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Book II: Medical devices, in vitro diagnostic medical devices and other products and articles regulated in the interests of public health

Article D5232-5 of the French Public Health Code

The provider of services and the distributor of equipment shall treat the person who is ill or suffering from an incapacity or disability with the same conscientiousness, without discrimination and without seeking to exploit that person’s trust for personal or financial gain. They are prohibited from any practice that might compromise the independence of the medical team in charge of the sick or disabled person with regard to their freedom…

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Article D5232-6 of the French Public Health Code

Service providers and equipment distributors shall respect the right of persons who are ill or who have an incapacity or disability to consult the healthcare professional of their choice. They are prohibited from slandering a healthcare professional, casting aspersions on him or her or echoing comments likely to harm him or her in the exercise of his or her profession. They will only deliver categories of equipment of which they…

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Article D5232-7 of the French Public Health Code

When the person who is ill or who has an incapacity or disability is cared for by the multidisciplinary team, the service provider and the equipment distributor will cooperate with the members of this team in the interests of the person and their relatives.

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Article D5232-8 of the French Public Health Code

Service providers and equipment distributors are bound by professional secrecy. Secrecy covers not only what has been entrusted to them, but also what they have seen, read, heard, observed or understood. The service provider and the equipment distributor shall instruct all their employees in their obligations with regard to professional secrecy and shall ensure that they comply with them.

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Article D5232-10 of the French Public Health Code

The service provider and the equipment distributor provide a comprehensive service comprising all the elements defined by order of the Minister for Health. Depending on the category of equipment, its importance in terms of the autonomy of the person who is ill, incapacitated or disabled, or the need to guarantee continuity of treatment, in the event of repairs requiring equipment to be immobilised for more than one day, the service…

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Article D5232-11 of the French Public Health Code

Where they exist, the service provider and equipment distributor comply with the equipment prescription and recommendation issued by the multidisciplinary team under the conditions provided for in article L. 146-8 of the Code de l’aide sociale et de la famille. Within a timeframe compatible with the treatment or autonomy needs of the person who is ill, incapacitated or disabled, they provide the most appropriate equipment and services.

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Article D5232-12 of the French Public Health Code

The service provider and equipment distributor apply the advice on use and safety given by the equipment manufacturer. They provide the person who is ill or has an incapacity or disability and their family and friends with all the information and explanations relating to the service and the equipment supplied, in accordance with the conditions defined by order of the Minister for Health.

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Article D5232-13 of the French Public Health Code

In order to carry out their activities, service providers and equipment distributors have premises reserved for this purpose, including at least one area meeting accessibility requirements for disabled people in accordance with the provisions of article L. 164-1 of the French Construction and Housing Code and the regulations governing 5th category establishments open to the public. This area is reserved for the personalised reception of the patient, including any tests…

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Article D5232-14 of the French Public Health Code

In order to provide the most appropriate equipment for the needs of the person who is ill or has an incapacity or disability, the service provider and the equipment distributor will ask the prescriber or the multidisciplinary team responsible for drawing up a personalised compensation plan for any additional information they deem necessary, particularly when they feel they have insufficient information on the development of the person’s pathology. Where appropriate,…

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