Unlicensed assistive personnel
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1°. Defining the activity
As part of a care team, the caregiver is a professional who assists the nurse in the day-to-day care activities. It contributes to the well-being of the sick, accompanies them in all the gestures of daily life and helps to maintain their autonomy. In collaboration with the nurse, and under his responsibility, the nursing assistant provides hygiene and comfort care.
To go further Appendix I of the october 22, 2005 decree on training leading to the State Nursing Diploma.
2°. Professional qualifications
a. National requirements
Persons with the State Nursing Assistant Diploma (DEAS), the Certificate of Fitness for Caregiver Or the Professional Nursing Diploma may practise as a caregiver.
To go further Article L. 4391-1 of the Public Health Code.
More often than not, the state diploma is prepared in ten months in a training institute.
The training is open to all persons over the age of seventeen who have passed the entrance competition at one of the training institutes, without any qualification requirements.
The state diploma can also be obtained by validation of the experience (VAE). The candidate must then justify professional skills acquired in the course of a salaried or voluntary activity, directly related to the content of the diploma. For more information, you can see official website VAE.
To go further 22 October 2005.
Costs associated with qualification
Training for the state nursing assistant diploma is paid for. Its cost varies according to the training institutes (from about 500 to 4,000 euros, as an indication). For more details, it is advisable to get closer to the training institute in question.
b. EU nationals: for temporary and occasional exercise (Freedom to provide services)
The national of a Member State of the European Union (EU)or party to the European Economic Area (EEA) agreement, legally established in one of these states may carry out the same activity in France on a temporary and occasional basis on the condition that it has sent a prior declaration of activity to the prefect of the department of the delivery.
If neither access nor training is regulated in the Member State of origin or the state of the place of establishment, the national must also justify having carried out this activity for at least the equivalent of two full-time years in the in the last ten years prior to the benefit.
The provider's professional qualifications are checked before the first service is provided. In the event of a substantial difference between the claimant's qualifications and the training required in France, which is likely to harm public health, the competent authority asks the claimant to prove that he has acquired the knowledge and skills compensation measures (see infra "Good to know: compensation measures").
In all cases, the European national wishing to practise in France on a temporary or occasional basis must possess the necessary language skills to carry out the activity and master the weight and measurement systems used in France. France.
To go further Articles L. 4391-4 and L. 4391-5 of the Public Health Code.
c. EU nationals: for a permanent exercise (Freedom of establishment)
EU nationals wishing to work as a permanent caregiver in France must obtain a licence to practise.
EU or EEA nationals may be allowed to practise in France if they have successfully completed a post-secondary education cycle and are holders, of their choice:
- a training certificate issued by an EU or EEA state in which access to the profession or its practice is regulated and which allows legal practice to be practised there;
- a training certificate issued by an EU or EEA state in which neither access to the profession nor its exercise is regulated, accompanied by a certificate justifying the exercise in that state of this activity for at least the equivalent of two years to full-time over the past ten years;
- a training certificate, issued by a third state, recognised in an EU or EEA state, other than France, allowing the profession to be legally practised there.
When the examination of professional qualifications reveals substantial differences in the qualifications required for access to the profession and its practice in France, the person concerned may be subjected, depending on his choice, to an test (see below"Good to know: compensation measures").
To go further Article L. 4391-2 of the Public Health Code.
3°. Conditions of honorability, ethical rules, ethics
Obligation of continuing vocational training
Caregivers are required to participate annually in an ongoing professional development program. This program aims to maintain and update their knowledge and skills as well as to improve their professional practices.
As such, the health professional (salary or liberal) must justify his commitment to professional development. The program is in the form of presentational, mixed or non-presential training. All training is recorded in a personal document containing training certificates.
To go further : decree of 30 December 2011 on the continued professional development of allied health professionals.
