps des cadres de santé de la fonction publique hospitalière

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
An implementing Decree No. 2001-1369 of December 31, 2001, relative to the entry into force of decrees and orders order of 19 April 2002 fixing the composition of juries and how to organize contests on securities giving access to the body of managers of Health decree of 19 April 2002 fixing the composition of juries and how to organize contests on securities giving access to the body of managers of health summary under section 5 of the Law 86-33 of the 9 January 1986 and 16 ter of Decree 65-773 September 9, 1965.Pour better recognize leadership, who meet in a hospital, requirements and responsibilities, as well as the involvement of executives of a nurse, rehabilitation and medical sectors, in institutional facilities projects and their animation and coordination role, it is created a new body of health with a career development frameworks and specific indexed grids. The Protocol Agreement on March 14, 2001, signed by the Government with five unions on the professional courses in the public hospital service has recorded the creation of this body classified in category A in which are integrated supervisors and supervisors-heads of the concerned sectors. This body is created in 2 ranks and with keeping active category for professions currently benefiting. The decree which carries special status of health management provides, in respect of the trades of the employment frameworks, which correspond to the various qualifications nurses, rehabilitation and medical professions and internal recruitment open to agents of the hospital public service and external recruitment open to executives of private-sector health; in both cases candidates must be holders of the diploma of health framework or equivalent: the integration of current frameworks will be carried out, the first year, for supervisors, managers, and three years for supervisors, by list of suitable candidates, whether or not they are holders of the diploma of master of health or certificate frame, with passage of all managers not reclassified the first year in a grade interim waiting to index unchanged in the new class body in category a. this text comes so define the statutory terms of the new body of health management. Article 1: sets the body of managers of health, class to class A, according to the Filieresarticle 2: defines the procedures for recruitment by competition on domestic securities (90%) and external (10%) of executives of Santearticle 3: defines the structure of career in two gradesArticle 4: defines the functions of the health of the 1st rank of the corpsArticle framework 5: defines the functions of the health framework in the second rank of the corpsArticles 6 and 7 : set the terms of the statutory training and appointment in the corpsArticle 8: defines the procedures for recovery of seniority of executives based on services performed prior to their recrutementArticle 9: sets out procedures for step in the framework of Santearticle 10 rank: fixed access to second grade, through the professional contest on titresArticle 11: defines the minimum and maximum durations in each Echelonarticle 12 : sets out procedures for step in the framework of health Superieurarticle 13 rank: says not taking account of the recovery of seniority for the avancementArticles 14, 15 and 16: define the terms open and advertising of the competition and the requirements in terms of age at the time of recruitment in the corpsArticle 17: details of detachment in the body and the rank of Santearticle 18 framework : includes provision of executives of health from an administration of EtatArticle 19: establishes a provisional rank of supervisor for the period of January 1, 2002 to December 31, 2003, fixed the average in each of the steps of this provisional rank, the conditions of reclassification in this same gradeArticle 20: fixed for managers supervisors table of correspondence for the reclassification in the 2nd rank of the body of health management from 1 January 2002Article 21: fixed the table allowing holders of the rank of provisional supervisor be reclassified by the list of suitable candidates, in the 1st grade of the body of health framework, the proportions of the workforce to be reclassified and the following timetable which is this reclassementArticle 22: waiver officers having passed the professional examination scheduled by the Decree 88-1077 of November 30, 1988 amended (nursing) and 89-609 (physiatrists) decrees and 89-613 (medico-techniques) of 1 September 1989 amended , the detention of the diploma of health framework to attend the competition on titles set by article 2-(1) Articles 23 and 24: provide for revision of pension of retirees belonging to the ranks of Chief supervisor and supervisor as well as their effective date. On 18 December 1991 modified repeal of decrees 91-1269, 1271-91 and 91-1273. Partially repealed text: art. 14 keywords EMPLOYMENT, SOLIDARITY, PUBLIC HOSPITAL, OFFICIAL HOSPITAL, HOSPITAL STAFF, FUNCTION of SUPERVISION, HOSPITAL, INDUSTRY, STAFF NURSE, NURSE, STAFF OF REHABILITATION, A MEDICO-TECHNICAL STAFF, HEALTH FRAMEWORK, CATEGORY, STATUS, SENIORITY, RECRUITMENT, CONTEST, CONTEST ON TITLE, CONTEST INTERNAL, EXTERNAL COMPETITION, COMPENSATION, TREATMENT, INDEX, STAGGERING INDICIAIRE, ADVANCEMENT, IMPROVEMENT OF CAREER links subsequent Decree No. 2003-1269 of 23 December 2003 amending Decree No. 2001-1375 the 31 December 2001 special body of managers of service health status public hospital JORF n ° 1, January 1, 2002 page 38 text no. 18 DECREE Decree No. 2001-1375 of December 31, 2001, on the special status of the body of the hospital public service NOR health executives: MESH0124158D ELI: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/MESH0124158D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2001/12/31/2001-1375/jo/texte Prime Minister On the report of the Minister of employment and solidarity, given the Act No. 83-634 of 13 July 1983 modified rights and obligations of officials;
See Act No. 86-33 January 9, 1986 amended statutory provisions on the hospital public service, notably article 5;
See Decree No. 65-773 of September 9, 1965 amended relating to the pension plan officials affiliated to the national pension plan of local officers, and in particular its article 16 (b);
See Decree No. 88 - 1077 November 30, 1988, amended with particular statutes of the nursing staff of the hospital public service;
Seen the Decree No. 89-609 September 1, 1989 amended particular statutes of the rehabilitation of the hospital public service personnel;
Seen the Decree No. 89-613 of September 1, 1989, amended special status of medical personnel of the hospital public service;
Considering the opinion of the High Council of the function public hospital dated September 20, 2001;
The Council of State (social section) heard, decreed: TITLE I: GENERAL PROVISIONS Article 1 this decree applies to executives of health functions in establishments referred to in article 2 of the Act of 9 January 1986 referred to above which constitute a body classified in category A.
The body of health management includes according to their training: (1) in the nursing sector:-nursing executives of health;
-operating room nurses health frameworks;
-nurses anaesthetists executives of health;
-nursery managers of health;
(2) in the rehabilitation sector:-some podiatrists-podiatrists executives of health;
-masseurs-physiotherapists executives of health;
-occupational therapists executives of health;
frames-occupational health;
-SLT managers of health;
-orthoptists executives of health;
-dieticians executives of health;
(3) in the medical sector:-preparers in hospital pharmacy health management;
-laboratory technicians executives of health;
-manipulators of medical électroradiologie health management.


