Question 14356 — health professions

Summary

Mr. Mohamed Laqhila questions the Minister of Health and Prevention about the limitation on the exercise of health professionals induced by the decree of August 13, 2014 relating to the taking of samples for biological analysis. Article L. 6211-13 of the Public Health Code determines the taking of biological samples for the purposes of a medical biology examination, including the categories of health professionals authorized to carry out the sample as well as the places and conditions allowing it to be carried out are set by order of August 13, 2014. This order sets the places for carrying out the examinations, outside a medical biology laboratory, as well as the places for taking biological samples for examination purposes; but it also specifies that the collection of a biological sample cannot be carried out in a practitioner's office authorized only in the case where it cannot be carried out either on the site of a medical biology laboratory, nor in a health establishment, nor at the patient's home. On the other hand, Order No. 10-49 of January 13, 2010 does not formally prohibit IDEs from carrying out samples, but limits their intervention by making them subject to the agreement of the medical analysis laboratories responsible for the entire process of processing the biological samples and article R. 4311-7-35 of the public health code which specifies that in application of a written, qualitative and quantitative medical prescription, dated and signed, or in application of a written, qualitative and quantitative protocol, dated and signed, the nurse can take blood samples by venous or capillary puncture or by venous catheter. Therefore, the decree of August 13, 2014 which was to define the categories of authorized health professionals, is antagonistic in its second part to Ordinance No. 10-49 and to the NGPA and introduces a subordination which could result in the prohibition of liberal activity in its entirety. Therefore, he questions him about the decree of August 13, 2014, fixing the places for carrying out examinations outside of a medical biology laboratory, which risks amputating authorized professionals of part of their competence, including the act of sampling which is included in the general nomenclature of professional acts, for the benefit of medical analysis laboratories even though they sign an agreement with them governing their practices and therefore authorizing them to carry out the samples.

Machine translation from French. The official text remains authoritative.

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