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Chapter III: Admission to psychiatric care by decision of the State representative.

Article L3213-1 of the French Public Health Code

I.-The representative of the State in the département issues an order, in the light of a detailed medical certificate that cannot come from a psychiatrist practising in the host establishment, for the admission into psychiatric care of persons whose mental disorders require care and compromise personal safety or seriously undermine public order. Prefectoral orders are reasoned and state precisely the circumstances that made the admission necessary. They designate the establishment…

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Article L3213-2 of the French Public Health Code

In the event of imminent danger to personal safety, as certified by a medical opinion, the mayor and, in Paris, the police commissioners shall take all necessary provisional measures with regard to persons whose behaviour reveals manifest mental disorder, on condition that they refer the matter within twenty-four hours to the representative of the State in the département, who shall take a decision without delay and, if necessary, issue an…

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Article L3213-3 of the French Public Health Code

I.-In the month following the admission to psychiatric care decided upon in application of this chapter or resulting from the decision mentioned in article 706-135 of the Code of Criminal Procedure, and at least every month thereafter, the patient will be examined by a psychiatrist from the host establishment who will draw up a detailed medical certificate confirming or refuting, if necessary, the observations contained in the previous certificates and…

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Article L3213-4 of the French Public Health Code

In the last three days of the first month following the decision to admit the patient to the psychiatric care referred to in I of article L. 3213-1 or, where applicable, following the provisional measure referred to in article L. 3213-2, the State representative in the département may decide, in the light of the medical certificate or medical opinion referred to in article L. 3213-3, to maintain the care measure…

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Article L3213-5-1 of the French Public Health Code

The representative of the State in the département may at any time order the psychiatric assessment of persons subject to a psychiatric care measure ordered in application of this chapter or chapter IV of this title or ordered in application of article 706-135 of the Code of Criminal Procedure. This expert assessment is carried out by a psychiatrist who does not belong to the institution in which the patient is…

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Article L3213-6 of the French Public Health Code

When a psychiatrist in the institution receiving a person undergoing psychiatric care pursuant to article L. 3212-1 certifies in a medical certificate or, when it is not possible to examine the person concerned, in a medical opinion based on his or her medical file, that the mental state of this person requires care and compromises the safety of individuals or seriously affects public order, the director of the host establishment…

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Article L3213-7 of the French Public Health Code

When the judicial authorities consider that the mental state of a person who has benefited, on the basis of the first paragraph of article 122-1 of the French Criminal Code, from a decision to discontinue proceedings, a decision that the person is not criminally irresponsible or a judgment or ruling declaring that the person is not criminally irresponsible requires care and compromises the safety of individuals or seriously undermines public…

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Article L3213-8 of the French Public Health Code

I.- If the panel mentioned in article L. 3211-9 issues an opinion to the effect that the measure of psychiatric care in the form of full hospitalisation to which a person mentioned in II of article L. 3211-12 is subject is no longer necessary and that the measure of care without consent can be lifted, the State representative in the department shall order an expert assessment of the person’s mental…

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Article L3213-9 of the French Public Health Code

Within twenty-four hours of any admission for psychiatric care taken in application of this chapter or chapter IV of this title or on the basis of a court order, of any decision to maintain this measure and of any lifting of this measure, the State representative in the department will notify : 1° The Public Prosecutor of the judicial court within whose jurisdiction the institution receiving the patient is located…

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Article L3213-9-1 of the French Public Health Code

I.-If a psychiatrist involved in the patient’s care certifies in a medical certificate that a psychiatric care measure in the form of full hospitalisation is no longer necessary and that the care measure without consent can be lifted or that the patient can be cared for in the form mentioned in 2° of I of article L. 3211-2-1, the director of the host establishment will refer the matter within twenty-four…

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