1e. (7) In case of any threat to health or life of the immobilised person, the staff shall
immediately call the physician.
2. Immediately after cessation of direct coercion measures, a physician or a surgeon shall
examine the health status of the person subject to direct coercion.
3. Application of direct coercion measures shall be marked in the patient’s record where the
following shall be stated:
1) the reason for application;
2) the type of measure applied;
3) duration of the measure;
4) description of reaction of the person during application of the measure and after its
cessation.
§ 27 point 3 paragraph 5 letter b) The patient’s record referred to in paragraph 1, point 2,
shall contain information on the stay in the station or in the facility, including information
on applied coercion measures, together with the reason for their application, duration of
holding or immobilisation, as well as the name of person who decided about application of
such measure.
Representatives of the National Preventive Mechanism have postulated several
times that application of direct coercive measures should take place only in case of
individuals referred to in Art. 42, paragraph 1 of the Act (Legnica and Koszalin). It
was also recommended to check the physical status of the immobilised (according to
the Ordinance79) not later than every 15 minutes (Sosnowiec), and to fill-in the
relevant documentation more precisely (Inowrocław). The head of the station at
Koszalin, answering recommendations by the visitors, informed that a training for the
station’s staff had been delivered regarding direct coercive measures and a check-list
for the monitoring of patients had also been developed. It was decided together with
physicians who work in the centre that documents regarding the stay would be filled-in
much more in detail, including description of medical procedures and medication
applied.
Having analysed documentation at the sobering-up station at Chełm, the visitors
recommended to document cases of physical restraint in patients’ records. It was found
out that reports contained information about application of such measures, while there
was not such information in records of patients to whom such measures had been
applied. According to § 27 point 3 paragraph 5 letter b of the Ordinance80, the patient’s
records shall contain information on the stay in the station or in the centre, including
information on physical restraint, together with the reason for application of such
measures, duration of manual holding or immobilisation, as well as the name of person
who decided about application of the measure. Answering recommendations by the
visitors, the Mayor of Chełm informed that the entire staff of the sobering-up station,
and especially heads of shifts and the medical staff, were instructed by the Director of
the station about the strict obligation to fill-in relevant documents if direct coercion
measures were applied. The patient’s record was supplemented with an additional
form regarding such event.
79
80
Dz. U. of 2004, No. 20, item 192 as amended.
Idem.
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