In the event of a liberal exercise, the caregiver is required to take out professional liability insurance. On the other hand, if he practises as an employee, this insurance is only optional. In this case, it is up to the employer to take out such insurance for its employees for the acts carried out on occasion.
5°. Qualification recognition process and formalities
a. Make a prior declaration of activity for EU nationals engaged in temporary and occasional activity (LPS)
Any EU or EEA national who is established and legally performs the activities of nursing aid in an EU or EEA state may exercise in France on a temporary and occasional basis if he makes the prior declaration.
If neither access nor the exercise of this activity is regulated in the EU or EEA State of practice, the person concerned must provide evidence of a professional exercise of at least two years full-time in the last ten years.
The person's professional qualifications are checked before the first service is provided. In the event of substantial differences between the person's qualifications and the training required in France, the claimant may be required to prove that he has acquired the missing knowledge and skills, including through compensation (see below: "Good to know: compensation measures").
The prior declaration of activity must be addressed, before the first performance, to the regional directorate of youth, sports and social cohesion (DRJSCS) in Hauts-de-France.
Renewal of pre-declaration
The advance declaration must be renewed once a year if the claimant wishes to make a new benefit in France.
The Minister responsible for health decides after the opinion of the committee on nursing assistants in the Hauts-de-France region. Within one month of receiving the statement, the Minister informs the individual that he or she may or may not begin the provision of services or that he must provide proof that he has acquired the missing knowledge and skills, including through compensation measures. The Minister may also, within one month of receiving the declaration, inform of the need for further information. In this case, the Minister has two months from receiving additional information to inform the person concerned that he may or may not begin his service delivery.
In the absence of a response from the Minister responsible for health within the aforementioned timeframe, service delivery may begin.
Delivery of receipt
The Minister responsible for health lists the health care provider on a particular list and sends him a receipt with his registration number. The claimant must then inform the relevant national insurance agency of its benefit by sending a copy of that receipt.
- the completed declaration form, the model of which is presented as an appendix to the March 24, 2010 order setting out the composition of the file to be provided to the relevant licensing commissions for the review of applications submitted for the fiscal year France of the professions of nursing assistant, childcare assistant and ambulance worker;
- Photocopying of an ID, to be completed with a certificate of nationality if necessary;
- photocopying of the training title (translated into French by a certified translator);
- a certificate from the competent authority of the EU State of Settlement or the EEA certifying that the person is legally established in that state and does not incur any prohibition of practising (translated into French by a certified translator).
To go further Articles L. 4391-4, R. 4391-5, R. 4331-12 to R. 4331-15 of the Public Health Code, order of 24 March 2010 above and order of 11 August 2010 appointing regional commissions to give notice of declarations of free provision of services for paramedics, nursing assistants, childcare assistants and paramedics.
b. Formalities for EU nationals for a permanent exercise (LE)
Asking for permission to practice
A national of an EU or EEA state must obtain an authorisation to be able to practise as a permanent caregiver on French territory.
The request must be addressed to the regional prefect of the person's place of settlement. The prefect issues the authorisation to exercise, after advice from the Committee of Caregivers.
The applicant must submit his application in duplicate by letter recommended with notice of receipt, accompanied by a complete file to the Regional Directorate of Youth, Sports and Social Cohesion (DRJSCS) of the place where he wishes to practice.
The regional prefect must acknowledge receipt within one month of receipt of the application accompanied by the full file. In the event of an incomplete file, the prefect must indicate the missing documents and the time frame within which they must be communicated to him.
If the prefect remains silent for four months after the application is received, the application for leave is considered rejected.
