Decree n° 91-129 of January 31, 1991

carrying particular statute of the psychologists of the hospitable public function.

 

FUNCTIONS

TEXTS OF BASIS

ORDERING OF THE EMPLOYMENT

EFFICIENT

RECRUITMENT

REMUNERATION

INDEMNITIES AND BONUSES

ADVANCEMENT

 

 

The Prime minister,

On the report of the minister of state, minister of the economy,, of the finances and the budget, of the minister of the social business and the, solidarity and of the delegated minister to the santé,Vu the law n° 70-1318 of the 31 December 1970 modified structural reform hospitalière ;Vu the law n° 75-535 of June 30, 1975 modified relative at the social institutions and médico-sociales ;Vu the law n° 83-634 of July 13 1983 modified structural rights and obligations of the fonctionnaires ;Vu the law n° 85-772 of July 25, 1985 carrying various arrangements of social order, and notably the article 44 ;Vu the law n° 86-33 of January 9, 1986 modified carrying relative articles of association to the function public hospitalière ; Seen the decree n° 65-773 of September 9, 1965 modified relative to the régime of retirement of the civil servants affiliated to the Case national of retirement of the agents of the local collectivities, and notably his/her/its article 16 three times ;Seen the decree n° 90-255 of March 22, 1990 fixing the list of the diplomas permitting to make professional use of the title of psychologist; Seen the decree n° 90-259 of taken March 1990 22 for application of the Him of the article 44 of the law n° 85-772 of structural July 1985 25 various arrangements of social and relative order to people authorized to make use of psychologist's title; Seen the opinion of the superior Council of the public function hospitable in date of June 11, 1990; The Council of state (social section) heard,

Enact :

Art. ler. - The present decree applies to the psychologists of the establishments mentioned to the article 2 of the law of aforementioned January 1986 9 who constitute a body classified in A. category

 

FUNCTIONS

- The psychologists conceive the methods and put in ¦uvre the middle and technical correspondent to the qualification descended of the formation that they received.

To this title they study and treat, through one clean professional gait, the reports, reciprocal between the psychic life and the behaviors individual and collective in order to promote the autonomy of the personality.

They contribute to the determination, to the indication and to the realization of actions preventive, assured by the establishments and collaborate to their therapeutic projects or educational so much on the individual plan that institutional.

They undertake cause or participate to all works, research or formations that the development requires, the realization and the assessment of their action.

Besides, they can collaborate to actions of formation organized, notably by the establishments mentioned to the article 1 of the decree n° 91.129 modified by the schools raising these establishments (art. 2 decree n° 91.129 of the 31 January 1991).

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TEXTS OF BASIS

- N decree' 91.129 of the 31 January 1991, structural particular statute of the psychologists of the, hospitable public function (OLYMPICS of February 2, 1991) modified by :

- Decree n° 93.317 of March 10, 1993 (OLYMPICS of March 12 1993).

- N decree' 94.331 of April 22, 1994 (OLYMPICS of April 28 1994).

- N decree' 91.130 of relative January 1991 31 to the ordering indiciaire of the psychologists of the public function hospitable (OLYMPICS of February 2, 1991).

- Decree n° 90.255 of March 22 1990 fixing the list of the diplomas permitting to say nothing about use professional of psychologist's title (OLYMPICS of March 23, 1990).

- Decree n° 90.259 of March 22 1990 steps for the enforcement of law n° 85.772 of structural July 1985 25 various arrangements of social and relative order to people authorized to make use of psychologist's title (OLYMPICS of March 23, 1990) modified by :

- Decree n° 93.536 of March 27, 1993 (OLYMPICS of the 28 my~ 1993). '

- Stopped of March 22, 1990, relative to the, composition of the regional commission and to the composition of the file mentioned to the articles respectively 4 and 5 of the decree n° 90.259 of March 22 1990 steps for the application of the Him of the article 44 of the law n° 85.772 of the 25 July 1985 (OLYMPICS of the 23 my ~ 1990) modified by :

- stopped of September 16, 1993 (OLYMPICS of September 25 1993).

- Stopped of relative January 1991 31 to the staggering indiciaire of the psychologists of the function public hospitable (OLYMPICS of February 2, 1991).

- Stopped of August 26, 1991 fixing the composition of the jury of the contests on stocks foreseen to the article 3 of the decree n° 91.129 of January 31 1991 structural statute particular of the Psychologists of the public function hospitable (OLYMPICS of September 10, 1991).

- Stopped of relative November 1991 4 to the functions allowing some staffs of the public function hospitable to make use of psychologist's title (OLYMPICS of the 7 January 1992).

Stopped of relative July 1992 3 to the compensatory indemnity foreseen to the article 18 of the decree n° 91.129 of January 31, 1991 (OLYMPICS of the 31 January 1991).

Stopped of relative April 1994 22 to the stocks required for the access to the contests on stocks of psychologist of the hospitable public function (OLYMPICS of the 28 downstream 1994), modified by the decree of August 26 1994 (OLYMPICS of September 17, 1994).

Letter of October 25, 1992 concerning the interpretation of one disposition appearing at the article 17 of the decree n° 91.129 of January 31, 1991 (B.O. MAY 92/3).

Circular DH/FH3/92 n° 23 of June 23 1992 relative to the application of the decree n° 91.129 of January 31 1991 structural particular statute of the psychologists of the hospitable public function.

Circular DG3/PS3 n° 81 of relative December 1993 21 To the application of the decree n° 90.259 of March 22 1990 for the application of the Him of the article 44 of the Id n° 85.772 of July 25 1985 structural various arrangements of social order and relative to the authorized people, to make use of the, title of psychologist (B.O. MASSV 94/2).

