French Public Health Code
In forceI. - Any professional in one of the categories in article R. 1110-2 wishing to exchange information relating to a person receiving care, under the terms of II of article L. 1110-4, with a professional in the other category, shall inform the person concerned in advance, firstly of the nature of the information to be exchanged, and secondly either of the identity of the recipient and the category to which he belongs, or of his position within a precisely defined structure.
II. - When they are members of the same healthcare team, professionals in one of the categories mentioned in article R. 1110-2 share information relating to a person under their care with those in the other category, within the strict limits of article R. 1110-1, and inform the person concerned in advance. In implementing this sharing, they take account of the recommendations drawn up by the Haute Autorité de Santé with the assistance of professional bodies, in particular with regard to the categories of information to which they have access.
III. - When the person is incapable of expressing his or her wishes, only the urgency or impossibility of informing this person may exempt the professional or person involved in his or her care from the obligation to provide prior information. However, the person concerned is informed, as soon as their state of health allows, of the exchange or sharing of information that has taken place. This is recorded in the medical record.
