By Jean Baptiste Guillot, Partner and Virginie molho, Counsel

The medical certificate of absence of contraindication to the practice of sport replaced by a health questionnaire for minors

The Government wished simplify children's access to a sports club or association by replacing the obligation to present a medical certificate of no contraindication to the sport of minors by a questionnaire equivalent to a parental certificate to obtain or renew a license.

We welcome this measure which will facilitate access to sports for minors et simplify the administrative management of sports federations and clubs.

The content of the questionnaire relating to the state of health of the minor athlete which replaces the medical certificate is referred to in the order of May 7, 2021.


Adopted within the framework of law n ° 2020-1525 of 7 December 2020 on the acceleration and simplification of public action (article 101 *), this provision is the subject of a decree published in Official Journal of the French Republic Saturday May 8, 2021.

Thus, decree n ° 2021-564 of May 7, 2021 relating to the procedures for obtaining and renewing a license from a sports federation as well as to the procedures for registration in a sports competition authorized by a delegated or organized federation. by an approved federation, for minors outside disciplines with particular constraints, amends the Sports Code in order to take into account the evolution of the control of the absence of contraindication to the practice of sport for minors outside disciplines with particular constraints. It is no longer necessary for minors to produce a medical certificate to obtain or renew a sports license or to register for a sports competition. However, the production of such a certificate remains necessary when the answers to the minor's health questionnaire lead to a medical examination, but also for disciplines with particular constraints. **

 

Article 101 of law n ° 2020-1525 of December 7, 2020:

The Sport Code is thus amended:

1 ° Article L. 231-2 is amended as follows: a) At the beginning of the first paragraph of I, the words are added: “For adults,”;

  • b) In the second paragraph of the same I, the word: "concerned" is replaced by the word: "concerned";
  • c) Are added III and IV thus worded:

“III. - For minors, and without prejudice to Article L. 231-2-3, obtaining or renewing a license, allowing or not to participate in competitions organized by a sports federation, is subject to the certification of the completion of a questionnaire relating to the state of health of the minor athlete, carried out jointly by the minor and by the persons exercising parental authority.

“When a response to the health questionnaire leads to a medical examination, obtaining or renewing a license requires the production of a medical certificate attesting to the absence of any contraindication to the practice of sport. "IV. - A decree specifies the methods of implementation of these provisions. "

2 ° Article L. 231-2-1 reads as follows:

“Art. L. 231-2-1. - I. - Registration for a sports competition authorized by a delegated federation or organized by an approved federation is, subject to II and III of this article, subject to the presentation of a license allowing participation in competitions organized by a sports federation mentioned in article L. 231-2 in the discipline concerned.

“II. - For unqualified adults, registration is subject to the presentation of a medical certificate dated less than one year establishing the absence of contraindication to the practice of sport or the discipline concerned in competition.

“III. - For non-licensed minors, and without prejudice to article L. 231-2-3, registration is subject to certification of the completion of a questionnaire relating to the state of health of the minor athlete, carried out jointly by the minor and by the persons exercising parental authority.

“When a response to the health questionnaire leads to a medical examination, registration for a sports competition requires the production of a medical certificate attesting to the absence of any contraindication to the practice of sports. "IV. - A decree specifies the methods of implementation of these provisions. "

3 ° The second paragraph of Article L. 231-2-3 is supplemented by a sentence worded as follows: "They take into account, where applicable, the specificities of minors »

** Mountaineering, scuba diving, caving, sports disciplines practiced in competition, for which the fight may end by knockout, sports disciplines involving the use of firearms or compressed air, sports disciplines practiced in competition, including the use of land motor vehicles, with the exception of radio-guided model cars, aeronautical sports disciplines practiced in competition, with the exception of model aircraft, parachuting, rugby union, rugby union and rugby sevens.

Jean Baptiste Guillot

Jean-Baptiste Guillot

Partner

Jean-Baptiste Guillot handles mergers and acquisitions, strategic partnerships, commercial law, company law and contract law matters, with a particular focus on international transactions for Canadian, British and French companies.

Portraits GINESTIÉ MAGELLAN PALEY-VINCENT 2021

Virginie molho

Counsel

Virginie has acquired a solid expertise in sports law allowing her to support players in the sports industry in all types of legal issues in commercial law, company law, association law and social law applied to sport.