Article 2 health executives are recruited following a contest on securities open in each facility: (1) contest open to the holders frame of health or equivalent certificate diploma candidate, internal securities under the body governed by the decrees of November 30, 1988, no. 89-609 of 1 September 1989 and no. 89-613 of September 1, 1989 above cash, on January 1 of the year of the competition, at least five years of effective service in one or several of the aforementioned bodies, 90 percent of these positions;

(2) competition on external securities open to candidates degrees or securities required to be recruited in the body governed by the decrees of November 30, 1988, no. 89-609 September 1, 1989 and September 1, 1989, no. 89-613 above and degree of health framework or equivalent certification within the meaning of article 2 of Decree No. 95-926 of 18 August 1995 on the establishment of a framework of health degree having served in the concerned body or equivalents in the private sector for at least five years full-time or five years of full-time equivalent, for 10% of open positions.
Positions offered at each of these two competitions which have not been filled by the appointment of candidates to the relevant competition can be attributed to the candidates in the other competition. This report cannot have the consequence that the number of positions available to the internal competition may be less than two thirds of the total number positions in both contests.
An order of the Minister responsible for health fixed the composition of the jury and the format of the competition.


Article 3 the body of health management includes the rank of health framework with 8 levels and the rank of senior health with 6 levels.


Article 4 officers of the rank of health framework shall: (1) to the corresponding to their qualification and functions to manage teams in functional units, services, departments or institutions federations;
(2) common to several services assignments or project within the institution;
(3) management positions corresponding to their qualification in the institutes of training and schools of public health institutions that prepare for the different branches of nursing, rehabilitation and medical professions. In this case, they take part in quality of trainer to theoretical and practical teaching and training of students. They take part, as appropriate, to juries made up as part of the operation of the institutes or schools.


Article 5 the rank of senior health officers shall: (1) of the functions corresponding to their qualification and to frame frames of functional units, services, departments, or federations of schools, to exercise leadership of services, departments or federations, given the business, technical or personnel of the staff of these structures;
(2) common to several services assignments or project within the institution;
(3) management positions corresponding to their qualification in training institutes and schools of public health institutions which prepare for the different branches of nursing, rehabilitation and medical professions or the degree of health framework when training for managers of health institutions are approved for their qualification of origin. In this case, they take part in quality of trainer to theoretical and practical teaching and training of students. They take part, as appropriate, to juries made up as part of the operation of the institutes or schools.


