When, in the circumstances provided for in the fourth paragraph of article L. 1111-7, the holder of the information gathered in the context of involuntary hospitalisation or hospitalisation at the request of a third party considers that this information can only be communicated to the applicant in the presence of a doctor, he shall inform the person concerned. If the person concerned refuses to designate a doctor, the holder of the information shall refer the matter to the departmental psychiatric hospitalisation commission, which may also be referred to by the person concerned in accordance with the provisions of article L. 3223-1. The holder of the information shall immediately provide the Commission, in a confidential envelope, with the necessary information relating to the applicant’s health and the reasons for requesting the presence of a doctor.
The Commission’s opinion, which is binding on the applicant and the holder, is notified to them within two months of the date of receipt of the applicant’s initial request.
Referral to the committee does not prevent the information from being communicated if the applicant withdraws his refusal to appoint a doctor. In this case, once the referral has been made, the holder informs the Commission.