National Preventive Mechanism
However, there are still long-term nursing facilities that - as a matter of
principle - do not notify the representatives of the residents of medication-based
measures that restrict freedom. Already during an initial discussion visiting
one retirement and nursing home in Vienna, the medical Head of the facility
explained to Commission 5 that every use of psychotropic medication was
medically recommended and did therefore not constitute a potential measure
that restrict freedom. The fact that even medical treatment that is carried out
according to proper professional standards may constitute a measure that
restricts freedom was completely disregarded, in spite of the requirements
laid down by the Nursing and Residential Homes Residence Act. A specific
objection in this facility was that medication was administered to residents in
“tense situations”; if consent was withheld they were flavoured and mixed in
with Nutella. Commissions 1 and 2 in Tyrol and Salzburg and Commission 3
in Carinthia also encountered facilities in which, despite the higher number
of persons needing nursing care with suspected psychiatric diagnoses, not one
single report on measures that restrict freedom had been made.
Medical treatment
according to proper
professional standards
does not exclude
measures that restrict
freedom
One retirement and nursing home in Tyrol presented the following picture: after
consulting all 74 medication sheets, it became apparent that benzodiazepines
had been prescribed in 34 cases, frequently along with anti-psychotic
medication. Regarding the suitability of these prescriptions, Commission 1 was
only able to consult the diagnosis sheets annexed to the lists of medication, as
there was no comprehensive psychiatric clinical description of the condition.
The diagnosis most frequently indicated for a medication containing the
active ingredient benzodiazepine was “dementia”. However, that is entirely
insufficient for the purpose of assessing any related measure that restricts
freedom and the then required notification duties.
When assessing the potential restrictions of freedom resulting from psychotropic
medication, the NPM stresses the importance that a doctor defines an explicit
symptom that is to be treated using sedatives. It is necessary to provide a clear
description of the concrete goals of therapy, to reach agreement on success
criteria and to carry out regular assessments of the effects of the substances
administered. Only if it is evident that the attenuation or restriction of
movement is an “unavoidable side effect” of treatment of an underlying
mental illness, such as depression, anxiety or productive psychosis, the
representatives of the residents do not have to be notified. However, after
the symptoms have abated, it must be considered whether it is necessary
to continue with the medication. Psychotropic medication should only be
administered for as long as it is absolutely necessary. In order to prevent the
administration of medication that is potentially unsuitable, regular attempts
should be made to reduce doses and wean patients off the medication. It is a
fact that frequently no attempts are made to reduce doses and wean patients
off medication. It often occurs in practice that once a psychotropic medication
has been prescribed, it is rarely removed again.
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