WRITTEN QUESTION E-1995/96 by Odile Leperre-Verrier (ARE) to the Commission (17 July 1996)

Subject: Status of nurses working in the psychiatric sector

Can the Commission say what measures are envisaged to accord professional status to nurses in the French psychiatric sector?

What progress could be made in the context of Directives 89/48/EEC ((OJ L 19, 24.1.1989, p. 16. )) and 92/51/EEC ((OJ L 209, 24.7.1992, p. 25. ))?

Answer given by Mr Monti on behalf of the Commission (10 September 1996)

The Honourable Member is referring in his question to a complaint made to the Commission regarding the French legislation adopted in 1992 and 1993. According to that legislation, the holder of a psychiatric nursing diploma or a higher-grade psychiatric nursing certificate may, on request, obtain a state general-care nursing diploma subject to either undergoing and obtaining validation of three months' full-time training or undergoing full-time training in nursing in a general-care unit.

On 26 October 1994 a new Order was adopted concerning award of the state nursing diploma to holders of a psychiatric nursing diploma. The difference between it and previous Orders is that the state nursing diploma is now awarded as of right to persons holding a psychiatric nursing diploma. All they have to do is to ask for one from the regional Health and Social Affairs Office. Training in the new skills involved, which has to be undergone by persons who decide to change from one area of activity to another, is no longer subject to a validation requirement.

The Commission considers that this legislation is contrary to Community Directive 77/453/EEC, ((OJ L 176, 15.7.1977, p. 8. )) which lays down minimum criteria for the training of nurses responsible for general care. The content of the training of psychiatric nurses in France seems to be excessively centred on specific care in mental pathology, and clinical teaching is provided mainly in psychiatric institutions. This being so, even a three-month training period is not likely to bridge the gap compared with training evidenced by a state general-care nursing diploma.

The Commission would point out in this connection that its observations on the French legislation on the training of psychiatric nurses are not aimed at monitoring the quality of that training as there is no Community legislation on the minimum training standards to be met by Member States in relation to psychiatric nurse training. Nor does the Commission's intervention have any consequences as regards the professional status of the nurses concerned in their capacity as psychiatric nurses. However, since the above-mentioned legislation seeks to award to psychiatric nurses the state diploma in general-care nursing and since training in the latter field is itself governed by binding Community provisions on minimum training standards (Directive 77/453/EEC), the Commission's intervention is justified because, in this case, training in psychiatric nursing must comply with those standards. Directives 89/48/EEC and 92/51/EEC are not applicable here.

Should France wish to retain the legislation in question, it will therefore have to amend it so that nurses about to make the career change may bring their training up to the minimum level required by Directive 77/453/EEC.

The Commission, having given the French Government notice to submit its observations in accordance with the procedure laid down in Article 169 of the EC Treaty, is currently studying those observations.