history). In order to identify solutions for these cases, they called on the support of the NPM to
set up a working group;
• the Municipal Hospital “Anghel Saligni” Fetești (which is not a psychiatric hospital
and does not have a psychiatric ward) does not apply the measure of restraint, the hospital
representatives communicating that: such a measure would exceed the legal framework, as Law
no. 487/2002 on mental health and protection of persons with mental disorders, republished,
was adopted for the protection of persons with mental disorders and not for taking a restraint
measure under the provisions of a law; the measure of applying restraints is approached from
the perspective of the code of medical deontology and the rules of medical practice, noting that,
for non-compliance with medical laws and regulations, the doctor is liable to disciplinary
action, according to Art. 450 of Law no. 95/2006 on health care reform, republished;
consequently, there wasn’t established a procedure or register on patient restraint in the
hospital.
• in the Giurgiu County Emergency Hospital, a representative of the patients'
association was also part of the Ethics Council.
Examples of deficiencies found:
As in previous years, the main deficiency systematically encountered was the lack of
staff compared to the real needs of the respective units. For example, in the Mărgineni
Penitentiary there was a shortage of medical staff with a negative impact on the activity of the
medical department (out of the 7 positions provided for doctors, 4 positions were vacant,
respectively: 1 position of primary dentist, 2 positions of primary care family medicine, 1
position of primary psychiatrist), as well as a shortage of psychologists (out of the 5 positions
provided for psychologists, 3 positions were vacant, given that it is recommended to hire a
minimum of one psychologist for every 100 persons deprived of liberty). The same situation
was also found in other monitored penitentiaries (Bacău Penitentiary, Tg. Ocna PenitentiaryHospital). In this context, should be emphasized the prompt response of the ANP to the
recommendations of the NPM, in order to address these shortcomings, presented in the section
Successfully Implemented Recommendations.
In residential centers there was a shortage of physiotherapists, occupational therapists,
masseurs (important to improve the quality of life and maintain the degree of autonomy of
beneficiaries), these positions were not provided in the organization chart of the centers (Center
for the Elderly Răcari, Center for the Elderly „Sfântu Gheorghe” Oltenița) or were provided,
but were vacant at the time of monitoring (Home for the Elderly „Sf. Maria” Șișești, Sinersig
Neuropsychiatric Recovery and Rehabilitation Center). In these centers, it was also found the
lack of adequate space and of the necessary equipment in order to ensure the functional
recovery / rehabilitation therapies for the beneficiaries.
In private homes / centers for the elderly, a great difficulty was the provision of the
necessary personnel, because part of the staff worked as part-time collaborators, who,
according to Military Ordinance no. 8/2020 were isolated at the main workplace. The problem
was even more accentuated due to the division of the staff into 2 groups to ensure the cyclical
presence in the home / center for the period of 14 days, according to the same ordinance. Also,
isolation at work created a lot of stress for employees, especially due to the short time in which
Military Ordinance no. 8/2020 had to be implemented, namely 24 hours. In the same context,
the lack of clear procedures for the application of this ordinance, regarding the way of settling
the institutions’ expenses with food, accommodation and transport of isolated employees at
work has caused confusion and difficulties in this regard.
In Covid-19 hospitals there were requests to terminate the employment contract by
resignation, as well as dismissals of staff. For example, at the Câmpina Municipal Hospital: 6
staff members (3 ICU doctors, a nurse and 2 orderlies) resigned, motivating that they were not
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