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Table 2 Decree 2006-120 of February 6th, 2006 concerning the statutory collegial procedure 2005-370 of April 22nd, 2005 relative to the rights of patients and at the end of life

From: Ethics review: End of life legislation – the French model

Article 1: the article R. 4127-37 of the Code of public health is replaced by the following amendments:

Article R. 4127-37, I: In all circumstances, the doctor must endeavour to alleviate the patient's suffering by means adapted to his/her state of health and assist him/her morally. He/she must refrain from any unreasonable obstinacy in his/her investigations or therapies and may stop undertaking or pursuing treatments which appear pointless, disproportionate or which have no other aim or effect than the artificial maintenance of life.

Article R. 4127-37, II: When the patient is unable to express his/her will, the doctor shall not decide to limit or stop ongoing treatments without having previously implemented a collegial procedure in the following manner:

   "The decision shall be reached by the doctor treating the patient, after consultation with the care team if there is one and in concordance with the opinion of at least one other doctor, called in as a consultant. The motives for the opinion shall be made explicit. There must be no hierarchical tie between the doctor treating the patient and the consultant. The opinion of a second consultant shall be requested by these doctors if this is considered useful by one of them."

   "The decision shall take into account: the desires which the patient may have expressed previously, in particular in his/her advance directives, if he/she has written any; the opinion of the trusted person he/she may have appointed; as well as that of the family or, failing that, of one of his/her close relations."

   "When the decision concerns a minor or a person of full age under protective supervision, the doctor shall also ask for, depending on cases, the opinion of persons having parental authority or of the guardian, except in situations where emergency might make this consultation impossible."

   "The motives for the decision shall be made explicit. The views provided, the nature and meaning of the consultations that took place in the care team, and the reasons for the decision shall be noted in the patient's record."