French Public Health Code
In forceI. - Everyone has the right to be informed about their state of health. This information relates to the various investigations, treatments or preventive actions proposed, their usefulness, any urgency, their consequences, the frequent or serious risks normally foreseeable that they entail, as well as the other possible solutions and the foreseeable consequences of refusal. He/she is also informed of the possibility of receiving, when his/her state of health so permits, in particular when he/she is receiving palliative care within the meaning of article L. 1110-10, care on an outpatient basis or at home. Account is taken of the person's wish to receive one of these forms of care. When new risks are identified after the investigations, treatments or preventive measures have been carried out, the person concerned must be informed, unless it is impossible to trace him or her.
All healthcare professionals are responsible for providing this information within the scope of their competence and in compliance with the professional rules applicable to them. Only in cases of urgency or where it is impossible to provide information may they be exempted.
This information is given during a personal interview.
A person's wish to be kept in ignorance of a diagnosis or prognosis must be respected, except when third parties are exposed to a risk of transmission.
II. - The rights of minors referred to in this article are exercised by the persons with parental authority or by the guardian, who receive the information provided for in this article, subject to articles L. 1111-5 and L. 1111-5-1. Minors have the right to receive information themselves and to participate in decision-making concerning them, in a manner appropriate to their degree of maturity.
III. - The information provided for in this article is given to adults protected under the provisions of Chapter II of Title XI of Book I of the Civil Code in a manner suited to their ability to understand.
This information is also given to the person in charge of a legal protection measure with representation relating to the person. It may be given to the person responsible for a legal protection measure with personal assistance if the protected adult expressly consents to this.
IV. - Recommendations for good practice regarding the provision of information are drawn up by the Haute Autorité de Santé and approved by order of the Minister of Health.
In the event of a dispute, it is the responsibility of the healthcare professional or establishment to provide proof that the information was given to the person concerned in accordance with the conditions laid down in the present article. This proof may be provided by any means.
The health care institution shall collect from the hospitalised patient the details of the health care professionals from whom he wishes to be collected the information necessary for his care during his stay and to be given the information necessary for the continuity of care after his discharge.
