Selected topics from 2015
Health personnel’s relationship to inmates
Health personnel in the prison health service are
generally aware of the risk of dual loyalty, and are aware
of the need to put the patients’ needs and interests first.
Nonetheless, the health personnel – whether they are organised as municipal health services or specialist health
services – have to act efficiently within the prison walls.
They must cooperate with the correctional services with
respect to making appointments, arranging admission
interviews, patient transport, the health department’s
physical location, HSE measures, suicide prevention and
health-promotion work, among other things.
One particularly challenging aspect of the work of health
personnel is the medical supervision of inmates who
have been placed in security cells or restraint beds by
the correctional services. These inmates are entitled,
by law, to be seen by health personnel at least once
a day. On the one hand, this supervision is important
because the inmates are in a vulnerable situation in
which they have very limited opportunity to control
their own access to health services. On the other hand,
inmates in a security cell or restraint bed can perceive
regular visits from health personnel as implicit approval
of the use of coercive measures, which can harm
the doctor-patient relationship. Health personnel are
therefore urged in such circumstances to state their
role and specify their duty.
Health personnel’s relationship to detainees at
the police immigration detention centre
The Parliamentary Ombudsman has also expressed
concern relating to dual loyalty issues at the police
immigration detention centre at Trandum. The doctors
and nurses at Trandum work for the National Police
Immigration Service (NPIS), which means that they are
not employed by the health authorities as is the case in
other places of detention in Norway. Since the health
service at Trandum is not independent of the detaining
authority, prioritising the detainees’ medical needs and
interests can be challenging. The doctors at Trandum
provide medical help to the detainees, but they also
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prepare fit-to-fly declarations for enforced deportation
of detainees out of Norway. The nurses at Trandum are
the same nurses that accompany the detainees when
they are deported from Norway by plane. The health
service at Trandum’s lack of independence creates a
grave risk of harming the doctor-patient relationship
and compromising patient care. The NPM therefore
recommends that the NPIS organises independent
health services for the detainees.
Health personnel’s relationship to patients
in mental health care
In contrast to other places of detention the NPM has
visited, where there is – or should be – a clear distinction
between the detaining authority and the health authorities, the health authorities are the detaining authority for
patients in mental health care. The doctor has the power
and authority to admit patients to involuntary mental
health care institutions, shield them from other patients
and practitioners, use means of restraint and other
coercive measures and administer medication without
the patient’s consent. The NPM is closely following
national and international developments with respect
to health care for people with psychosocial disabilities.
Crucial to focus on the role of health personnel
In its endeavours to fulfil its mandate, the NPM continues
to focus on health during deprivation of liberty. On each
visit to a place of detention, the health care services
provided are thoroughly assessed, including a review
of the role of health personnel. Health services for
people who have been deprived of their liberty are an
important part of any society’s overall public health
services, as most of them will eventually return to their
local community, bringing with them their health issues
and their experience of the health service from their
period of detention. It is therefore crucial that everyone
involved recognises and addresses the challenges
health personnel can experience while fulfilling their
different roles at places of detention. This will have a
health-promoting effect, not only for the people deprived
of their liberty, but also for society as a whole.
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