French Public Health Code
In forceI.-In the month following the admission to psychiatric care decided upon in application of this chapter or resulting from the decision mentioned in article 706-135 of the Code of Criminal Procedure, and at least every month thereafter, the patient will be examined by a psychiatrist from the host establishment who will draw up a detailed medical certificate confirming or refuting, if necessary, the observations contained in the previous certificates and specifying the characteristics of the development of the disorders which justified the care or their disappearance. This certificate states whether the form of care decided for the patient in application of article L. 3211-2-1 of this code remains appropriate and, if so, proposes a new form. If the patient cannot be examined, the establishment's psychiatrist will draw up a medical opinion based on the patient's medical records.
II - Copies of the certificates and medical opinions provided for in this article and in article L. 3211-11 are sent without delay by the director of the host establishment to the State representative in the department and to the departmental psychiatric care commission mentioned in article L. 3222-5.
III -After receiving the certificates or medical opinions mentioned in I and II of this article and, where applicable, the opinion of the college mentioned in article L. 3211-9 and the psychiatric expertise mentioned in article L. 3213-5-1, and taking into account the requirements relating to the safety of individuals and public order, the State representative in the département may decide to modify the form of care provided to the patient.
IV -When the State representative decides not to follow the opinion of the college mentioned in article L. 3211-9 recommending that a person mentioned in II of article L. 3211-12 be cared for in a form other than full hospitalisation, he/she will order an expert opinion under the conditions provided for in article L. 3213-5-1.
When the expert opinion confirms the recommendation for care in a form other than full hospitalisation, the State representative decides on care in the form mentioned in 2° of I of article L. 3211-2-1, in accordance with the proposal mentioned in the first paragraph of I of this article.
When the expert opinion recommends that full hospitalisation be maintained and the State representative maintains full hospitalisation, he informs the director of the host establishment, who refers the matter to the liberty and custody judge for a rapid decision on this measure under the conditions provided for in article L. 3211-12. The present paragraph does not apply when the decision of the State representative is taken within the timeframes mentioned in 1° and 2° of I of article L. 3211-12-1.
