French Public Health Code
In forceI. - Subject to the adaptations provided for in this chapter, chapters I and V of title I of book I of this part are applicable in New Caledonia and French Polynesia, with the exception of articles L. 1111-1, L. 1111-3 to L. 1111-3-6, article L. 1111-8-2 and section 3 of chapter I, as well as article L. 1111-5-1 in New Caledonia.
Article L. 1111-2 is applicable in New Caledonia in the version resulting from law no. 2016-41 of 26 January 2016.
Subject to the adaptations provided for in II, Article L. 1111-7 is applicable in New Caledonia and French Polynesia in the version resulting from Order No. 2018-20 of 17 January 2018.
Article L. 1111-5-1 is applicable in French Polynesia in the version resulting from Law No. 2016-41 of 26 January 2016.
Articles L. 1111-2, L. 1111-4, L. 1111-6 and L. 1111-11 are applicable in French Polynesia in the version resulting from Order no. 2020-232 of 11 March 2020.
Article L. 1111-7 is applicable in French Polynesia in the version resulting from law no. 2021-1017 of 2 August 2021.
Article L. 1111-8 is applicable in New Caledonia and French Polynesia in the version resulting from Order No. 2017-27 of 12 January 2017 on the hosting of personal health data.
Articles L. 1111-8-1 and L. 1111-26 are applicable in New Caledonia and French Polynesia in the wording resulting from Order No. 2018-1125 of 12 December 2018 issued in application of Article 32 of Law No. 2018-493 of 20 June 2018 relating to the protection of personal data and amending Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms and various provisions concerning the protection of personal data.
II. - For their application in New Caledonia and French Polynesia:
1° In Article L. 1111-2 :
a) For its application to New Caledonia, at the end of the second sentence of the fifth paragraph, the words: "Articles L. 1111-5 and L. 1111-5-1" are replaced by the words: "Article L. 1111-5" ;
b) The sixth paragraph does not apply;
2° In Article L. 1111-5 :
a) For its application in French Polynesia, in the first paragraph, after the words: "Article 371-1 of the Civil Code", the following words are inserted: "subject to locally applicable regulations relating to the practice of professions";
b) The second paragraph does not apply;
2° bis For its application in French Polynesia, in Article L. 1111-5-1 :
a) The words: "the nurse" are replaced by the words: "subject to the regulations in force locally relating to the practice of professions, any health professional other than those to whom Article L. 1111-5 is applicable," ;
b) In the second and third sentences, the words "the nurse" are replaced by the words "the healthcare professional".
3° The third paragraph of Article L. 1111-6 is deleted;
4° In Article L. 1111-7 :
a) For its application in French Polynesia, in the first paragraph, the words: "by birthing centres," and in the second paragraph, the words: "under conditions defined by regulation at the latest within eight days of his/her request and at the earliest after a forty-eight hour reflection period has been observed" and the sentence: "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 commission for psychiatric care pursuant to the fourth paragraph. "are not applicable ;
b) For its application in New Caledonia, the second paragraph reads as follows:
She may have access to this information directly or through a doctor she designates and obtain communication of it. ;
c) For its application in New Caledonia, in the fifth paragraph, the words: "in articles L. 1111-5 and L. 1111-5-1" are replaced by the words: "in article L. 1111-5";
In the event of the patient's death, access to the patient's medical file by the heirs, the partner in 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 laid down in I of article L. 1130-4 is carried out under the conditions laid down in the last two paragraphs of V of article L. 1110-4.
d) The fourth and seventh paragraphs do not apply;
5° In Article L. 1111-8:
a) At the end of the first paragraph of I, the words: "in this article" are replaced by the words: "by the regulations applicable locally" ;
b) II, III, IV and VI do not apply;
5° bis For its application in French Polynesia, in Article L. 1111-8-1, the words: "Un décret en Conseil d'Etat, pris" and the word: "précise" are replaced by the words: "Les autorités locales compétentes" and the word: "fixent" ;
6° In Article L. 1111-9, the second sentence does not apply;
7° In article L. 1111-13, the words: "the code of medical ethics" are replaced by the words: "by the local regulations in force with the same purpose";
III. - (Repealed) ;
IV. - The last paragraph of article L. 1111-6 is not applicable in New Caledonia.
V. - Article L. 1111-11 is applicable in these two collectivities, subject to the following adaptations:
1° At the end of the second sentence of the second paragraph, the words: "after obtaining the opinion of the Haute Autorité de santé" are deleted;
2° The last paragraph is not applicable in New Caledonia.
VI.-For their application in New Caledonia and French Polynesia :
1° In article L. 1111-25, the words: "mentioned in I of article L. 312-1 of the code de l'action sociale et des familles" are deleted;
2° The third paragraph of Article L. 1111-26 is deleted.
VII - For its application in French Polynesia, in Article L. 1115-1, the words: "without holding the authorisation provided for in Article L. 1111-8 or processing such data without complying with the conditions of the authorisation obtained" are replaced by the words: "or processing such data without complying with the locally applicable regulations referred to in Article L. 1111-8".