 

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ORDERING OF THE EMPLOYMENT

- 1st rank of the body of the psychologists

- Hierarchical level: category HAS

- C.N.R-A.CL: category HAS

- Commission administrative equal N° 1 - group 2, subgroup 2.

 

EFFICIENT

- No quota

RECRUITMENT

-- By contest on stocks opened by the prefect of region for one or several establishments of the same region, opened to the titular candidates of one of the, following diplomas :

- License or mastery in psychology. Besides, the candidates should justify the obtaining of one of the diplomas of study specialized in psychology or one of the stocks appearing on a fixed list by stopped of Health minister,

- Foreign diplomas recognized equivalent to the mentioned diplomas above in the conditions fixed by the article 1 (2 ~) of the decree n° 90.255 of the March 22, 1990,

- diploma of psychology delivered by the school of the psychologists practitioners of the Catholic institute of Paris.

- The age limit is fixed to 45 years or more to January 1 of the year of the contest.

- The recruiting opinions by contest are published to the Official Journal of the Republic French.

REMUNERATION

Under construction

 

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INDEMNITIES AND BONUSES

- Bonus of service.

- Special vassalage indemnity (13 hours).

 

ADVANCEMENT

- Of echelons: to see general arrangements.

- Bonus granted at the time of the nomination in the use equal to the totality of the services accomplished in a public corporation or paved before their recruitment in an establishment of the public function hospitable.

Promotion

- To psychologist's rank out class, by choice, by enrollment on a yearly picture of established advancement after opinion of the Equal Administrative Commission for the psychologists of normal class having reached the 7° echelon..

- To the rank of director of 2eme classifies, by enrollment out of one list of faculty, subject to have reached the indication of treatment at least equal to the indication of beginning of career (raw indication 671) and to have accomplished 7 years of service in A. category

The enrollment on this list is limited to 5% of the places offered the theoretical and convenient formation cycle of the leading pupils of 3° classifies.

 

 

 

Circular DH/FH3/92 n°23 of June 23, 1992

Relative to the application of the decree of January 31 1991 structural statute particular of the Psychologists of the Public Function Hospitable

 

DISTRIBUTION OR WEEKLY SERVICE TIME

As the set of the agents being a matter for the IV title of the statute general of the civil servants, the psychologists are subject to a weekly obligation of work of 39 hours (cf. order n° 32.272 of March 26, 1982).

He/it is right to observe that the psychologist's functions made the object of a definition to the article 2 of the Decree of January 31, 1991. They collaborate to the therapeutic project or educational of the service (or department) or of the establishment that includes two aspects :

a) A clinical function that can address to people and the groups. The setting in ¦uvre of these actions individual makes call to the methods, middle and technical, corresponding to the qualification descended of the formation received by the psychologists.

This junction that exercises itself intra in the setting of the structures and extra hospitable includes, otherwise, an approach global of the welcomed person. In this sense, the psychologist has one function of prevention. He/it contributes to the analysis and to the planning of the reports between the person welcomed, the professionals and the environment, encouraging thus, a good joint of the different interventions.

b) A function of formation, information and research.

The psychologist must to actualize his/her/its formation on the evolutions of the methods and knowledge. All facilitated must be given him to permit this formation and. notably, to make possible the follow-up of teachings or formations, if the case arises outside of the establishment.

To the terms of the paragraphs 3 and 4 of the article 2 of the decree of aforementioned January 1991 31, and for to assume his/her/its clean professional gait, for to elaborate, to achieve and to value way continue his/her/its action, the psychologist does a gait personal that understands the following elements :

- work of assessment taking in account his/her/its own personal dimension, done by mutual assessment, or by all other specific method.

- actualization of his/her/its knowledge concerning the evolution of the methods and the scientific information.

- involvement, impulse, realization and communication of works of research.

Besides, he/it can, if the case arises, to participate and to collaborate to actions of formation, notably nearby of the staffs of the establishments aimed to the article 2 of the IV title and by the schools or centers of formation that there is connected.

He/it can also be charged of the welcome of students in psychology doing a hospitable practicum.

The psychologists dedicate two third of the length weekly of service to the activities mentioned to the a1 above and a third to those mentioned to the b.

For the realization of the activities understood in the b 1 all easiness must be given, being observed that the management of the content of this sequence is a matter for the psychologist, even though it owes some to give account in the administration of his/her/its establishment.

The estimable pictures of service must respect the two sequences so definite, one and the other understanding inherent functions to the professional gait clean to the psychologist.

In accordance with the rules in force, the psychologist has the obligation to dedicate the entirety of sound professional activity to the tasks that are to him confided. This obligation bars the exercise of a double professional activity subject to plurality of employers. To this consideration, the, recommendations of the circular n° 24,3/DH/4 of July 20, 1976 encouraging, if the case arises, the recourse to this recruiting particular mode keeps all their range. I finally recall that the only exceptions authorized to the rule of interdiction of the exercise of a double professional activity result from the regulation on the heaps (executive order of October 29, 1936 modified). These authorizations are granted by the authority invested of the power of appointment.

lV NOTATION

In application of the article 65 of the IV title of the statute of the Public function, the authority invested of the power of nomination is competent to proceed to the notation of the psychologists. In the waiting of the decree application anticipated to this article, the arrèté of May 6, 1959 stays temporarily some vigor. He/it will agree that she/it takes the opinion of the previously only department heads (or of department) and possibly, of the director of the establishment. He/it is specified that the criterias to take some consideration for the determination of the note numbered yearly must hold account of the observations formulated at 1 has) 2° above in matter of appreciation of the practicum.

 

 

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