French Public Health Code
In forceAll people make decisions about their own health, together with their healthcare professional and on the basis of the information and recommendations he or she provides.
Everyone has the right to refuse or not to receive treatment. However, the doctor continues to monitor the patient's progress, particularly with regard to palliative care.
The doctor is obliged to respect the patient's wishes after informing them of the consequences of their choices and their seriousness. If, by refusing or withdrawing treatment, the patient's life is endangered, he or she must repeat the decision within a reasonable time. They may call on another member of the medical profession. The entire procedure is recorded in the patient's medical file. The doctor safeguards the dignity of the dying person and ensures the quality of the end of life by providing the palliative care mentioned in article L. 1110-10.
No medical procedure or treatment may be carried out without the patient's free and informed consent, which may be withdrawn at any time.
When the person is incapable of expressing his or her wishes, no intervention or investigation may be carried out, except in an emergency or where it is impossible, without the trusted support person provided for in article L. 1111-6, or the family, or failing this, a close relative, having been consulted.
When the person is incapable of expressing his or her wishes, the limitation or cessation of treatment likely to result in his or her death may not be carried out without respecting the collegiate procedure referred to in article L. 1110-5-1 and the advance directives or, failing this, without the trusted support person referred to in article L. 1111-6 or, failing this, the family or close friends, having been consulted. The reasoned decision to limit or stop treatment is recorded in the medical record.
The consent referred to in the fourth paragraph of the minor, who may be under guardianship, must be systematically sought if he/she is capable of expressing his/her wishes and participating in the decision.
The consent, referred to in the fourth paragraph, of the adult subject to a legal protection measure with representation relating to the person must be obtained if he is capable of expressing his wishes, if necessary with the assistance of the person responsible for his protection. If this condition is not met, it is up to the person in charge of the legal protection measure with representation of the person to give their authorisation, taking into account the opinion expressed by the protected person. Except in emergencies, in the event of disagreement between the protected adult and the person responsible for his or her protection, the judge will authorise one or other of them to make the decision.
If the refusal of treatment by the person with parental authority or by the guardian if the patient is a minor, or by the person in charge of the legal protection measure if the patient is an adult subject to a legal protection measure with representation relating to the person, is likely to have serious consequences for the health of the minor or the protected adult, the doctor will provide the essential treatment.
Examination of a patient as part of clinical training requires the patient's prior consent. Students receiving such instruction must be informed beforehand of the need to respect the rights of patients as set out in this Title.
The provisions of this article apply without prejudice to special provisions relating to the consent of the person for certain categories of care or intervention.