Article 6 the period provided for in article 37 of the above-mentioned law of 9 January 1986 is set to 12 months. It may be extended, on an exceptional basis, for a period which may not be longer than 12 months, by the appointing authority. Tenure is granted by the same authority.
The agent who can get tenure is either reinstated in his original body if it was hospital official, either set available to his administration if it was State or territorial official, or licensee.
The period taken as a trainee is taken into account in seniority in the limit of a year.


Article 7 for the duration of the course, officers are named and classified at the 1st step of the grade of framework of health or in this rank at the level with an index equal to or immediately above that they held in their body, framework for jobs or jobs of origin.
When this mode of classification does not give them a pay increase equal to or greater than what they would have obtained by an advancement in step in their previous situation, they retain seniority level gained in their previous rank within the limit of the length of the average seniority required for advancement to level in their new rank.
The named officers, while they reached the terminal step of their previous grade, retain their seniority level under the same conditions and limits, when the increase in treatment following their appointment is less than that resulting from the latest advancement in step in the rank of origin.


Article 8 health executives who, prior to their recruitment, have been employed and paid, in functions corresponding to those of the rank in which they are tenure, as official or public official in a care facility public or in a public social or medico-social or employee in an establishment of private care or in a social or medico-social institution as private or in a medical biology analytical laboratory or office Radiology, benefit from a recovery of service equal to all of the services performed.
They must justify, on the one hand, diplomas and titles required for the exercise of such functions and, on the other hand, the duration of the services to take into account who is popular in full-time equivalent. Demand for recovery of seniority, together with all supporting documents, must be submitted within a period of six months from the date of the appointment.

TITLE II: PROGRESS Article 9 in the rank of health framework, the average seniority giving access to the upper echelon is a 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 levels.


Article 10 the rank of senior health is accessible by professional contest under the conditions provided for in article 69 (3) Act of 9 January 1986, opened, in each institution, managers of health with at least three years of effective service in the rank of health framework or the rank of supervisor.
An order of the Minister responsible for health fixed the composition of the jury and the format of the competition.


Article 11 the maximum and the minimum duration of time spent in each level are respectively equal to the average tenure increased or reduced by a quarter.


Article 12 in the grade of senior health, the average giving access to the upper echelon is two years in the 1st level and three years in the 2nd, 3rd, 4th and 5th levels.


Article 13 for the purposes of article 10 above, are not considered effective services in the body of health management services taken into account in respect of the bonus of seniority referred to in article 8 of this Decree.

TITLE III: PROVISIONS Article 14 MISCELLANEOUS competitions referred to in article 2 (2) above are open to candidates who 45 years on 1 January of the year of the competition. This age limit is remote or removed in accordance with the legislative and regulatory provisions in force.


Article 15 notice of initiation of the competitions referred to in article 2 are published by display in the premises of the institution where the jobs exist and in those of the prefectures and sub-prefectures of the area in which is located the establishment, as well as by adding to the collections of acts of administration of the prefectures of the departments of the region. A period of two months is allotted to interested parties from the date of publication of the notice to apply to the authority which has opened the contest.


Section 16 notices of competition referred to in article 10 for the recruitment of senior officials of health are published in the Official Journal of the French Republic by the Minister responsible for health. A period of two months is allotted to interested parties from the date of publication of the notice to apply to the authority which has opened the contest.


Article 17 can be detached in the body and the rank of health framework, to index equal or higher, officials belonging to a framework for jobs, body or job class in the same category, equivalent functions, justifying diplomas and titles required to be recruited in the body health management, a degree or job which the terminal gross index is at least equal to 780.
Seconded officials maintain, within the limit of the length of the average seniority required for advancement to level in their new rank, seniority level gained in their previous rank, when the detachment does not provide a benefit greater than that which would have resulted from an advancement in step in their framework for jobs, body or use of origin.

The seconded officials compete for advancement level and rank with the officials of the body. After two years, these can be integrated, at their request, in the body of health management after consultation of the administrative board. Integration is pronounced by the appointing authority, in the level reached in the rank of health framework with conservation of the seniority acquired in the level.


Article 18 agents belonging to the body of managers of health can be, with their agreement, made available to a State administration.

