medication in order to ensure that treatment is
provided safely. Needs-based medication should
also be reviewed on a regular basis.
In such cases, the capacity of the person
concerned to provide consent should be
documented in a clear and comprehensible
manner.
Legality
Administration of medicine
In cases where the person concerned was
unable to provide consent, almost all of the
facilities only retrospectively involved the
guardians responsible for health care in changes
of treatment and medication or did not involve
them at all. In only a few cases did this comply
with the guardian’s wishes. Some facilities only
informed the guardian in the event that an order
was given by a psychiatric or neurological
specialist. In one facility, the delegation was told
that the facility did not cooperate with guardians
on the subject of health care. As a result, it was
unclear whether valid consent had been provided
for changes in treatment and medication. In
cases where the affected person had provided
consent personally, this was not documented.
Likewise, there was no documentation stating
that affected persons were demonstrably able to
provide consent in the decision-making
situation.
As regards the administration of medicine, the
National Agency observed mix-ups, omissions,
and a lack of compliance with the appropriate
regulations. On multiple occasions, tablets for
specific residents were ground together before
being administered so that the resulting powder
could be given to the person concerned either
with their food or via a feeding tube. This
occurred even when the information provided by
the drug manufacturer stated that the
medication in question should not be crushed.
Omissions and mix-ups in the distribution of
medication can endanger the health of residents
or cause life-threatening situations. This also
applies to cases where improper administration
alters or negates the effect of the medication.
Certain foods, such as milk or fruit juices, can
also alter the effects of a drug. Thus, as a general
rule, facilities should refrain from mixing
medication into residents’ food.
The practices encountered in these facilities
illustrate that, in the majority of cases, there is
no guarantee of the protection that guardianship
aims to provide against treatment or medication
being given without legally valid consent. In the
view of the National Agency, this constitutes a
risk to residents’ right of personality.
In order to prevent damage to health, it must
be ensured that residents receive only the
medication that has been prescribed to them,
and that it is administered as prescribed by the
doctor. Regulations on the administration of
medication must be adhered to.
A guardian is appointed to actively represent
the interests of the person concerned towards
third parties in accordance with their assigned
area of responsibility. This also applies to
appropriately authorised representatives. In the
event that the affected person is unable to give
consent, legal representatives must be informed
of any changes in treatment or medication ahead
of time by the attending physician; a decision
should then be taken on this basis. In addition to
communicating the purpose of any changes in
treatment or medication, a comprehensive
explanation should include reasoning, potential
effects and alternatives. Facilities should make
this possible by establishing appropriate
workflows and documenting consent.
2.2.14 – Residents' participation
Several facilities did not have any kind of
residents’ committee at the time of the visit. In
several cases, a residents’ advocate acted on
behalf of the residents without the facility
having encouraged the formation of a residents’
committee. In addition, it was repeatedly stated
in the facilities that the residents’ committee did
not have its own separate meeting. In two cases,
the residents’ committee complained that
management was not sufficiently approachable.
The participation of residents in matters
related to the facility's operation can help to
safeguard their rights and ensure that dignified
care and support is provided. The participation
of residents should therefore be encouraged in
order to prevent such issues from arising.
Where the person concerned is capable of
giving consent in a specific decision-making
situation, they can take the decision themselves.
44
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