Persons deprived of their liberty by a judicial or administrative decision, persons undergoing psychiatric care pursuant to Articles L. 3212-1 and L. 3213-1 who do not fall under the provisions of Article 60 of Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 and persons admitted to a health or social establishment for purposes other than performance studies may be asked to take part in performance studies which do not involve any risk or constraint and in which all procedures are carried out and products used in the usual way.
They may only be asked to take part in other performance studies under the following conditions:
-either the magnitude of the expected benefit for these persons is such as to justify the foreseeable risk incurred;
-or these performance studies are justified with regard to the expected benefit for other persons in the same legal or administrative situation, provided that performance studies of comparable efficacy cannot be carried out on another category of the population. In this case, the foreseeable risks and constraints involved in the performance study must be minimal.