French Public Health Code
In forceIn Mayotte, a health professional may not refuse to treat a person for one of the reasons referred to in the first paragraph of article 225-1 or article 225-1-1 of the Penal Code.
Any person who believes that he or she has been the victim of an unlawful refusal of treatment may report the facts that give rise to a presumption of the existence of such a refusal to the president of the competent territorial council of the professional association concerned. This referral is equivalent to filing a complaint. It is communicated to the authority to which it has not been sent. The recipient acknowledges receipt of the complaint, informs the accused healthcare professional and may summon him/her to a meeting within one month of the date on which the complaint was registered.
Except in the case of a repeat offence, a conciliation procedure will be carried out within three months of receipt of the complaint by a committee made up of representatives of the relevant local council of the professional association concerned.
If the conciliation fails, or in the event of a repeat offence, the president of the council with territorial jurisdiction will forward the complaint to the competent Ordinary Court, giving his reasoned opinion and associating himself where appropriate.
Except in emergencies and where the healthcare professional is failing in his duty of humanity, the principle set out in the first paragraph of this article shall not prevent a refusal of care based on an essential and determining personal or professional requirement for the quality, safety or effectiveness of care. Continuity of care must be ensured whatever the circumstances, under the conditions laid down in article L. 6315-1 of this Code.
The procedures for applying this article are laid down by decree in the Conseil d'Etat.
