Part Three: Combating disease and addiction

When a person who meets the conditions for admission to psychiatric care under Chapters II and III of this Title is taken into emergency care by a health care establishment which does not provide care for persons subject to psychiatric care under Article L. 3222-1, the care of persons subject to psychiatric care under Chapters II to IV of this Title or underArticle 706-135 of the Code of Criminal Procedure,…

When a person suffering from a mental disorder is the subject of psychiatric care pursuant to the provisions of Chapters II and III of this Title or is transported for the purpose of such care, the restrictions on the exercise of his personal freedoms must be appropriate, necessary and proportionate to his mental state and to the implementation of the treatment required. In all circumstances, the person’s dignity must be…

A therapeutic protocol practised in psychiatry can only be implemented in strict compliance with the deontological and ethical rules in force.

A person undergoing psychiatric care, whether or not in the form of full hospitalisation, on account of a mental disorder, retains all his rights and duties as a citizen at the end of such care, subject to the provisions relating to measures for the protection of adults set out in sections 1 to 4 of Chapter II of Title XI of Book I of the Civil Code, without being able…

Except with the authorisation of the court, it is forbidden, on pain of nullity, for anyone holding an office or employment in an establishment providing psychiatric care to acquire property or transfer a right belonging to a person admitted to the establishment or to lease accommodation occupied by that person prior to his admission to the establishment. For the purposes of this article, the spouse, partner in a civil solidarity…

A doctor who ascertains that the person he is caring for needs protection in the acts of civil life, for one of the reasons set out in article 425 of the Civil Code, may make a declaration to the public prosecutor at the place of treatment. This declaration has the effect of placing the patient under legal protection if it is accompanied by the opinion of a psychiatrist. When a…

A person hospitalised in application of chapters II and III of the present code orarticle 706-135 of the code of criminal procedure in a care establishment retains the domicile that was his prior to hospitalisation for as long as this domicile remains at his disposal. However, service made there may, depending on the circumstances, be annulled by the courts.

A person undergoing psychiatric care pursuant to Chapters II and III of this Title orarticle 706-135 of the Code of Criminal Procedure may be placed under curatorship or guardianship under the conditions and in accordance with the procedures set out in articles 425 and 440 of the Civil Code.

For the application of II of articles L. 3211-12 and L. 3211-12-1 and articles L. 3212-7, L. 3213-1, L. 3213-3 and L. 3213-8, the director of the establishment receiving the patient will convene a panel made up of three members of the establishment’s staff: 1° A psychiatrist involved in the patient’s care; 2° A psychiatrist not involved in the patient’s care; 3° A representative of the multidisciplinary team involved in…

Except in the cases provided for in Chapter III of this Title, the decision to admit a minor to psychiatric care or to lift this measure is requested, depending on the situation, by the persons exercising parental authority or by the guardian. In the event of disagreement between the persons exercising parental authority, the Family Affairs Judge shall decide.