French Public Health Code
In forceI. - Title I of Book II of this Part is applicable in New Caledonia and French Polynesia, subject to the adaptations provided for in II.
Articles L. 3211-11-1, L. 3211-2-3, L. 3211-12-1, L. 3211-12-7, L. 3212-5, L. 3212-7, L. 3212-8, L. 3214-1, L. 3215-1 and L. 3215-2 shall apply in New Caledonia and French Polynesia in the version resulting from Law no. 2021-998 of 30 July 2021 on the prevention of acts of terrorism and intelligence, subject to the adaptations set out in II.
Articles L. 3211-12, L. 3211-12-2 and L. 3211-12-4 are applicable in New Caledonia and French Polynesia, in the wording resulting from Law no. 2022-46 of 22 January 2022 strengthening health crisis management tools and amending the Public Health Code, subject to the adaptations provided for in II of this article.
II. - For the application of Title I of Book II of this Part in New Caledonia and French Polynesia:
1° The reference to the representative of the State in the department is replaced by the reference to the High Commissioner of the Republic;
2° References to the Tribunal de Grande Instance are replaced by references to the Tribunal de Première Instance;
3° In the second paragraph of article L. 3211-1, the words: ", public or private," and the words: "both inside and outside the psychiatric sector corresponding to their place of residence" are deleted;
4° In 1° and 2° of I of Article L. 3211-2-1, the words: "mentioned in Article L. 3222-1 of this Code" and the words: "mentioned in the same Article L. 3222-1" are respectively replaced by the words: "authorised to treat people suffering from mental disorders in accordance with the regulations applicable locally";
4° bis In the first sentence of Article L. 3211-2-3, the words: "in accordance with the terms and conditions set out in an agreement" are deleted;
5° 1° of Article L. 3211-3 is amended as follows :
a) For its application in French Polynesia, the words: "the authorities mentioned in Article L. 3222-4" are replaced by the words: "the representative of the State, the public prosecutor at the court of first instance, the president of the government of French Polynesia, the vice-president of the government, the minister responsible for health and the mayor of the commune";
b) For its application in New Caledonia, the words: "the authorities mentioned in Article L. 3222-4" are replaced by the words: "the representative of the State, the public prosecutor at the court of first instance, the president of the government of New Caledonia, the vice-president of the government, the member of the government responsible for leading and monitoring the hospital administration sector and the mayor of the municipality";
6° In 2° of the same Article L. 3211-3, the words: "and, where the person is hospitalised, the committee referred to in Article L. 1112-3" are deleted;
7° In the second sentence of the first paragraph of II of Article L. 3211-2-1, in the last paragraph of Article L. 3211-9, in the first sentence of the last paragraph of II of Article L. 3211-12, in the first sentence of the last paragraph of I of Article L. 3211-12-1, in Article L. 3211-13, in the second paragraph of 1° of II of Article L. 3212-1, in Article L. 3212-12, in Article L. 3213-11, in the second sentence of the last paragraph of Article L. 3214-2 and in Article L. 3214-5, the words: "en Conseil d'Etat" are deleted;
8° In the third paragraph of Article L. 3211-12-2, the words "the regional health agency" are replaced by the words "the competent local authorities";
9° In the first paragraph of I and in the last sentence of the last paragraph of 1° of II of Article L. 3212-1, the words: "mentioned in Article L. 3222-1" are replaced by the words: "authorised to treat people suffering from mental disorders in accordance with locally applicable regulations";
10° In the first sentence of I of Article L. 3212-5, in the last paragraph of Article L. 3212-7, in 1° of Article L. 3212-9, in II of Article L. 3213-3, in the third paragraph of Article L. 3213-4 and in 3° of Article L. 3213-9, the words: "commission départementale des soins psychiatriques" are replaced by the word: "commission";
11° In the penultimate paragraph of Article L. 3212-11, the words: "in application of Articles L. 3222-4 and L. 3223-1" are replaced by the words: "in accordance with locally applicable regulations";
12° The first paragraph of Article L. 3213-1 is amended as follows
a) In the penultimate sentence of the first paragraph, the words: "prefectoral orders" are replaced by the words: "orders of the High Commissioner of the Republic";
b) In the second paragraph, the words: "departmental commission for psychiatric care" are replaced by the word: "commission";
13° In the second sentence of the first paragraph of Article L. 3213-5-1, the words: ", after receiving the opinion of the Director General of the Regional Health Agency for the region in which the establishment is located" are deleted;
14° Article L. 3214-1 reads as follows:
"Art. L. 3214-1. - I. - Prisoners suffering from mental disorders are subject to psychiatric care with their consent. When detainees under unrestricted psychiatric care require full-time hospitalisation, this shall take place in a healthcare establishment within a suitable structure.
"II. - When their mental disorders make it impossible for them to consent, detainees may be subject to psychiatric care without consent pursuant to article L. 3214-3. Prisoners admitted for psychiatric care without consent are only cared for in the form mentioned in 1° of II of article L. 3211-2-1. They are hospitalised in a healthcare establishment within an adapted structure or, on the basis of a medical certificate, within an adapted unit.
"III. - Where their interests justify it, detained minors may be hospitalised in an appropriate department in a health establishment outside the units provided for in I and II of this article. "
15° Article L. 3214-3 is amended as follows :
a) In the first paragraph, the words: "the Prefect of Police in Paris or the representative of the State in the department in which the prison to which the prisoner is assigned is located" are replaced by the words: "the High Commissioner of the Republic";
b) In the first sentence of the last paragraph, the words: "prefectoral orders" are replaced by the words: "orders of the High Commissioner of the Republic";
16° Articles L. 3215-1, L. 3215-2 and L. 3215-4 are amended as follows:
a) After the word "fine", the words "or their equivalent in local currency" are inserted;
b) The words: "establishment mentioned in article L. 3222-1" are replaced by the words: "establishment authorised to treat people suffering from mental disorders in accordance with locally applicable regulations".
