I.-At the patient’s request, in the situations provided for in 1° and 2° of Article L. 1110-5-2, deep and continuous sedation causing an alteration in consciousness maintained until death, associated with analgesia and the cessation of all life-sustaining treatment, shall be used following a collegiate procedure, as defined in III of Article R. 4127-37-2, the purpose of which is to check that the conditions provided for by law are met.
Reasons must be given for recourse, at the patient’s request, to deep and continuous sedation as defined in the first paragraph, or for refusal. The reasons for resorting or not resorting to this sedation are recorded in the patient’s file and the patient is informed.
II.When the patient is incapable of expressing his or her wishes and life-sustaining treatment has been discontinued as a refusal of unreasonable obstinacy, in application of articles L. 1110-5-1, L. 1110-5-2 and L. 1111-4 and under the conditions provided for in article R. 4127-37-2, the doctor in charge of the patient, even if the patient’s suffering cannot be assessed due to the state of his or her brain, implements deep and continuous sedation causing an alteration in consciousness maintained until death, combined with analgesia, unless the patient has opposed this in his or her advance directives.
The use of deep and continuous sedation, as defined in this way, must, in the absence of a contrary wish expressed by the patient in his advance directives, be decided within the framework of the collegiate procedure provided for in article R. 4127-37-2.
In the absence of advance directives, the doctor in charge of the patient obtains evidence of the patient’s wishes from the trusted support person or, failing this, from the family or a close relative.
Reasons are given for any recourse to deep and continuous sedation. The patient’s wishes as expressed in the advance directives or, in the absence of these, the testimony of the trusted support person or, failing this, of 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.
The patient’s trusted support person or, failing this, the family or a close relative is informed of the reasons for the use of deep and continuous sedation.