French Public Health Code
In forceI.-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 referred to in article L. 3222-1 that will provide care for the patient.
The director of the receiving establishment immediately sends the State representative in the department and the departmental psychiatric care commission mentioned in article L. 3222-5 :
1° The medical certificate referred to in the second paragraph of article L. 3211-2-2 ;
2° The medical certificate and, where applicable, the proposal mentioned in the last two paragraphs of the same article L. 3211-2-2.
II - Within three clear days of receipt of the medical certificate referred to in the penultimate paragraph of article L. 3211-2-2, the State representative in the département will decide on the form of care provided for in article L. 3211-2-1, taking into account the proposal drawn up, where applicable, by the psychiatrist in application of the last paragraph of article L. 3211-2-2 and requirements relating to personal safety and public order. It shall attach to its decision, where applicable, the care programme drawn up by the psychiatrist.
Pending the decision of the State representative, the patient is cared for in the form of full hospitalisation.
III -When the proposal drawn up by the psychiatrist in application of article L. 3211-2-2 recommends care in a form other than full hospitalisation, the State representative may only change the form of care for the persons mentioned in II of article L. 3211-12 after obtaining the opinion of the college mentioned in article L. 3211-9.
IV - The provisional measures, decisions, opinions and medical certificates mentioned in this chapter appear in the register mentioned in article L. 3212-11.
