I. – Chapter II, with the exception of article L. 3222-1, and Chapter III of Title II of Book II of this Part are applicable in New Caledonia and French Polynesia, subject to the adaptations set out in II.
Article L. 3222-5-1 is applicable in New Caledonia and French Polynesia in the version resulting from Law no. 2022-46 of 22 January 2022 strengthening health crisis management tools and amending the Public Health Code, and subject to the adaptations provided for in II.
II. – For their application in New Caledonia and French Polynesia:
1° (Repealed) ;
2° Article L. 3222-2 reads as follows:
“Art. L. 3222-2. – When a person suffering from a mental disorder as defined in I of articles L. 3212-1 or L. 3213-1 is hospitalised in an establishment other than those accommodating patients suffering from mental disorders in accordance with locally applicable regulations, the director of the establishment shall, within forty-eight hours, take all necessary measures to implement one of the procedures provided for in articles L. 3212-1, L. 3212-3, L. 3213-1 or L. 3213-2. ” ;
3° The first paragraph of Article L. 3222-4 is amended as follows:
a) The words: “mentioned in article L. 3222-1” are replaced by the words: “authorised to treat people suffering from mental disorders, in accordance with locally applicable regulations”;
b) The words: “the representative of the State in the department or his representative, the president of the tribunal de grande instance or his delegate” are replaced by the words: “the High Commissioner of the Republic or his representative, the president of the tribunal de première instance or his delegate”;
4° In article L. 3222-5, the words: “in each department, a departmental commission” are replaced by the words: “a commission”;
5° Article L. 3222-5-1 is amended as follows
a) In the second paragraph, the words: “in psychiatry and designated by the Director General of the Regional Health Agency to provide psychiatric care without consent pursuant to I of Article L. 3222-1” are replaced by the words: “authorised to treat people suffering from mental disorders, in accordance with locally applicable regulations” and the words: “départementale des soins psychiatriques” are replaced by the words: “mentionnée à l’article L. 3222-5” ;
b) The second sentence of the last paragraph is deleted;
6° In Article L. 3222-6 and in the first paragraph of 3° and 6° of Article L. 3223-1, the words “en Conseil d’Etat” are deleted;
7° In the heading of Chapter III, the word “départementale” is deleted;
8° Article L. 3223-1 is amended as follows
a) In 4° and 6°, the words: “representative of the State in the department” are replaced by the words: “High Commissioner of the Republic”;
b) In 5°, the words: “mentioned in Article L. 3222-1” are replaced by the words: “authorised to treat people suffering from mental disorders, in accordance with the regulations applicable locally”;
c) In 7°, the words “tribunal de grande instance” are replaced by the words “tribunal de première instance”;