Book I: Health protection for individuals

All people make decisions about their own health, together with their healthcare professional and on the basis of the information and recommendations he or she provides. Everyone has the right to refuse or not to receive treatment. However, the doctor continues to monitor the patient’s progress, particularly with regard to palliative care. The doctor is obliged to respect the patient’s wishes after informing them of the consequences of their choices…

By way of derogation from article 371-1 of the Civil Code, the doctor or midwife may dispense with obtaining the consent of the holder(s) of parental authority for medical decisions to be taken when the preventive action, screening, diagnosis, treatment or intervention is required to safeguard the health of a minor, if the latter expressly objects to the consultation of the holder(s) of parental authority in order to keep his/her…

By way of derogation fromarticle 371-1 of the Civil Code, nurses may dispense with obtaining the consent of the holder(s) of parental authority for decisions to be taken when preventive action, screening or treatment is required to safeguard the sexual and reproductive health of a minor, if the latter expressly opposes consultation of the holder(s) of parental authority in order to keep his/her state of health secret. However, the nurse…

Any person over the age of 18 may appoint a trusted support person, who may be a relative, a close friend or the doctor treating them. This person will be consulted in the event that they are unable to express their wishes and receive the necessary information. This person will give an account of the person’s wishes. His or her testimony prevails over any other testimony. This designation is made…

A person who, because of functional limitations of the upper limbs linked to a physical disability, is permanently prevented from carrying out acts related to care prescribed by a doctor, may designate a natural carer or a carer of their choice to carry out these acts in order to promote their autonomy. The disabled person and the persons designated must first receive appropriate education and training from a healthcare professional,…

All persons have access to all information concerning their health held, in any capacity whatsoever, by healthcare professionals, healthcare establishments, healthcare centres, birthing centres, the armed forces health service or the national invalids’ institution, which is formalised or has been the subject of written exchanges between healthcare professionals, in particular examination results, consultation, operation, exploration or hospitalisation reports, therapeutic protocols and prescriptions implemented, monitoring sheets, correspondence between healthcare professionals, with…

I.-Any person who hosts personal health data collected in the course of preventive, diagnostic, care or social and medico-social monitoring activities, on behalf of the natural or legal persons responsible for producing or collecting this data or on behalf of the patient him/herself, shall do so under the conditions set out in this article. Hosting, on whatever medium, paper or digital, is carried out after the person being cared for…

The registration number in the national register for the identification of natural persons is used as a health identifier for individuals for health and medico-social purposes, under the conditions laid down in article L. 1110-4. The services mentioned in article L. 4622-1 of the Labour Code falling within the scope of article L. 1110-4 of the present code may use the health identifier of individuals for their care. The health…

Health establishments, organisations and services carrying out preventive, diagnostic or care activities and medico-social establishments shall report significant or serious information system security incidents without delay to the competent State authorities and to the public interest group mentioned in article L. 1111-24, under conditions set by decree. Subject to compliance with the rules relating to the protection of national defence secrets, this article shall apply to the armed forces health…

A decree in the Conseil d’Etat shall lay down the conditions for application of this section. The procedures for accessing information concerning a person’s health, and in particular the support provided for such access, shall be the subject of recommendations for good practice drawn up by the Haute Autorité de Santé and approved by order of the Minister for Health.