Correctional institutions
detention shall be provided with the same medical products as persons living
in freedom. In particular, detained persons should not be precluded from
receiving remedies that have less severe side effects. The NPM recommended
making different substitution compounds available in prisons (at a lower cost).
The Federal Ministry of Constitutional Affairs, Reforms, Deregulation and
Justice argued that the change to methadone has proved to be successful based
on the many decisions taken by medical specialists. The NPM cannot follow
this stance unconditionally; rather it demands carefully weighing up which
medication is best suited in the individual case prior to changing medication.
The fact that some of the persons to receive substitution therapy regrettably
(are likely to) abuse some medications shall not be used as an excuse not to
prescribe and administer the same.
Careful change of
medication
During the visits to St. Pölten correctional institution in November 2018 and
January 2019, prison guards claimed that only those detainees who had been
on a substitution programme before the detention had commenced receive an
opioid substitution therapy.
St. Pölten correctional
institution
The NPM already emphasised last year after a visit to Feldkirch correctional
institution that there is an indication for a substitution therapy not only
when the patient is already on non-hospitalised substitution upon arrival at
the correctional institution. In fact, opioid addiction alone suffices as a basis
to be indicated for substitution therapy (see NPM Report 2018, p. 108). It is
indisputable that patients who are addicted to opioids must have access to
adequate (substitution) therapy. Failure to do so constitutes a violation of
Article 3 of the European Convention on Human Rights (ECHR 1.9.2016, Bsw.
62303/13, Wolfgang Adam Wenner versus the Federal Republic of Germany).
On the positive side, since July 2018 inmates in Vienna-Josefstadt correctional
institution who are taking part in opioid substitution therapy and are due to
receive benefits from the Public Employment Service Austria after their release
are allowed to temporarily leave the prison two to three weeks before release to
register with the Public Employment Service Austria. Access to health insurance
benefits (incl. substitution therapy) is thus guaranteed from the day of release.
XX
Good transition
management
A comprehensive risk assessment as to which medication is the most suited in the
individual case should always be carried out before substitution medication is changed.
Addiction screening and multi-professional treatment team
In Klagenfurt correctional institution, the NPM encountered a detainee who
was suffering from severe withdrawal. A look at the documentation and
consultation with the officers revealed that the inmate had been admitted
to the institution four days previously but had not seen a doctor. To ease the
Klagenfurt correctional
institution
118
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