3 MEASURES IN C ASE OF A SUSPEC TED OR CONFIRMED INFEC TION Remand Prisons Act’s provisions on coercive measures apply. A patient may be segregated if it is deemed necessary for security reasons.20 The legislative history of the act shows that, for example, it may be necessary to segregate a patient if there is a risk of flight or escape, or if the patient is violent or under the influence of drugs.21 A patient cared for under the Forensic Psychiatric Care Act may be kept in segregation only if it is necessary because the patient, through aggressive or disruptive behaviour, seriously impedes the care of other patients.22 Chief Parliamentary Ombudsman Elisabeth Rynning stated that the Remand Prisons Act’s provisions on segregation are applicable in more situations than the corresponding provisions in the Forensic Psychiatric Care Act. The Chief Parliamentary Ombudsman found that it cannot be excluded that a patient with a suspected or confirmed Covid-19 infection acts in such a way that it is necessary, for security reasons, to separate them from other patients in accordance with the Remand Prisons Act. Situations may also arise where a patient with suspected or confirmed infection, through aggressive or disruptive behaviour, seriously impedes the care of other patients, and that there may therefore be the necessary preconditions for a decision on segregation with support of the Forensic Psychiatric Care Act. The Chief Parliamentary Ombudsman then stated the following:23 situation and segregation cannot, for example, replace the measures that may need to be taken in accordance with the Communicable Diseases Act.” Thereafter, Chief Parliamentary Ombudsman Elisabeth Rynning stated that a decision on segregation according to the Communicable Diseases Act has a wider purpose than just protecting others from infection, as the intention is that it should also provide an opportunity to provide the person separated, inter alia, the care they need. Furthermore, courts decide on segregation and such decisions must be made on a more comprehensive basis than what usually forms the basis for a decision on segregation. She stated that these circumstances further clarify that a possible decision to segregate a patient temporarily does not mean that the examination that must occur in accordance with the Communicable Diseases Act can be omitted. Due to this, the Chief Parliamentary Ombudsman stated the following:24 “Until the end of my investigation in July 2020, the National Board of Forensic Medicine had not taken a decision to segregate an inmate or patient due to Covid-19. At the final dialogue meeting, the management stated that if this occurs, an infectious diseases doctor will be contacted, so that they can decide on temporary isolation or apply for isolation in accordance with the Communicable Diseases Act. I would like to emphasise the importance of such contact taking place urgently.” “I would like to emphasise that, regardless of the regulations that the National Board of Forensic Medicine applies, this concerns dealing with a dangerous 20 Chapter 5, Section 2 of the Remand Prisons Act. 21 See Government Bill. 2009/10: 135 pp. 186. 22 Section 8, first paragraph of the Forensic Psychiatric Care Act (1991:1128), with reference to Section 20, first and second paragraphs of the Compulsory Psychiatric Care Act (1991:1128). 23 See the Parliamentary Ombudsman’s decision of 15 October 2020, ref. no. O 21-2020. 24 See the Parliamentary Ombudsman’s decision of 15 October 2020, ref. no. O 21-2020. – 24 –