National Preventive Mechanism
Healthcare and medical care in prison
Importance of quality
assurance
Inadequate healthcare can result in situations of inhuman and degrading
treatment. Therefore, in 2014 the NPM again addressed the question of how
to guarantee that medical care for inmates is at the same level as for persons
at liberty. There is a need for professional oversight of the physicians at penal
institutions and institutions for the detention of mentally ill offenders for
quality assurance purposes. The NPM has long requested the establishment
of an office of a medical superintendent, equipped with wide-reaching
authority.
Medical
superintendent
only provisional
arrangement
The Federal Ministry of Justice has only partially complied with this request.
The position of “medical superintendent in the prison administration”
was advertised in January 2014. However, the procedure had still not been
completed in early November 2014. For this reason, the office of a medical
superintendent has only been established on a provisional basis for the
present and its authority is governed by decree. A medical superintendent is
available to correctional institutions for 20 hours per week.
As an employee of the Care Department, the medical superintendent has
access to the Federal Electronic File Management Project. Work orders are
assigned by the department head.
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Centralised control
The medical superintendent primarily assumes the healthcare tasks to be
performed by the highest prison authority (Section 66 et seq. of the Penitentiary
System Act). This includes developing guidelines for the medical treatment of
inmates, standards for equipping practising rooms, for medication and for
the practice of prescribing medicines that require approval.
Advising
Another area of responsibility is providing (operational and strategic)
advice to the Federal Ministry of Justice and the prison administration on
medical care matters. The medical superintendent is the contact person for
the physicians working in correctional institutions and is responsible for
approving the prescription of specific medicines, rehabilitation measures and
prosthetics. To ensure efficient use, audits of the consumption of medicines
and the billing of medical services are conducted on an ongoing basis.
Management
Under a centralised country-wide hospital bed management system, the
medical superintendent makes authorisations and decides whether a
particular inmate should be placed into a public medical facility, into the
locked sections of the Krems or Vienna Barmherzige Brüder medical facilities
or into the special medical facilities at the Stein and Vienna-Josefstadt
correctional institutions. It also supervises and controls the recovery progress
of prisoners (duration of stay/external costs).
Technical opinions
The tasks to be performed by the medical superintendent also include drafting
and approving the statements regarding the medical care of inmates made
by correctional institution medical services to courts, authorities, the NPM
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