French Public Health Code
In forceFor their application in New Caledonia and French Polynesia :
1° Article R. 1231-2 is replaced by the following provisions, to which Article R. 1545-1 does not apply:
"Art. R. 1231-2. - The donor shall express his consent before the President of the Court of First Instance or his delegate by simple request. The presence of a lawyer is not compulsory.
Subject to the provisions of the following two paragraphs, the court with territorial jurisdiction is the court of first instance within whose jurisdiction the donor resides.
Where a donation is to be taken from a health establishment far from the donor's usual place of residence, the donor may bring the matter either before the court of first instance within whose jurisdiction the donor resides, or before the court of first instance or the court of first instance within whose jurisdiction the health establishment where the donation is to be taken is located.
If the donation is to be carried out abroad, the donor may refer the matter either to the Court of First Instance of New Caledonia or French Polynesia, or to the Court of First Instance within whose jurisdiction the health establishment on whose behalf the donation is to be carried out is located. "
2° After the first paragraph of article R. 1231-5, the following paragraph is inserted:
"In addition to the nine committees mentioned in the first paragraph, a committee of experts competent for New Caledonia and a committee of experts competent for French Polynesia shall be set up. " ;
3° Article R. 1231-6 is amended as follows:
a) The first paragraph is replaced by the following provisions:
"The members of the committee of experts are appointed by the competent High Commissioner of the Republic, on a proposal from the Director General of the Agence de la biomédecine and after consultation with the President of the Government of New Caledonia or the President of French Polynesia, or the authorities they designate for this purpose. An alternate is appointed for each full member. " ;
b) In the second paragraph, the words: "the Director General of the Agence de la biomédecine" are replaced by the words: "the competent High Commissioner of the Republic, on the proposal of the Director General of the Agence de la biomédecine";
4° Article R. 1231-7 is amended as follows:
a) In the second and third paragraphs, the words: "the Agence de la biomédecine" are replaced by the words: "the High Commissioner of the Republic";
b) In the fourth and fifth paragraphs, the words: "the Agence de la biomédecine" are replaced by the words: "the High Commission of the Republic";
c) In the fourth paragraph, the words "located within its jurisdiction" and the words "by the Regional Health Agency or" are deleted;
d) The following sentence is added to the fifth paragraph: "A copy is sent to the President of the Government of New Caledonia or the President of French Polynesia, or to the authorities they designate for this purpose. " ;
5° In article R. 1232-3, the last paragraph reads as follows:
"The death certificate is signed at the same time as the certificate provided for in article 1 of decree no. 99-201 of 18 March 1999 relating to the issue of burial permits and cremation in New Caledonia and French Polynesia. "
6° a) In II of Article R. 1232-4-4, the words: "to the hospital sampling coordination team defined in 3° of Article R. 1233-7" are replaced by the words: "to the professional in charge of the sampling activity as provided for by the regulations applicable in New Caledonia or French Polynesia respectively";
b) In III of Article R. 1232-4-4 and in Article R. 1232-4-6, the words: "the hospital sampling coordination team" are replaced by the words: "the professional in charge of the sampling activity as provided for by the regulations applicable in New Caledonia or French Polynesia respectively".
