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Summary
Application of Council Directives 78 /686/EEC of 25 July 1978 amended with a view to the mutual recognition of diplomas, certificates and other qualifications of dental practitioners with measures intended to Facilitate the effective exercise of the right of establishment of the freedom to provide services; 85/433/EC of the Council of 16 September 1985 on the mutual recognition of certificates and other titles in pharmacies containing measures intended for To facilitate the effective exercise of the right of establishment for certain activities; 93 /16/EEC of the Council of 5 April 1993 amended to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and others Titles; of Law 99-641 of 27 July 1999, in particular Articles 60 and 61.The provisions of Decree 99-517 of 25 June 1999 set out the conditions for access to the national health care practitioner competition which has the sole purpose of To draw up a list of aptitude for the winners to integrate the bodies of hospitals.In accordance with the European directives on the free movement of doctors, pharmacists and the mutual recognition of European Union nationals must have access to this competition under the same conditions. The European directives had not been transposed, in law, and taken up by the decree organising the The drafting of the proposed text is based on a strict reading of European regulations and the Code of Public Health. This decree guarantees the equal treatment of all candidates. These measures will have to facilitate the recruitment by hospitals, of health professionals, whether they are French nationals, European nationals or who benefit from the provisions Exemption for the exercise of health professions. Replacement of ss. 2 (2 °), 4, 7 (al. 2, 3), repeal of ss. 5 and 6 of Order 99-517 of 25-06-1999.
Keywords
EMPLOYMENT , SOLIDARITE , PUBLIC HEALTH ESTABLISHMENT , HOSPITAL ESTABLISHMENT , ORGANIZATION , PRACTITIONER , RECRUITING , COMPETITION , APTITUDE LIST , CANDIDACY , CANDIDATE , COMMUNITY NATIONAL , A NATIONAL , PRACTISING THE PROFESSION , MEDECIN , DENTAL SURGEON , PHARMACIST , DIPLOME , TITLE REQUIRED
JORF No. 24 of 29 January 2002 Page 1922
Text #7
DECRET
Decree n ° 2002-116 of 28 January 2002 amending Decree No. 99-517 of 25 June 1999 organizing the national health care practitioner competition NOR: MESH0124522D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/1/28/MESH0124522D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2002/1/28/2002-116/jo/texte
The Prime Minister,
On the report of the Minister of Employment and Solidarity,
In the light of Council Directive 78 /686/EEC of 25 July 1978 amended to Mutual recognition of diplomas, certificates and other qualifications of dental practitioners with measures to facilitate the effective exercise of the right of establishment of the freedom to provide services;
Given the Directive 85 /433/EC of the Council of 16 September 1985 on the mutual recognition of certificates and other titles in pharmacies and containing measures designed to facilitate the effective exercise of the right of establishment for certain activities;
Council Directive 93 /16/EEC of 5 April 1993 amended to facilitate the free movement of doctors and the mutual recognition of their diplomas, certificates and other qualifications;
Given the code of public health;
In view of Act No. 99-641 On 27 July 1999 establishing universal health coverage, and in particular Articles 60 and 61 thereof;
In light of Decree No. 99-517 of 25 June 1999 organizing the national competition of practitioners of public health institutions;
The Council State (social section) heard,
Describes:
Item 1
The 2 ° of Article 2 of the decree of 25 June 1999 is replaced by the following:
" 2 ° Complete the conditions required for the practice of the profession of doctor, dental surgeon or Of a pharmacist referred to in articles L. 4111-1 and L. 4221-1 of the Public Health Code.
In addition, for the registration in biology, surgery, medicine, radiology and psychiatry, are required:
-either the diploma or certificate of Specialization of the qualifying postgraduate specialty;
-the equivalency of the qualifying third-cycle specialty certificate corresponding to the specialty applied for by order of the Minister Responsible for universities;
-the qualification issued by the professional order, corresponding to the competition specialty when the applicant does not hold a degree or certificate in the applicant's specialty; or
-a degree, Certificate or other specialist title issued by one of the States Party to the Agreement on the European Economic Area.
Where there is no diploma, certificate or other title corresponding to one of the specialities offered in the competition, an order of the Minister of Health and the Minister responsible for Universities set the conditions for enrolment in this specialty. " Item 2
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Section 4 of the Order is replaced by the following:
" Art. 4. - Type II tests shall consist of anonymous written tests of practical knowledge, an oral examination and a file examination of the titles and works and the services rendered. They are open to practitioners other than those referred to in section 3 of this Order, namely:
1 ° To physicians, pharmacists and dental surgeons, who hold a degree, certificate or other specialty authorizing The exercise of one of the specialties of the following disciplines: biology, surgery, medicine, psychiatry, radiology and medical imaging, pharmacy and odontology; no conditions of exercise duration are effective against them;
2 ° To physicians General practitioners having at least two years of actual practice of the profession, under conditions laid down by order of the Minister responsible for health and the minister responsible for universities; these doctors shall exclusively contribute to the title of medicine General;
3 ° to dental surgeons with at least three years of actual practice; this period of exercise is not effective against former internal odontology;
4 ° To pharmacists with a minimum of five years Exercise of the profession;
5 ° To the doctors and pharmacists registered on one of the lists of proficiency mentioned in Articles 60 and 61 of Act No. 99-641 of 27 July 1999, subject to the conditions for the exercise of the Profession in France laid down in Articles L. 4111-1 and L. 4221-1 of the Code of Public Health; no conditions of duration of exercise are binding on them. "
Item 3
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The second and third paragraphs of section 7 of the Order are replaced by the following:
" Candidates compete in the discipline or specialty corresponding to one of the degrees Or to the ordinal qualification held referred to in Article 1 of this Decree.
The practitioners referred to in Article 2 of this Decree shall contribute to the discipline or speciality corresponding to their entry on the list
Candidates may not run for this competition more than four times and, for the same year, only one type of test. "
Item 4
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Sections 5 and 6 of the Order are repealed.
Item 5
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The Minister of Employment and Solidarity, the Minister of National Education and the Minister of Health are responsible for the execution of this Order, each of which will be published in the Official Journal of the French Republic.
Done at Paris, January 28, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Employment and Solidarity,
Élisabeth Guigou
Minister of National Education,
Jack Lang
Associate Minister of Health,
Bernard Kouchner
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