Section 2: The therapeutic injunction process

The judicial authority will inform the Prefect and the Director General of the Regional Health Agency of the therapeutic injunction measures it has ordered within fifteen days of notification of the measure and will send them copies of any documents it deems useful. The Director General of the Regional Health Agency will forward these documents without delay to the intermediary doctor he has appointed to carry out the medical examination…

The relay doctor carries out a medical examination of the person concerned within one month of receiving the documents relating to the procedure. In the light of this examination and the documents sent and, where applicable, the results of the investigation referred to in article L. 3413-1, the relay doctor will give the judicial authority his reasoned opinion on the medical appropriateness of the therapeutic injunction measure. If he considers…

The relay doctor informs the doctor chosen by the person subject to the therapeutic injunction of the legal framework in which the injunction operates. This doctor confirms to the relay doctor, in writing and within a fortnight, his agreement to take charge of this person. Failing this, or if the person withdraws, the relay doctor invites the person to choose another doctor.

If the patient is a minor, the doctor responsible for his or her medical care is chosen by his or her legal representatives. The minor’s agreement to this choice must be sought. When the person is an adult subject to a legal protection measure with representation relating to the person, and is not capable of expressing his wishes, this choice is made, under the same conditions, by the person in…

The relay doctor monitors how the therapeutic injunction is being implemented. In the third and sixth months of the measure, he carries out a new medical examination of the person concerned, then, if the measure continues, new examinations every six months. At the end of each examination, he informs the judicial authority of any changes in the person’s medical situation. This information is set out in a written report mentioning…

Once the measure has been implemented, the relay doctor destroys all the procedural documents sent to him or her. When the judicial authority decides to terminate a therapeutic injunction measure, it informs the Prefect and the Director General of the Regional Health Agency, who informs the relay doctor.