Subsection 2: Recruitment.

A hospital career commitment agreement may be concluded, on the proposal of the head of the division or, failing that, the head of the department, the head of the functional unit or another internal structure, and after obtaining the opinion of the chairman of the establishment's medical committee, between the director of a public health establishment and a contractual practitioner if the latter is recruited for a position in a speciality for which the supply of care is or is likely to be insufficient in the establishment in which he/she works, or corresponding to a specialised studies diploma for which there are major recruitment difficulties in public health establishments.

This agreement provides for :

1° The undertaking by the establishment to offer the practitioner a full-time job with hospital medical staff status until he/she is appointed for a probationary period in the speciality concerned in a post corresponding to the functions for which he/she was recruited;

2° The undertaking by the practitioner to take part, as soon as he fulfils the required conditions, in each session of the national competition for practitioners in public health establishments until he is successful and to apply, as soon as he is included on the list of suitable candidates mentioned in article R. 6152-308, for a position as a hospital practitioner in the establishment with which he has signed an agreement, corresponding to the functions for which he was recruited; the practitioner also undertakes to complete three years of actual service as a hospital practitioner if he is successful in the competition. If the duration of the assistantship contract is longer than one year, the obligation to take part in the competition to become a practitioner in public health establishments only applies to the second year of the assistantship;

3° The payment to the practitioner, throughout the duration of the agreement until his/her appointment as a hospital practitioner during the probationary period, of monthly emoluments at least equivalent to those he/she receives on the date the agreement takes effect.

The agreement terminates automatically at the end of the three years of actual service as a hospital practitioner. If the practitioner leaves the establishment before this term to be recruited by another public health establishment, the agreement may be taken over by this establishment in accordance with the terms and conditions defined in the first paragraph.

The agreement also terminates automatically after three unsuccessful attempts at the national competitive examination for practitioners in public health establishments. The agreement may be terminated by the practitioner if, one year after his registration on the list of suitable practitioners mentioned in article R. 6152-308, the director of the establishment has not offered him a position as a hospital practitioner under the conditions provided for in the agreement or if he does not respect the commitment made regarding the guarantee of emoluments in 3° above. It may be terminated by the director of the institution for reasons of professional or disciplinary inadequacy, which lead to the termination of the practitioner's duties under the conditions provided for by his status, or in the event of serious misconduct.

The list of posts in a speciality for which the supply of care is or is likely to be insufficient is drawn up, for each establishment and each speciality, for a period of three years, subject to annual review, by the Director General of the Regional Health Agency on the proposal of the directors of the establishments and after the opinion of the joint regional commission.

The list of specialities corresponding to a diploma of specialised studies which present major recruitment difficulties in public health establishments is fixed for three years, subject to annual review, by joint order of the ministers responsible for health and the budget.