3. U
se, in psychiatric care facilities,
of direct coercion at patient’s request,
in the form of restraining the patient
The Act of 19 August 1994 on Mental Health Protection 290 (hereinafter: AMHP) provides for the possibility of using direct coercion with regard
to patients of psychiatric wards. The forms of direct coercion may include:
holding the patient down (to prevent him/her from moving, by applying
physical force), compulsory administration of a medicinal product (as rescue therapy, or as pre-planned therapy, applied without the patient’s consent), restraining a patient (with the use of safety straps, handles, sheets,
straitjacket or other technical equipment), insolation (placement of a person
in a closed and properly adjusted room). The implementing regulation i.e.
the Regulation of the Minister of Health of 29 June 2012 on the use and
documentation of direct coercion and the assessment of the necessity of
its use 291 (hereinafter: the Act) sets out specific methods of applying direct
coercion and assessment of reasons for its use.
The use of direct coercion with regard to psychiatric patients violates
their personal and bodily integrity and therefore should be subject to strict
supervision. It may not be used in situations other than those provided for
by the law.
Article 1 of the AMHP permits the use of direct coercion in a patient
who:
1. takes action targeted against life or health, and thereby:
a) poses a risk to his/her own live or health, or to the lives or health of
other persons,
b) poses a threat to public safety and security,
2. violently destroys or damages objects in his/her vicinity, or
3. severely disturbs or disables the operation of the healthcare institution
providing psychiatric health care (…).
Dz. U. of 2016, item 546.
Dz. U. of 2012, item 740.
290
291
102
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