French Public Health Code
In forceAll persons have access to all information concerning their health held, in any capacity whatsoever, by healthcare professionals, healthcare establishments, healthcare centres, birthing centres, the armed forces health service or the national invalids' institution, which is formalised or has been the subject of written exchanges between healthcare professionals, in particular examination results, consultation, operation, exploration or hospitalisation reports, therapeutic protocols and prescriptions implemented, monitoring sheets, correspondence between healthcare professionals, with the exception of information stating that it has been collected from or concerning a third party not involved in the therapeutic management.
The patient may access this information directly or through the intermediary of a doctor designated by the patient and obtain communication of it, under conditions defined by regulation, at the latest within eight days of the request and at the earliest after a forty-eight hour reflection period has been observed. This period is extended to two months when the medical information is more than five years old or when the matter is referred to the departmental psychiatric care commission in application of the fourth paragraph. When the adult is the subject of a legal protection measure with representation relating to the person, the person in charge of the measure has access to this information under the same conditions. Where the adult is the subject of a legal protection measure with assistance, the person in charge of assistance may access this information with the express consent of the protected person.
The presence of a third party during the consultation of certain information may be recommended by the doctor who drew it up or who is responsible for it, for reasons relating to the risks that the person concerned would incur if he or she were to be informed of it unaccompanied. The refusal of the person concerned does not prevent this information from being communicated.
Exceptionally, consultation of the information gathered, in the context of an admission to psychiatric care decided upon in application of Chapters II to IV of Title I of Book II of Part Three of this Code or ordered in application ofarticle 706-135 of the Code of Criminal Procedure, may be subject to the presence of a doctor designated by the applicant in the event of particularly serious risks. If the applicant refuses, the matter is referred to the departmental psychiatric care commission. Its opinion is binding on both the holder of the information and the applicant.
Subject to the objection provided for in articles L. 1111-5 and L. 1111-5-1, in the case of a minor, the right of access is exercised by the person or persons with parental authority. At the request of the minor, this access takes place through the intermediary of a doctor.
In the event of the patient's death, access to the patient's medical file by the heirs, the cohabitee, the partner linked by a civil solidarity pact or the doctor caring for a person likely to be the subject of an examination of genetic characteristics under the conditions provided for in I of article L. 1130-4 is carried out under the conditions provided for in the last two paragraphs of V of article L. 1110-4.
On-site consultation of the information is free of charge.
