Subsection 1: Discriminatory refusal of care

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Article R1541-1

French Public Health CodeIn force

Updated 4 Nov 2023

I.- Pursuant to article 6-2 of organic law no. 99-209 of 19 March 1999 relating to New Caledonia and article 7 of organic law no. 2004-192 of 27 February 2004 on the autonomous status of French Polynesia, articles R. 1110-8 to R. 1110-14 are automatically applicable in New Caledonia and French Polynesia, subject to the adaptations provided for in II.

II.- For their application in New Caledonia and French Polynesia: 1° In article R. 1110-8, the words appearing after the words: "code pénal" are deleted; 2° In article R. 1110-14, the words appearing after the words: "code pénal" are deleted.For their application in New Caledonia and French Polynesia:

1° In article R. 1110-8, the words appearing after the words: "penal code" are deleted;

2° In the title of sub-section 2, the word: "mixed" is deleted;

3° Article R. 1110-9 is replaced by the following provisions:

"Art. R. 1110-9.-In New Caledonia and French Polynesia, the conciliation commission referred to in article L. 1110-3 as amended by II of Article L. 1541-2, which has jurisdiction in the event of a complaint lodged by a person who considers that he or she has been the victim of a discriminatory refusal of care by a health professional belonging to a professional body, is made up of at least three members elected, for a period of three years, from among the members of the body of the professional body on whose roll the health professional is registered on the date of the referral. "

4° In article R. 1110-10:

a) The first paragraph is deleted;

b) In the third paragraph, the words: ", in particular from the medical control department" are deleted;

c) The fourth paragraph is replaced by the following paragraph:

"The secretariat for the meeting is provided by the competent body of the professional body referred to in article R. 1110-9. ";

5° In article R. 1110-11:

a) In the first paragraph, the words: "the director of the local health insurance body or" are deleted, the words: "of the council" are replaced by the words: "of the body" and the words: "mentioned in 1° and 2° of" are replaced by the words: "mentioned in";

b) In the second paragraph, the words: "approved pursuant to article L. 1114-1" are deleted;

c) In the third paragraph, the words: "the authority" are replaced by the words: "the competent professional body referred to in Article R. 1110-9" and the words: "to the authority to which it was not sent and" are deleted;

d) In the fourth paragraph, the words: "the receiving authority" are replaced by the words: "the body of the competent professional body mentioned in article R. 1110-9" and the words: "by the authority" are deleted;

6° In article R. 1110-12:

a) The first paragraph is deleted;

b) In the second paragraph, the words: "approved within the meaning of Article L. 1114-1" are deleted;

7° In Article R. 1110-13:

a) In the first paragraph, the words "of the board" are replaced by the words "of the body";

b) The second paragraph is deleted;

8° In Article R. 1110-14, the second paragraph is replaced by the following paragraph:

"In this case, the president of the body of the ordre referred to in article R. 1110-9 shall forward the complaint to the competent court of the ordre within a maximum of three months from the date of receipt, with his reasoned opinion and, where appropriate, associating himself with it. "

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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