I.-The Minister for Health or, by delegation, the Director General of the Centre National de Gestion may, following the opinion of a committee comprising, in particular, delegates from the national councils of the professional associations and national organisations of the professions concerned, chosen by these bodies, individually authorise to practise persons who hold a diploma, certificate or other evidence of formal qualifications allowing them to practise, in the country where this diploma, certificate or evidence of formal qualifications was obtained, the profession of doctor, in the speciality corresponding to the application for authorisation, dental surgeon, where applicable in the speciality corresponding to the application for authorisation, or midwife.
These persons must have passed anonymous knowledge verification tests, organised by profession and, where applicable, by speciality, and provide proof of a sufficient command of the French language. Persons who have obtained an inter-university specialisation diploma in France, who have worked for a total of three years beyond their training and who can provide evidence of paid medical work in France during the two years prior to the publication of law no. 2009-879 of 21 July 2009 on hospital reform and patients, health and the territories are deemed to have met the French language proficiency requirement. Regulations set the conditions for the organisation of these tests. The maximum number of candidates who may be admitted to these tests for each profession and, where applicable, for each speciality is set by order of the Minister for Health, taking into account, in particular, changes in the number of students determined in application of the second paragraph of I of article L. 631-1 of the Education Code and verification of the level of mastery of the French language.
The maximum number mentioned in the previous paragraph does not apply to refugees, stateless persons, beneficiaries of territorial asylum and beneficiaries of subsidiary protection and to French nationals who have returned to France at the request of the French authorities.
The persons mentioned in the third paragraph of this I who hold a diploma, certificate or other evidence of formal qualifications allowing them to practise the profession in the country in which they obtained this diploma, certificate or evidence of formal qualifications will be issued with a certificate allowing them to practise temporarily, subject to the submission of an application to the Director General of the Regional Health Agency of their place of residence, who may, after examining this application, take a decision on the temporary assignment of the applicant to a health establishment. In return, the candidate undertakes to take the knowledge verification tests mentioned in the second paragraph. A Conseil d’Etat decree sets the conditions for the implementation of this paragraph.
Doctors holding a diploma of specialised studies obtained as part of a foreign internship are deemed to have passed the knowledge verification tests provided for in the second paragraph of this I.
Successful candidates to the profession of doctor must also provide evidence of a two-year skills consolidation programme in their speciality, completed after passing the knowledge verification tests. To this end, they are assigned to a post by decision of the Minister of Health or, by delegation, of the Director General of the Centre National de Gestion. The choice of post is made by each successful candidate from a list drawn up by the Minister for Health, and is subject to their ranking in the knowledge verification tests. A Conseil d’Etat decree sets out the procedures for implementing this paragraph.
Successful candidates to the profession of dental surgeon must also provide evidence of a one-year skills consolidation course, in their specialty if applicable, completed after passing the knowledge verification tests, in approved training centres and with an approved training supervisor. To this end, they are assigned to a post by decision of the Minister for Health or, by delegation, of the Director General of the National Management Centre. Each successful candidate chooses this post from a list drawn up by the Minister for Health, comprising a number of posts equal to that set in application of the second paragraph, and subject to his or her ranking in the knowledge verification tests. A Conseil d’Etat decree sets out the procedures for implementing this paragraph.
Successful candidates for the profession of midwife must also prove that they have completed a one-year skills consolidation course in a healthcare establishment after passing the knowledge verification tests. To this end, they are assigned to a post by decision of the Minister for Health or, by delegation, of the Director General of the National Management Centre. Each successful candidate chooses this post from a list drawn up by the Minister for Health, comprising a number of posts equal to that set out in the second paragraph, and subject to his or her ranking in the knowledge verification tests. A decree in the Conseil d’Etat shall lay down the procedures for implementing this paragraph.
No one may be a candidate more than four times for the knowledge verification tests and the authorisation to practise as provided for in this article.
Ia – The Minister for Health or, by delegation, the Director General of the National Management Centre may also, after obtaining the opinion of a committee made up of professionals, grant individual authorisation to practice to nationals of a State other than those which are members of the European Union or parties to the Agreement on the European Economic Area, who hold qualifications obtained in one of these States and whose professional experience is attested to by any means. The maximum number of candidates who may be authorised to practise for each profession and, with regard to the profession of doctor, for each discipline or speciality, is set by order of the Minister for Health.
No person may apply for authorisation to practise more than three times.
II – The competent authority may also, after obtaining the opinion of a committee composed in particular of professionals, individually authorise nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, who hold evidence of formal qualifications issued by a third State and recognised in a Member State or State party other than France, to practise the profession there legally, to practise the profession of doctor in the speciality concerned, dental surgeon, where applicable in the speciality, or midwife. In the case of doctors and, where applicable, dental surgeons, recognition covers both the basic qualification and the specialist qualification.
The person concerned must provide proof of having practised the profession, where applicable in the speciality, for three years full-time or part-time for a total equivalent period in that Member State or Party.
If examination of the professional qualifications attested by all the evidence of initial training, relevant professional experience and lifelong training validated by a competent body reveals substantial differences in relation to the qualifications required for access to and practice of the profession in France, the competent authority will require the person concerned to undergo a compensatory measure in the speciality or field concerned.
Depending on the level of qualification required in France and that held by the person concerned, the competent authority may either offer the applicant a choice between an adaptation period or an aptitude test, or impose an adaptation period or an aptitude test, or impose an adaptation period and an aptitude test.
The nature of the compensation measures according to the levels of qualification in France and in the other Member States or Parties is set by order of the Minister for Health.