French Public Health Code
In forceI.-If a psychiatrist involved in the patient's care certifies in a medical certificate that a psychiatric care measure in the form of full hospitalisation is no longer necessary and that the care measure without consent can be lifted or that the patient can be cared for in the form mentioned in 2° of I of article L. 3211-2-1, the director of the host establishment will refer the matter within twenty-four hours to the State representative in the département, who will give a decision within three clear days of receiving the medical certificate.
II - If the State representative decides not to follow the opinion of the psychiatrist involved in the patient's care, he/she will immediately inform the director of the host establishment, who will immediately request that the patient be examined by a second psychiatrist. Within a maximum of seventy-two hours of the State representative's decision, the second psychiatrist will give an opinion on the need for full hospitalisation.
III - Where the opinion of the second psychiatrist provided for in II of this article confirms that there is no need for full hospitalisation, the State representative will order the measure of care without consent to be lifted or will decide on care in the form mentioned in 2° of I of article L. 3211-2-1, in accordance with the proposal contained in the medical certificate mentioned in I of this article.
When the opinion of the second psychiatrist provided for in II recommends that full hospitalisation be maintained and the State representative maintains full hospitalisation, he or she 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.
