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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