National Preventive Mechanism
In a current fundamental decision in 2014, the Supreme Court emphasised
the “separation rule” for adolescents in psychiatric medical facilities. Thus
the Supreme Court put the protection of personality rights of minors in
psychiatric institutions and facilities into concrete terms for the first time; as
a result, spatial separation of adolescents and adult patients is mandatory.
Even though this decision concretely refers to a forensic ward in a psychiatric
medical facility, one can derive an interpretation from it that makes a
general separation of adolescents and adults in all psychiatric medical
facilities mandatory.
Amendment of the
education and training
regulations
A 2014 amendment to the Act on the Medical Profession provides the
statutory basis for moving further away than was previously possible from
earlier training requirements at the level of the Regulation on Education
and Training for Medical Practitioners (Ärzte-Ausbildungsverordnung) for
the inadequately filled child and adolescent psychiatry speciality field.
From the perspective of the NPM, it is absolutely essential that the training
requirements for the specialist field of child and adolescent psychiatry be
loosened, as otherwise there will probably not be enough specialists for
children and adolescents who urgently need treatment until decades into
the future. Assuming that the child and adolescent psychiatry is recognised
as an inadequately filled field, the existing required training ratio of “1:1”
should be increased as soon as possible. This, by the way, has occurred in
the entire German-speaking world. This would mean that – in the spirit of a
true regulation for an inadequately filled specialty field – a specialist could
be responsible for at least two resident doctors with regard to training in
the future. To illustrate the feasibility of this requirement, reference is made
to the newly built University Clinic for Child and Adolescent Psychiatry in
Innsbruck as an example. It can only fulfil its responsibilities (including
improvement of care in the Land Tyrol) if it has additional specialists. In
Vienna necessary additional improvements such as six permanent contracts
for external medical practices with the Public Regional Health Insurance
Office or an expected new specialist ward in the SMZ Nord Hospital must
occur.
Agreement on how to proceed was reached at a round table discussion
initiated by the NPM with representatives of the Austrian Medical Chamber,
the Federal Ministry of Health and the Austrian Society for Child and
Adolescent Psychiatry. The participants of the meeting agreed that it is no
longer in dispute that training positions must be created not only in the
inpatient sector but in the outpatient sector as a supporting measure as well.
However, further discussions will doubtlessly be necessary, particularly but
not solely with the Laender, which would largely have to bear the additional
costs for the increase in training positions. A real improvement in the care of
children and adolescents with mental disorders in Austria can otherwise not
be achieved in the foreseeable future.
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