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 one of the grounds referred to in the first paragraph of article 225-1 or article 225-1-1 of the French Criminal Code, or on the grounds that the person is entitled to the complementary health protection provided for in article L. 861-1 of the French Social Security Code, or to the assistance provided for in article L. 251-1 of the French Social Action and Family Code.
Any person who believes that he or she has been the victim of an unjustified refusal of care may inform the director of the local health insurance body or the president of the local council of the professional association concerned of 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 case of a repeat offence, a conciliation procedure is carried out within three months of receipt of the complaint by a joint committee made up equally of representatives of the relevant local council of the professional association concerned and the local health insurance body.
If conciliation fails, or in the event of a repeat offence, the president of the council with territorial jurisdiction will forward the complaint to the competent Ordinary Court, giving its reasoned opinion and associating itself where appropriate.
If the territorially competent council fails to act within three months, the director of the local health insurance body may impose a penalty on the healthcare professional under the conditions set out in article L. 162-1-14-1 of the Social Security Code.
Except in emergencies and in cases where the healthcare professional fails in his or her duty of humanity, the principle set out in the first paragraph of this article does not preclude a refusal of care based on a personal or professional requirement that is essential and decisive for the quality, safety or effectiveness of care. Continuity of care must be ensured whatever the circumstances, under the conditions laid down in article L. 6315-1 of this Code.
The procedures for applying this article shall be laid down by regulation.