Hospitals and psychiatric institutions reaction to an interim report written by this expert commission in December 2018, the Styrian Hospital Cooperation and the regional government of Styria promised extensive improvements. The NPM was promised that an additional building would, amongst others, improve the space situation from summer 2020 onward, thus eliminating the need for six-bed rooms. The final report was presented in November 2019; an evaluation of the efficacy of the recommended measures is planned for autumn 2020. In November 2019, the NPM received information about potential new violations in this department. A patient had to spend three nights in the ward bathroom, some of the time restrained, during her in-patient stay in the Department of Geriatric Psychiatry and Geriatric Psychotherapy at Graz II Standort Süd Regional Hospital. Restraint in ward bathroom The patient was pushed out of the room in her bed, moved to the ward bathroom and positioned there between the bathtub and the wall in such a way that it was impossible for her free herself from the situation. She was not given a call bell. She was terrified because the door was closed and she was left there alone until the following morning. The daughter of the patient first contacted the Styrian Patients and Nursing Care Ombudsman. In a meeting with representatives of Graz II Standort Süd Regional Hospital, it was argued that not enough rooms are available to prevent the patients from becoming overexcited and for placing a restraint under observation of their personal rights. Both the Patients and Nursing Care Ombudsman and the NPM are of the view that placing patients in a ward bathroom to sleep or restraining them there constitutes inhumane treatment and shall be considered an additional restriction pursuant to the Hospitalisation Act. Furthermore, the fact that the patient was not given a call bell to draw attention to herself if required should be vehemently criticised. Inhumane treatment Measures for the prevention of such incidents were presented at a meeting with the Management Board of the Styrian Hospital Cooperation at the beginning of December 2019. The placement of patients in rooms that are not dedicated patient rooms was prohibited. Patients are now cared for in patient rooms only. If intensive monitoring is necessary, the patient shall be monitored in the hallway next to the care station. An interdisciplinary medical history will be set up from 2020. Additional measures announced Commission 2 noted insufficient awareness on the part of the (medical) staff with regard to measures that restrict freedom during a visit to Kepler University Clinic Linz. Lack of awareness for measures that restrict freedom The NPM repeatedly pointed out that the potential applicability of the Nursing and Residential Homes Residence Act (Heimaufenthaltsgesetz) must be carefully examined in every individual case (see NPM Report 201, p. 52 et seq.). In addition to a continuous need for care that exists at the time of 52

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