National Preventive Mechanism
was held by security staff during a transfer when he tried to free himself from
the restraint.
The reality experienced in medical facilities in Lower Austria and in Innsbruck
Regional Hospital inevitably leads to unqualified personnel being involved
in the care process. That they also help to restrain patients albeit only as
preparatory measures is de facto unavoidable. The NPM strongly recommends
that the activities of security companies in medical facilities are clearly defined
in guidelines taking the relevant legal situation into account. Impermissible
activities should be unambiguously explained.
The deployment of security companies in psychiatric wards should be critically
examined as a matter of principle. Some clinics such as Rankweil Regional
Hospital see neither the demand nor the necessity for a security company.
The deployment of security companies can also be reduced by installing
specially trained internal crisis teams.
XX
The deployment of a security company for the purposes of care must be avoided in general.
XX
The area of activity of the staff of security companies in medical facilities must be clearly
regulated in guidelines. Impermissible activities must be clearly defined.
XX
Alternatives to the deployment of a security company that enable dispensing with their
deployment should be sought.
5.2.4
Immediate reporting of measures that restrict freedom
and violation of personal rights
Measures that restrict freedom must be specially prescribed by the attending
physician, documented in the patient history including a specific reason
and reported immediately. The involuntary placing of patients must also be
reported immediately to the patient advocacy or competent court.
Notifications are also
required on public
holidays and weekends
The Supreme Court stipulated that these notifications must be submitted
immediately without exception regardless of whether possible delays in the
procedure can be expected due to public holidays for example.
It is thus of no significance whether the relevant recipient of the notification
(court or patient advocacy) becomes immediately aware of the report. Rather,
formal reasons dictate that the notifications must be submitted in a manner
that the timely submission of the notification is traceable. However, putting
the notification in a post-box does not suffice here. Confirmation of the
notification (e.g. fax confirmation) is always required.
128
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