TITLE IV: PROVISIONS TRANSITIONAL Article 19 I. - A, provisionally from 1 January 2002 until 31 December 2003, the grade:-nursing supervisor medical services, operating room nursing supervisor medical services, nurse anesthetist monitoring medical services and nursery supervisor medical services;
-pedicure-chiropodist Superintendent of medical services, physiotherapist supervisor of services medical, occupational therapist supervisor of medical services, of psychomotrician for speech language pathologist supervisor of medical services medical services supervisor, orthoptist monitoring medical and dietitian supervisor of medical services;
-preparer in hospital pharmacy supervisor, technician laboratory supervisor and manipulator of électroradiologie medical monitoring, is a provisional grade with seven levels.
II. - The average seniority for access to the upper echelon of the provisional rank of supervisor is fixed as follows: you can consult the table in the OJ n ° o 1 from 01/01/2002 page 38 to 41 III. -A count of 1 January 2002, supervisors defined above are reclassified in the provisional rank of supervisor at identity level maintaining seniority level.


Article 20 i. - As of January 1, 2002, agents and trainees from the ranks:-nursing supervisor-Chief of medical services of nurse block operation Supervisor-Chief of medical services, nurse anesthetist Supervisor-Chief of medical services and nursery supervisor-chief medical services;
-of pedicure-chiropodist supervisor-head of medical services, physiotherapist Supervisor-Chief of medical services, occupational therapist supervisor-head of medical services, psychomotrician Supervisor-Chief of medical services, speech-language pathologist Supervisor-Chief of medical services, orthoptist Supervisor-Chief of medical services and dietician Supervisor-Chief of medical services;
-of technician of laboratory supervisor-leader and manipulator of électroradiologie medical Supervisor-Chief, are reclassified in the rank of senior health, according to the specific following correspondence table: you can consult the table in the OJ n ° o 1 from 01/01/2002 page 38 to 41 Article 21 holders of the rank of provisional supervisor governed by the provisions of article 19 above are reclassified in the rank of health framework According to the mapping table and the calendar below specific: you can consult the table in the OJ n ° o 1 from 01/01/2002 page 38 to 41 the reclassification is made by list of suitable:-from 1 January 2002 until 31 December 2003, on 1 January of each year, within the limit of one third of the membership of the provisional rank of supervisor;
-as of January 1, 2004, for the full membership of the provisional rank of supervisor.


Article 22 by derogation from article 2, the agents who have passed the professional examination provided for in article 29 of Decree of November 30, 1988, referred to above, to the 2 ° of article 44 of Decree No. 89-609 September 1, 1989 referred to above and 2 ° of article 30 of Decree No. 89-613 of September 1, 1989 referred to above at the latest on 31 December 2001 2 are exempt from the detention of the diploma of health framework to attend the competition on securities provided for in the 1 ° of article 2.


Article 23 for the purposes of article 16 ter of Decree of 9 September 1965 referred to above and managers supervisors, assimilations planned to fix the new indices of treatment referred to in article 15 of the decree are carried out in accordance with the following table: you can consult the table in the OJ n ° 01/01/2002 page 1 o 38-41 pensions of retirees before the intervention of the foregoing provisions as well as those of their successors are revised as of January 1, 2002, under the above conditions.


Article 24 for the purposes of article 16 ter of the Decree of September 9, 1965, above and to the supervisors of the provisional rank, assimilations planned to fix the new indices of treatment referred to in article 15 of the decree are carried out in accordance with the following table: you can consult the table in the OJ n ° 01/01/2002 page 1 o 38-41 pensions of retirees before the intervention of the foregoing as well as those of their holders cause are revised in the conditions above at the end of the reclassification of active personnel, starting from January 1, 2004.


Article 25 decrees no. 91-1269, no. 91-1271 and on December 18, 1991, no. 91-1273 respectively on the particular status of rehabilitation personnel, nursing staff and medical personnel supervisors-heads are repealed.


Article 26 the Minister of economy, finance and industry, the Minister of employment and solidarity, the Minister for health and the Secretary of State for the budget are loaded, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.

Done at Paris, on 31 December 2001.
Lionel Jospin by the Prime Minister: the Minister of employment and solidarity, Élisabeth Guigou the Minister of economy, finance and industry, Laurent Fabius, the Minister responsible for health, Bernard Kouchner the Secretary of State for the budget, Florence Parly

Related Laws