Question 8644 — health professions

Summary

Mr. Raphaël Arnault draws the attention of the Minister to the Minister of Labor, Health, Solidarity and Families, responsible for health and access to care, to the abusive use of article R. 4127-28 of the public health code. Doctors, in particular psychiatrists, are today exposed to disciplinary procedures initiated on the basis of article R. 4127-28 of the public health code, which prohibits the issuance of tendentious reports or certificates of convenience. This text is regularly invoked by certain employers to denounce medical certificates issued in the context of work stoppage or an occupational accident. However, article R. 441-10 of the social security code, modified by decree no. 2019-854 of August 20, 2019, requires practitioners to mention “all findings which could present a importance for determining the traumatic or morbid origin of the lesions”. Consistent case law recognizes that these certificates must be detailed, particularly when the pathology is linked to factors of a professional nature, such as work overload, violence, or toxic exposure. The misuse of article R. 4127-28 of the public health code harms the quality of care, the recognition of occupational diseases and weakens the clinical independence of practitioners. It favors strategies of judicial or ordinal harassment on the part of malicious employers, contrary to the fundamental principles set out in article L. 1110-1 of the public health code. He would like to know the provisions that the ministry plans to take as regulations necessary to develop article R. 4127-28 of the Public Health Code, in order to protect doctors against unjustified prosecution when they act strictly within the framework of their legal obligations.

Machine translation from French. The official text remains authoritative.

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