French Public Health Code
In forceI. - The decision to limit or stop treatment shall respect the patient's wishes as previously expressed in advance directives. When the patient is incapable of expressing his or her wishes, the decision to limit or stop the treatment provided, on the grounds of refusing unreasonable obstinacy, may only be taken following the collegiate procedure provided for in article L. 1110-5-1 and in compliance with the advance directives and, in their absence, after the patient's wishes have been expressed to the trusted support person or, failing this, to the family or a close relative.
II. - The doctor in charge of the patient may initiate the collegiate procedure on his own initiative. He is obliged to do so at the request of the trusted support person or, failing this, the family or a close relative. The trusted support person or, failing this, the family or one of the next of kin is informed of the decision to implement the collegiate procedure as soon as it has been taken.
III. - The decision to limit or stop treatment is taken by the doctor in charge of the patient at the end of the collegiate procedure. This collegial procedure takes the form of consultation with the members of the care team present, if there is one, and the reasoned opinion of at least one doctor, called in as a consultant. There must be no hierarchical link between the doctor in charge of the patient and the consultant. The reasoned opinion of a second consultant is sought by these doctors if one of them considers it useful.
When the decision to limit or stop treatment concerns a minor or a person who is the subject of a legal protection measure with representation relating to the person, the doctor also obtains the opinion of the holders of parental authority or the person in charge of the measure, depending on the case, except in situations where urgency makes this consultation impossible.
IV. - Reasons are given for the decision to limit or stop treatment. The trusted support person or, failing this, the family, or one of the patient's relatives, is informed of the nature of and reasons for the decision to limit or stop treatment. The wish to limit or stop treatment expressed in the advance directives or, failing this, the testimony of the trusted support person, the family or one of those close to the patient, the opinions obtained and the reasons for the decision are recorded in the patient's file.
