themselves, and specifies that “in the absence of a trusted person appointed as legal
representative, the health professional shall consult the close relations present. The reason for
which the health professional needed to consult the latter, and the contents of the information
given, shall be stated in the medical file” 111.
In any case, the Act of 4th March 2002 provides that patients shall be interviewed by a
health professional individually, which demands great receptiveness insofar as it is important for
the person to understand the information given to them. Cases are regularly referred to the
CGLPL by persons hospitalised without their consent, explaining their anxiety and their
questions about the treatments given to them and the course of their stay in hospital: “why am I
here, how long am I going to stay here, what is expected of me, how can I be discharged?”
When the psychiatrists do not spend much time in the departments, patients
have little information at their disposal enabling them to make enlightened
choices (once the period of crisis is over) and agree to the treatments given
to them, with regard in particular to any major side-effects caused thereby.
Similarly, the CGLPL observes that the right of access to medical files, as provided for by
the Act of 4th March 2002, is subject to a procedure whose implementation is generally slow.
Indeed, the principle of provision of information means giving patients direct access to their
medical files and to health information concerning them. However, article L. 1111-7 of the Public
Health Code provides that, in the case of persons hospitalised without consent, the consultation
of information may be subject to the presence of a doctor appointed by the applicant in case of
any specific serious risk 112. Nevertheless, it should be pointed out that disclosure application
procedures on the part of persons hospitalised without consent are very rare.
The CGLPL recalls that the Act of 4th March 2002 concerning patients’ rights and the
quality of the health system, in particular with regard to its provisions concerning
information and trusted persons appointed as legal representatives should be applied
in a manner appropriate to institutions catering for persons hospitalised without their
consent.
Provision of Information in Seclusion Rooms
Persons placed in seclusion rooms should receive special notification enabling them to
understand the measures applied to them and prevent the anxiety-inducing, or even traumatic
effects thereof.
In general, seclusion room placement procedures provide for information to be given at
the time of the placement, since the patient should receive “information coordinated by the
professionals concerning their treatment and state of health throughout the time of their
treatment” and that, finally, an interview should be conducted when the patient returns to their
room of origin, in order to take note of “the patient’s experience in the seclusion room”.
However, these provisions are not always implemented in health institutions. The
CGLPL observes that visits by psychiatrists to seclusion rooms are very uneven; twice per day in
some institutions, every 24 hours, in order to decide whether to maintain or bring the measure to
an end in others. Similarly, there are great differences in the time devoted by doctors to end of
seclusion interviews, when such interviews are held.
state to express their will. This person may be a parent, close relation, general practitioner etc. If the patient so
wishes, the trusted person appointed as a legal representative may also assist them in the accomplishment of
formalities and be present at medical interviews, in order to help them make decisions.
111
Recommendation concerning the issuing of information to persons on their state of mental health, May 2012.
112
In case of refusal of the application, the case is referred to the departmental committee for psychiatric treatment.
127
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