fundamental and human rights
�.� national preventive mechanism against torture
of the patient or others. In his decision dated 15
March 2018, (1496/2017) the Ombudsman commented on the medication of a patient against
their will.
Restraint bed in an isolation room at the central hospital in Kajaani.
records inspected gave the impression of a low
threshold for the use of restraints in certain cases.
As an example, one patient had been permitted to
go for a cigarette and go to the sauna in the middle of restraint and seclusion. The Ombudsman
stressed that, according to the Mental Health
Act, seclusion without mechanical restraints is
the primary alternative and restraints can only be
employed when other measures are insufficient
(727/2018).
During the visit, the NPM noted that patients
were transported outside the seclusion rooms
with the restraints still attached to their limbs.
This could be the case when taking the patient
to the toilet or for a cigarette, for example. In the
Ombudsman’s opinion, moving a patient with
the restraints still attached can be considered humiliating for the patient. It can also cause anxiety
in other patients. In the Ombudsman’s opinion,
this practice should be avoided, particularly in
the ward’s common areas (727/2018).
Involuntary medication
The Ombudsman recommended that, from now
on, decisions on involuntary medication should
be justified with regard to the requirements of
the Mental Health Act. He stressed that psychosis cannot be considered to constitute sufficient
grounds for involuntary medication, because all
patients under observation and ordered to treatment suffer from psychosis. The patient records
should also indicate how the patient was consulted on the medication or why consultation was
not possible (5338/2017).
The authority reported that the physician in
charge of the psychiatric hospital had started clarifying the guidelines with the objective of assessing
the use of restrictive measures in more detail and recording the reasons for employing restrictive measures more systematically. Particular attention will
be paid to the use of involuntary medication and
recording seclusion situations.
The patient records indicated that involuntary
medication was administered in the psychiatric
ward. The medication had been justified as ”necessary”, but the entry in the patient records lacked
a detailed assessment of whether the requirements for involuntary medication specified in the
Mental Health Act were met (failure to medicate
would seriously endanger the safety or health of
the patient or others). The Ombudsman recommended that, in the future, involuntary medication should be assessed in the manner required
by the Mental Health Act, and that the fulfilment
of the conditions be recorded in the patient records (727/2018).
The authority reported that the staff was instructed to accurately document everything related
to the administration of involuntary medication.
If a patient in involuntary care or under observation refuses to take the medication prescribed for
them, the medication may be administered against
their will only if the failure to provide medication
would seriously endanger the health and safety
121
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