Book III: Establishments, services and organisations

Without prejudice to the provisions of Book I of Part VI of this Code, any natural or legal person intending to undertake or continue the operation of a health care establishment referred to in Article L. 2322-1, whether or not they are responsible for its medical management, must submit an application to the Director General of the Regional Health Agency for the region in which the establishment operates or will…

The Prefect issues a receipt for the application. He will then carry out an investigation. He must notify the interested parties of his decision within two months of receiving the request.

Within one month of being notified that authorisation has been granted, the operator must send the Prefect a declaration listing the doctors and midwives who usually work in the establishment. Any change in the composition of this staff must be notified immediately.

The person responsible for the medical management of the establishment or, failing that, for the medical management of the section of the establishment receiving pregnant women must, before taking up their duties, be approved by the Director General of the Regional Health Agency for the region in which the establishment is located. The medical director must be a doctor with qualifications or specific knowledge relevant to the activity of the…

The authorisations and approvals provided for in articles R. 2322-2 and R. 2322-5 may only be granted to persons of good character.

Approval given to the person in charge of medical management may be withdrawn by reasoned decision of the Director General of the Regional Health Agency if the conditions for approval are no longer met or if the provisions of this chapter are disregarded. The person concerned and the operator shall be notified of the withdrawal of approval.

An order by the Minister for Health sets the composition of the file submitted in support of the application for authorisation made by the operator of the establishment, as well as those of the file for applications for approval of the medical staff mentioned in article R. 2322-5.

Every delivery centre or section must have a doctor qualified in paediatrics. Unless the woman has recourse to another practitioner, this doctor qualified in paediatrics is responsible in particular, in liaison with the person who performed the delivery, for the medical examination of the new-born child and for drawing up the compulsory health certificate. He/she must also record any medical observations, interventions and prescriptions that he/she deems necessary in the…

Establishments subject to the provisions of this chapter must keep, under the responsibility of the medical director : 1° A regularly updated register of visits, in which doctors and midwives record their medical observations and prescriptions and sign each visit; 2° Individual medical records for each patient and each newborn; 3° An operating protocol book in which surgical operations, voluntary termination of pregnancy, deliveries and resuscitation procedures are recorded. In…

When the establishments mentioned in article R. 2322-1 carry out voluntary terminations of pregnancy, they must also comply with the obligations set out in articles R. 2322-12 to R. 2322-14.