French Public Health Code
In forceI. - For their application in New Caledonia and French Polynesia:
1° The second sentence of Article L. 1110-1 does not apply ;
2° In article L. 1110-4 :
a) The first paragraph of I is worded as follows:
"I.-Any person cared for by a health professional, an establishment or service, a professional or organisation involved in prevention or care, the armed forces health service, a professional in the medico-social or social sector or a social and medico-social establishment or service has the right to respect for their private life and the confidentiality of information concerning them. " ;
a bis) For its application to New Caledonia, at the end of the second sentence of the last paragraph of V, the words: "in Articles L. 1111-5 and L. 1111-5-1" are replaced by the words: "in Article L. 1111-5";
a ter) For its application to French Polynesia, in the second paragraph of III, the words: "decree issued" are replaced by the words: "the competent local authorities";
b) The following two paragraphs are added to Article L. 1110-4:
"The persons responsible for carrying out inspections for the social security bodies in New Caledonia and French Polynesia shall only have access, in compliance with medical confidentiality, to personal health data if it is strictly necessary for the performance of their duties.
"The members of the Inspectorate General of Social Affairs, or the inspection and control officers of the Armed Forces Health Service, as well as the officers in charge of a control mission for the services in charge of health in New Caledonia and French Polynesia, who hold a diploma, certificate or other qualification allowing them to practise the profession of doctor, shall only have access, in compliance with medical confidentiality, to personal health data if it is strictly necessary for the performance of their mission during their visit to the premises. " ;
2° bis For its application to French Polynesia, in Article L. 1110-4-1, the words: "drawn up by the public interest group mentioned in Article L. 1111-24. These standards are approved by order of the Minister for Health," are replaced by the words: "set by the competent local authorities".
3° In article L. 1110-10, the words: "by an interdisciplinary team" do not apply.
II. - For its application in New Caledonia and French Polynesia, article L. 1110-3 reads as follows:
"Art. L. 1110-3 - No person may be discriminated against in access to prevention or care.
"A healthcare professional may not refuse to treat a person, including refusing to provide emergency contraception, on any of the grounds referred to in the first paragraph of article 225-1 or in article 225-1-1 of the French Criminal Code.
"Any person who believes that he or she has been the victim of an unlawful refusal of care may refer the matter to the president of the professional body concerned, indicating the facts from which it may be presumed that such refusal has occurred. This referral is equivalent to filing a complaint. It is communicated to the authority to which it has not been sent. The recipient acknowledges receipt of the complaint, informs the accused healthcare professional and may summon him/her to a meeting within one month of the date on which the complaint was registered.
"Except in the event of a repeat offence, a conciliation procedure will be carried out within three months of receipt of the complaint by a committee made up, in particular, of representatives of the relevant local council of the professional association concerned.
"If the conciliation fails, or in the event of a repeat offence, the president of the professional association body will forward the complaint to the competent professional association court with its reasoned opinion and, where appropriate, with the association's participation.
"Except in emergencies and in cases where the healthcare professional fails in his duty of humanity, the principle set out in the first paragraph of this article does not prevent a refusal of care based on an essential and determining personal or professional requirement for the quality, safety or effectiveness of care. Continuity of care must be ensured whatever the circumstances.
"The procedures for applying this article shall be laid down by decree in the Conseil d'Etat. "
III. - For their application in these two communities:
a) The last sentence of the first paragraph of article L. 1110-5 is worded as follows: "These provisions apply without prejudice to article L. 1541-4. " ;
b) The penultimate paragraph of Article L. 1110-5-2 is worded as follows:
"At the patient's request and after consultation with the doctor, the deep and continuous sedation associated with analgesia provided for in this article may be implemented at the patient's home or in a place designated for this purpose by the local authorities responsible for health and social matters. "
c) In 1° of Article L. 1110-12, the words "mentioned in I of Article L. 312-1 of the Code de l'Action Sociale et des Familles" and "of a structure of" are deleted.
