French Public Health Code
In forceAuthorisation is granted, taking into account the elements of the certification reports issued by the Haute Autorité de santé which concern the project for which it is requested and which are relevant on the date of the decision (1), when the project:
1° Meets the health needs of the population identified by the plan mentioned in article L. 1434-2 or in 2° of article L. 1434-6 ;
2° Is compatible with the objectives set by this plan;
3° Meets the conditions for location and technical operating conditions.
Authorisations derogating from 1° and 2° may be granted in exceptional circumstances and in the interests of public health, after obtaining the opinion of the specialised commission of the Regional Conference on Health and Autonomy responsible for the health sector.
When the rules laid down pursuant to Article L. 1151-1 cover the scope of a healthcare activity subject to the authorisation provided for in Article L. 6122-1, the establishments holding this authorisation must comply with these rules in addition to the location conditions and technical operating conditions provided for in Articles L. 6123-1 and L. 6124-1 applicable to the healthcare activity concerned. The provisions of the sixth paragraph of article L. 1151-1 are applicable to these establishments.
Existing authorisations that are incompatible with the implementation of the provisions relating to the organisation of care set out in the plan mentioned in L. 1434-2 or in 2° of article L. 1434-6 are revised in accordance with the procedure set out in article L. 6122-12.
Notification of the proposed revision takes place within six months of publication of the applicable plan. The revision may lead to the withdrawal of the authorisation. The deadline for implementing the change to the authorisation is set by the decision of the Regional Health Agency provided for in the third paragraph of the same article L. 6122-12; it may not exceed one year.
