Hospitals and psychiatric institutions
the commissions ascertained, doctors are seen by law enforcement officers as
valuable relief when they are available on site at short notice.
Having to make decisions alone in cases of imminent danger is extremely
stressful for police officers and can lead to misjudgement and the inadequate
description of situations where there is a mental state of emergency. As to the
question of what qualifies as mental illness pursuant to the Hospitalisation Act,
there is extensive and ambiguous judicature (see Halmich, “Rechtsfragen im
präklinischen Umgang mit Patienten”, RdM 2013, p. 138). Only professionals
with the appropriate expert skills can assess whether the person involved has
a psychiatric profile and is a threat to themselves or others. Medical specialists
in psychiatric departments sometimes do not agree that the criteria for
hospitalisation are given. Affected persons are then left on their own far away
from their place of residence after the admission examination.
In the course of an own motion investigation by the AOB, the Federal
Ministry of the Interior explained that the Police Departments in the Laender
Burgenland, Lower Austria and Vorarlberg have concluded agreements on
the on-call duty of doctors (public medical officers in the District Authorities,
office-based doctors). This should ensure improved medical care.
The situation in the other Laender is more problematic. Some Laender assume
that the Hospitalisation Act should be amended to increase the number of
authorised doctors pursuant to Section 8. The necessary resources for fulfilling
the provisions of the Hospitalisation Act would have to be provided by the
Federal Government.
The NPM also recommended amending Section 8 of the Hospitalisation Act
and increasing the number of authorised doctors permitted to arrange forced
hospitalisation. The financial means for hiring more public medical officers
would have to be provided.
Amendment of
Hospitalisation Act
necessary
This recommendation by the NPM is in line with the decision of a working
group with regard to the Hospitalisation Act that was established by the
health officers of the Laender. According to this, a pool of doctors should be
created that is authorised by the Land governors to perform examinations
pursuant to the Hospitalisation Act. According to a written statement to the
NPM, the Federal Ministry of Labour, Social Affairs, Health and Consumer
Protection is considering increasing the number of doctors authorised to
perform examinations pursuant to the Hospitalisation Act.
Commission 1 reported that body cameras are worn permanently by
employees of the security service in Innsbruck Regional Hospital and Hall
Regional Hospital. Videos are recorded and stored for 170 hours in the event
of an escalation. Persons displaying unruly behaviour are informed that the
cameras will be activated. If this does not de-escalate the situation, the security
service informs the persons a second time and activates the camera. Picture
Body cameras for
prevention and
preserving evidence
44
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