Chapter III: Departmental committee for psychiatric care

In each department, the Prefect, and in Paris the Police Prefect : 1° Appoints the members of the departmental commission for psychiatric care mentioned in 1° for one of the two psychiatrists, 3° and 4° of article L. 3223-2; 2° Determines the list of members of the commission.

Commission members are appointed for renewable three-year terms. In the event of death, resignation or inability to carry out their duties during their term of office, they are replaced in the same way for the remainder of their term of office. If, during their term of office, a member of the Commission falls under one of the incompatibilities mentioned in article L. 3223-2, the Prefect or, in Paris, the Police…

Each year, the Committee appoints its Chairman from among its members by secret ballot. In the event of a tie, the oldest member is declared elected.

The Committee’s deliberations are valid when three of its members, including at least one doctor, are present. In the event of a tie, the Chairman has the casting vote. A member of the Commission may not take part in the examination of the situation of a person for whom he has signed a request for psychiatric care, who is his relative to the fourth degree inclusive, whom he is treating…

The Committee meets at least once every three months, convened by its Chairman. Minutes of the meeting are drawn up and only the members of the Committee receive them. In order to carry out its duties, the Committee may appoint rapporteurs from among its members.

The Committee shall visit the approved establishments referred to in Article L. 3222-1 at least twice a year. For these visits, the number of committee members may be limited to two. In order to carry out this task, the establishments shall give the members of the committee full access to all the care buildings, to the register provided for in article L. 3212-11, to the register provided for in article…

The Prefect will determine the location of the Commission’s headquarters. The commission’s secretariat is provided by the regional health agency. The members of the secretariat are bound by professional secrecy under the conditions set out in articles 226-13 and 226-14 of the French Penal Code.

I.-For the application of the provisions of 1° of article L. 3223-1 and the last paragraph of article L. 3213-9, the Commission is informed of decisions to admit a person to psychiatric care taken pursuant to Chapters II to IV of Title I of this Book andarticle 706-135 of the Code of Criminal Procedure, decisions to maintain or renew these measures and decisions to lift them, as well as decisions…

When the committee, in application of article L. 3212-9, requires the psychiatric care measure to be lifted, it notifies the director of the establishment by registered letter with acknowledgement of receipt. The Director will inform the Commission of the date on which the measure will be lifted.

The compensation paid to members of the commission is set by order of the ministers responsible for the budget and health.