The Council of State rejects the appeal of a doctors’ union against the capping of medical interim rates

The Council of State rejected, Thursday, May 11, a request for interim relief from the National Union of Replacement Physicians in Hospitals (SNMRH) aimed at suspending the cap on the rates of temporary medical staff in public health establishments.

Since April 3, the government has decided to strictly apply the law governing the prices of temporary doctors in the public sector, capped at 1,390 euros gross for 24-hour duty. This measure aimed at “put an end to abuses”enshrined in law since 2016 but never applied, has led to the closures – total or partial – of small emergency services.

Two appeals to the Council of State

Faced with this decision, the National Union of Replacement Physicians in Hospitals (SNMRH) filed two appeals with the Council of State to have the reform canceled, including one in summary, the subject of the decision rendered on Thursday.

The urgent applications judge observes that the ministerial instruction “is in accordance with the law”indicates the Council of State: “the remuneration of doctors, odontologists and pharmacists recruited in public health establishments through the interim or vacation must not exceed the regulatory ceilings”.

The judge “notes that none of the means put forward by the National Union of substitute doctors in hospitals is such as to give rise to serious doubt as to the legality of the contested ministerial instruction”adds the high court. “For this reason, the request for suspension is rejected”.