The Constitutional Council validated the extension of the health pass in health, social and medico-social establishments. From Monday, it will be mandatory for visitors or non-urgent patients. We answer your questions.
Do you also need a health pass to go to the emergency room? To go to the doctor? In an analysis laboratory? To go see my grandmother in nursing home? Many of you have asked us questions since the partial validation of the bill which involves the extension of the health pass by the Constituent Council. Here are some answers.
Compulsory pass in hospitals for non-emergency visitors and patients
Do I need the health pass to go to the emergency room?
Laurent, Normandy
The Constitutional Council validated Thursday August 5 the obligation of the health pass for visitors or non-urgent patients in health, social and medico-social establishments (hospital, clinic or even nursing home), except for emergency situations, as long as the latter does not “obstacle to access to care”. It will therefore be possible to go to the emergency room and seek treatment. “The law cannot prevent access to healthcare”, said a source close to the Constitutional Council. The decision will be left to “appreciation of caregivers”.
On the other hand, a patient suffering from a pathology which requires regular monitoring must present the health pass which constitutes proof of vaccination, valid 7 days after the second dose. The patient can also present a proof of result of a negative RT-PCR or antigenic test of less than 48 hours.
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I have an appointment with my oncologist on August 26th. I have my first vaccination on August 11 and the second injection on September 1. Should I postpone my appointments to September when the post-vaccination period will be in effect?
Marie, Normandy
Chemotherapy sessions for cancer are scheduled appointments. They are therefore not considered an emergency situation and require the obligation of the health pass. However, some establishments have already indicated that they refuse to monitor their patients. This is particularly the case at Rouen Center Henri-Becquerel, a cancer center. “Patients will not be checked, a simple presentation of the Center’s “identification card” to the security guard will suffice to enter. We don’t see ourselves turning away patients. We nevertheless encourage them to be vaccinated “, indicates the center. On the other hand, any patient entering hospitalization (excluding outpatient surgery) remains subject to a PCR test, whether or not he is vaccinated.
Pregnant, same obligations
Is the health pass compulsory for pregnant women to have an ultrasound?
Colyne, Normandy
yes, a health pass is required for all scheduled treatments. The decision to let the pregnant woman enter or not will be left to the discretion of the caregivers depending on the situation and as long as the latter does not obstruct access to care. “Pregnancy is not one of the cases of temporary medical contraindication preventing vaccination against Covid-19“, adds the ARS of Normandy.
No obligation to see your doctor or to take an X-ray
Hello, do you need a health pass to do an x-ray?
Guezou, Normandy
No, the health pass will not be compulsory to go to a radiology center. No obligation either to go to your doctor or to have a blood test in a medical laboratory.
Caregivers and non-nurses, in the hospital: same obligations
Are non-nursing staff in hospitals affected by compulsory vaccination?
Mickaël, Normandy
The vaccination obligation concerns both nursing staff and administrative and technical staff working in the health and medico-social establishments and services listed by law. For people falling under the vaccination obligation who do not have a complete vaccination schedule on August 9, transitional arrangements are planned:
- Until September 14, 2021 inclusive, people who do not meet this obligation will be able to continue to practice on presentation of a result of a valid virological examination of less than 72 hours that does not conclude to contamination by COVID-19,
- From September 15, 2021 and until October 15, 2021 inclusive, people who can justify the administration of at least one dose (as part of a multiple-dose vaccination schedule) may continue to exercise, on presentation of a result of a valid virological examination of less than 72 hours not concluding to contamination by COVID-19. From 10/15, a complete diagram will be required.
People with a medical contraindication certificate can permanently derogate from this obligation. The cases of medical contraindication preventing vaccination against covid-19 are:
- listed in the summary of product characteristics (SPC): “- documented history of allergy (allergist opinion) to one of the components of the vaccine, in particular polyethylene glycols and by risk of cross-allergy to polysorbates; “- at least grade 2 anaphylaxis reaction (damage to at least 2 organs) to a first injection of a vaccine against COVID given after allergological expertise; “- people who have already presented episodes of capillary leak syndrome (common contraindication to the Vaxzevria vaccine and the Janssen vaccine).
- A medical recommendation not to initiate a vaccination (first dose): “- Pediatric multisystem inflammatory syndrome (PIMS) post-covid-19.
- A recommendation established after multidisciplinary medical consultation not to perform the second dose of vaccine following the occurrence of an adverse reaction of severe or serious intensity attributed to the first dose of vaccine reported to the pharmacovigilance system (for example: the occurrence of myocarditis, Guillain – Barré syndrome, etc.).
The cases of temporary medical contraindication preventing vaccination against covid-19 are:
- Anti-SARS-CoV-2 monoclonal antibody treatment
- Myocarditis or pericarditis occurring prior to vaccination and still progressive.
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Home helpers should they be vaccinated?
Froger, Normandy
Home help “intervening with people touching the APA or the PCH, within the framework of home services or as employees of private employers” are also part of the nursing staff who must be vaccinated. They have until September 15 to do so.
No dismissal for fixed-term contracts
If the Constitutional Council validated the procedure for the suspension of the employment contract without remuneration in the absence of a pass, it censored the dismissal of employees on fixed-term or temporary contracts. “before the term” of their contract for lack of a valid health pass.
For the Wise, the failure to present a health pass institutes a “difference in treatment between employees depending on the nature of their employment contracts which is unrelated to the objective pursued” of the pandemic.
On this subject, the editorial staff recommends
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