The supporting documents are:
- The application form for authorisation to practice the profession, the model of which is provided as an appendix to the order of March 24, 2010;
- A photocopy of a valid ID
- A copy of the training title allowing the profession to be practised in the country of obtainment;
- A copy of the additional diplomas if necessary;
- all useful documents justifying continuous training, experience and skills acquired during work experience in an EU state, EEA or third state;
- a statement by the competent authority of the EU State or the Establishment EEA, less than one year old, attesting to the absence of sanctions against the applicant;
- A copy of the certificates of the authorities issuing the training certificate specifying the level of training, the details of the lessons year by year and the content and duration of the internships carried out;
- for those who have worked in an EU or EEA state that does not regulate access to or exercise of the profession, all documents justifying an exercise in that state for the equivalent of two full-time years in the last ten years;
- for those persons holding a training certificate issued by a third state and recognised in an EU or EEA state, other than France, the recognition of the training certificate established by the state authorities having recognised that title.
Good to know
If necessary, the pieces must be translated into French by a certified translator.
If the application for leave is rejected, the applicant may initiate:
- a graceful appeal to the regional prefect who made the decision, within two months of the decision (implicit or express) of rejection;
- a hierarchical appeal to the Minister responsible for health, within two months of the decision (implicit or express) of rejection;
- a legal appeal before the territorially competent administrative court, within two months of the decision (implicit or express) of rejection.
Good to know: compensation measures
In order to obtain permission to practise, the person concerned may be required to undergo an aptitude test or an adjustment course, if it appears that the professional qualifications and experience he uses are substantially different. those required for the practice of the profession in France.
If compensation measures are deemed necessary, the regional prefect responsible for issuing the exercise authorization indicates to the person concerned that he has two months to choose between the aptitude test and the adjustment course.
The aptitude test
The DRJSCS, which organises the aptitude tests, must summon the person by recommended letter with notice of receipt at least one month before the start of the tests. This summons mentions the day, time and place of the trial.
The aptitude test may take the form of written or oral questions noted on 20 on each of the subjects that were not initially taught or not acquired during the professional experience.
Admission is pronounced on the condition that the individual has achieved a minimum average of 10 out of 20, with no score less than 8 out of 20. The results of the test are notified to the person concerned by the regional prefect.
If successful, the regional prefect authorizes the person concerned to practise the profession.
The adaptation course
It is carried out in a public or private health facility approved by the regional health agency (ARS). The trainee is placed under the pedagogical responsibility of a qualified professional who has been practising the profession for at least three years and who establishes an evaluation report.
The internship, which eventually includes additional theoretical training, is validated by the head of the reception structure on the proposal of the qualified professional evaluating the trainee.
The results of the internship are notified to the person concerned by the regional prefect.
The application for leave to practice is then made after further notice from the Nursing Committee.
To go further Articles L. 4391-2 and the following and D. 4391-2 and following of the Public Health Code and the order of March 24, 2010, above.
French assistance centre
The ENIC-NARIC Centre is the French centre for information on academic and professional recognition of diplomas.
SOLVIT is a service provided by the National Administration of each Member State of the European Union or party to the EEA agreement. Its aim is to find a solution to a dispute between an EU national and the administration of another of these states. SOLVIT intervenes in particular in the recognition of professional qualifications.
The person concerned can only use SOLVIT if he establishes:
- that the public administration of one EU state has not respected its rights under EU law as a citizen or business of another EU state;
- that it has not already initiated legal action (administrative action is not considered as such).
The national must complete a online complaint form .
Once his file has been submitted, SOLVIT contacts him within a week to request, if necessary, additional information and to verify that the problem is within his competence.
To enter SOLVIT, the national must communicate:
- Full contact details
- Detailed description of his problem
- all the evidence in the file (for example, correspondence and decisions received from the relevant administrative authority).
SOLVIT is committed to finding a solution within ten weeks of the day the case was taken over by the SOLVIT centre in the country in which the problem occurred.
Outcome of the procedure
At the end of the 10-week period, SOLVIT presents a solution:
- If this solution resolves the dispute over the application of European law, the solution is accepted and the case is closed;
- if there is no solution, the case is closed as unresolved and referred to the European Commission.
SOLVIT in France: General Secretariat for European Affairs, 68 rue de Bellechasse, 75700 Paris, official website ).