National Preventive Mechanism
and diplomatic representatives. The development of a controlling system
and collaboration on refinements to the Electronic Patient Record Module
are additional areas of responsibility.
The medical superintendent also provides his/her opinion and an assessment
of the professional qualifications when the recruitment agency for justice
supporting staff hires physicians and contracts are signed with medical
consultants.
In addition to primary, incident-related professional supervision, the
medical superintendent audits and monitors the medical services in the
correctional institutions through the use of controlling measures. The medical
superintendent has begun to visit the correctional institutions once a year. At
the same time, random samples of the entries and medical histories in the
Electronic Patient Record Module are verified at regular intervals.
Controlling
The NPM has also addressed the problem of the handling of medicines. After
their visits, the commissions have repeatedly criticised the fact that medicines
kept in stock (which are generally not prescription medicines) are dispensed
by non-medical personnel in the correctional institutions.
Handling of medicines
In this regard, the Federal Ministry of Justice has stated that the handling
of medicines is the responsibility of the head of the medical service. Under
medical orders, dispensing and administering medicines to inmates can
only be delegated to senior medical and nursing care employees – including
in the absence of the head of the medical service. There are currently no
uniform standards in connection with the dispensing of PRN medications
by persons outside of the medical service in correctional institutions that
have no permanent medical service head on site. This is because still there is
no definitive (statutory) provision from the Federal Ministry of Health. The
prison administration is intensively collaborating on such a provision.
With regard to the language problems experienced by prisoners from nonGerman-speaking countries during medical consultations, the Federal
Ministry of Justice was confronted with the observation of Commission 2
(Wels correctional institution in December 2013) that the use of court-certified
interpreters could not be verified.
Medical consultations
only with court-certified
interpreter
According to a statement from the Federal Ministry of Justice, the staff of the
Wels correctional institution has again been verifiably informed that it must
deploy court-certified interpreters to clarify medical questions or findings, if
there are language barriers.
¾¾ Statutory implementation of the Office of the Medical Superintendent is
necessary to provide legal certainty.
¾¾ A provision on who can dispense and administer what medicines to
inmates and when must be quickly developed.
143
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