French Public Health Code
In forceThe rules governing the operation of healthcare establishments to ensure that the rights and obligations of hospitalised patients are respected are defined by regulation.
In each health care institution, a users' commission is responsible for ensuring that the rights of users are respected and for helping to improve the quality of care provided to patients and their relatives. This committee facilitates the steps taken by these people and ensures that they can, if necessary, express their grievances to the establishment's managers, hear the latter's explanations and be informed of the outcome of their requests. It may be chaired by a user representative.
When the matter is referred to it by a person undergoing psychiatric care in application of articles L. 3212-1 or L. 3213-1, the Commission may entrust the investigation of the request to the Commission provided for in article L. 3222-5.
The Users' Commission takes part in drawing up the policy implemented in the institution with regard to the reception, care, information and rights of users. It is involved in the organisation of care pathways and the quality and safety policy drawn up by the institution's medical committee or conference. It makes proposals on these subjects and is informed of the action taken on them.
It may consider any matter relating to the quality and safety policy drawn up by the facility's medical commission or conference. It makes proposals and is informed of the action taken on them.
It is informed of all complaints and claims made by users of the institution and of the action taken on them. In the event of serious undesirable events, it is informed of the actions taken by the establishment to remedy the situation. It may have access to the medical data relating to these complaints or claims, subject to obtaining the prior written agreement of the person concerned or their heirs if they are deceased. A decree in the Conseil d'Etat will set out the procedures for consulting the data and protecting the anonymity of patients and professionals.
The members of the commission are bound by professional secrecy under the conditions defined in articles 226-13 and 226-14 of the French Penal Code.
At least once a year, the Supervisory Board of public health establishments, or a body authorised for this purpose in private establishments, discusses the establishment's policy on users' rights and the quality of care and treatment, on the basis of a report presented by the Users' Commission. This report and the conclusions of the debate are sent to the regional conference on health and autonomy and to the regional health agency, which is responsible for drawing up a summary of all these documents.
The composition and operating procedures of the Users' Commission are laid down by decree.
