Section 1: Relay doctors

A departmental list of relay doctors authorised to monitor therapeutic injunction measures in application of article L. 3413-1 is drawn up by the Director General of the Regional Health Agency, after receiving the assent of the Public Prosecutor at the Court of Appeal. It is reviewed annually.

Doctors may be included on the departmental list, at their request or with their agreement: 1° Have been registered with a medical association or, with the authorisation of the Minister of Defence, have been covered by the provisions of article L. 4138-2 of the Defence Code, for at least three years ; 2° Have not been convicted of an offence contrary to honour, probity or accepted principles of morality, as…

In order to be approved as a relay doctor, the interested party must send the Director General of the Regional Health Agency a file comprising : 1° A statement of his professional activities, places and dates of practice ; 2° A certificate showing that the conditions set out in 1° and 3° of article R. 3413-2 have been met. This certificate is issued, depending on the case, by the Conseil…

The removal of a relay doctor from the departmental list is ordered by the Director General of the Regional Health Agency: 1° As soon as one of the conditions laid down in article R. 3413-2 ceases to be met ; 2° After approval from the public prosecutor at the court of appeal, at the reasoned request of the public prosecutor, the liberty and custody judge, the examining magistrate, the juvenile…

A relay doctor may ask the Director General of the Regional Health Agency to be removed from the list by registered letter with acknowledgement of receipt. He shall immediately inform the magistrates responsible for monitoring the cases of the persons for whom he has been designated as the relay doctor, as well as the doctors that these persons have chosen for their medical care. Withdrawal takes effect at the end…

The following doctors may not be appointed as relay doctors for a given person: – who is related to the person subject to a therapeutic restraining order by blood or marriage up to the fourth degree or who is a hierarchical relative; – or who is the treating doctor for this person within the meaning ofarticle L. 162-5-3 of the Social Security Code or who usually provides care for this…

If the number of relay doctors on the list appears to be insufficient, the Director General of the Regional Health Agency may appoint a relay doctor from the list drawn up in another département, unless he/she refuses. Failing this, he will designate, with the approval of the public prosecutor at the court of appeal, for a period of no more than one year, a doctor who meets the conditions defined…

The relay doctors receive a flat-rate allowance for each person they monitor, in accordance with the conditions laid down by joint order of the ministers responsible for the budget and health.

The duties of relay doctor carried out by a full-time hospital practitioner are in the context of the missions defined in 5° of article R. 6152-24 or article 14 of decree no. 2021-1645 of 13th December 2021 relating to teaching and hospital staff in hospitals and university centres.