In the midst of a heated political debate on the transformation of the health pass into a vaccine pass in order to fight against the Covid-19 epidemic, some Internet users are offended, on Twitter, at the discrimination that the unvaccinated patients of a liberal doctor would suffer.
They want as proof the photo of a prescription in the name of this doctor practicing in Burgundy-Franche-Comté, which would have been posted in his office, and on which we can read the following message, in capital letters: “The patients not vaccinated are no longer allowed to enter the office (except in an absolute emergency). “
“Did this doctor really take an oath?” It takes on very disturbing proportions… ”, alarms one of the Internet users who relayed the viral photo, when another tweet wonders about the possible summons of this doctor“ before the disciplinary chamber of the Order of Physicians ” .
FAKE OFF
Contacted by 20 minutes, the doctor mentioned on the prescription was not available by phone on Tuesday, January 4. However, he affirmed, via the greeting message of his telephone answering machine, to receive “all patients […] vaccinated or not vaccinated ”, before redirecting,“ in an emergency ”, to the“ doctor on call ”and“ emergencies ”, pending the reopening of his office, scheduled for the next day.
Finally joined by 20 minutes this Wednesday, he confirms having briefly posted this message in his waiting room last month: “I put up the poster around December 15, for two days, then I received a call from the Council of the Order. doctors and I took it out. “
Abusive calls and negative comments on Google
“My intention was to protect my patients, in the waiting room, and myself from any contamination [au Covid-19]. A hospital doctor has the right to do what I have done, since you can only access the hospital by being vaccinated or having a negative test. [sauf en cas d’urgence]. But me, I do not have the right to do that in my office “, he laments, while confirming that he receives today” everyone in his office, vaccinated as not vaccinated “.
“On my return from vacation, Monday January 3, I received 11 insulting phone calls, including a person who asked me for an appointment for Kim Jong-un [dirigeant suprême de Corée du Nord], to tell you the level. It’s rubbish… ”, sighs the doctor, who fears that“ the next stage will be a physical assault ”. As soon as the photo went viral, many Internet users had also assigned very negative ratings and comments on his firm’s professional Google page.
Is the note legal?
Can a liberal doctor legally refuse to receive patients on the grounds that they are not vaccinated against Covid-19? For Matthieu Seingier, lawyer at the Paris bar joined by 20 minutes, difficult to decide precisely one way or the other: “All the nuance is in the mention” except absolute urgency “at the end of the word: if he had not provided this precision, it would have been clearly illegal since ‘a doctor has an obligation to take care in an emergency. “
As recalled the website of the Ministry of Health, “Any doctor who is in the presence of a sick or injured person in danger or, informed of such a situation, must assist him or ensure that he receives the necessary care. “
A conscience clause with specific contours
The fact that he is required to act in an emergency situation thus takes precedence over his conscience clause, which allows him “to refuse the performance of a medical act which is however authorized by law but which he considers contrary to their own personal, professional or ethical beliefs. “
“This possibility is only possible under certain strictly defined conditions. […] : he can refuse care for professional or personal reasons, for example in the event of disagreement with a patient, aggressive behavior, or incompetence given the specificity of a disease ”, adds the Ministry of Health . And Matthieu Seingier clarified: “Doctors must allow patients to consult another doctor within a reasonable time. “
In its code of ethics on the “refusal of care”, the National Council of the Order of Physicians (Cnom) also specifies that in the event of refusal for professional reasons (such as too many patients), “the doctor must inform the patient of the reasons for which he refuses to take charge of ”, which is not the case if it is a personal reason (such as a“ breach of trust [avec] his patient ”).
On the other hand, no doctor has the right to refuse a patient on discriminatory grounds, in accordance with article R.4127-7 of the Public Health Code, according to which he “must listen to, examine, advise or treat with the same conscience all people regardless of their origin, their customs and their family situation, their belonging or not belonging to an ethnic group , a nation or a particular religion, their handicap or their state of health, their reputation or the feelings which he / she may have towards them. “Cases which, in practice,” rather concern doctors refusing patients concerned by universal health coverage (CMU) or State medical aid (AME) “, underlines Matthieu Seingier.
A discriminatory refusal?
Is a complaint of discrimination possible for unvaccinated patients who would be refused a consultation by a liberal doctor? For the lawyer, in view of the recent decisions of the Constitutional Council relating to the health pass, their reason could be considered unfounded.
“On the other hand, from a disciplinary point of view, the doctor could risk prosecution if patients lodge a complaint with the Order of Physicians. The way the word is worded is a bit brutal, the doctor could be sanctioned for non-compliance with ethics, for failure to fulfill his duties of humanity, ”indicates Matthieu Seingier. Contacted by 20 minutes, the Departmental Council of the Order of Physicians to which the professional concerned reports did not respond to our requests regarding a possible ongoing procedure.