Medical Services Electronic Software (hereinafter, “the Software”). The prison doctor
must inform the prison director about the request in writing. The Medical Department
will examine the request within a reasonable time on the basis of the National Clinical Practice Recommendations (the Guidelines) and State Standard on Clinical Situation
Management (the Protocol) approved or recognized by the Ministry of Labor, Health and
Social Protection; where necessary, the request will also be examined against international guiding documents. If the request is granted, a patient who requires a scheduled
medical service will be assigned a list number in the Software and a recommendation
on his/her transfer to the Treatment Institution or the Centre will be sent to the prison
director and the prison doctor at least a day before the actual transfer.
Paragraph 5 of Article 1 of the Order N55 determines how the waiting list is made. In
particular, the Medical Department determines the list according to the location and
the type of services requested (inpatient or outpatient). It is unfortunate that the Public
Defender’s recommendation on improving the medical referral system for avoiding delayed provision of medical services as much as possible was rejected. In particular, we
offered to take into consideration when constructing a waiting list the different grounds
such as acute and chronic diseases, progress of the disease, aggravation of a patient’s
health and other factors. We believe the electronic database of medical referrals needs
to be improved because the current procedure of constructing the waiting list does not
take into account patients’ individual needs and the patient’s number in the list depends
not on clinical factors but on other criteria such as the number of waiting patients and
the capacity of the relevant medical institution.
One of the main deficiencies of the medical referral procedure for planned treatment
is that it does not take into consideration a situation where the health condition of a
patient on a waiting list is deteriorating but the condition has not achieved the intensity level warranting the provision of urgent medical services under Article 3(s1) of the
Law on Health Protection. It should be noted that some diseases develop very quickly
and it may be too late to provide the urgent healthcare service when a person’s life is
already in danger. The medical referral procedure does not envisage the possibility of
sorting patients with such diseases as a priority in determining their number on the list.
We welcome the fact that the delayed medical intervention was added to the classification of medical interventions (regular or emergency) in 2015, but it is not supported
by the normative act. It is important that the order N31 of the Minister of Corrections
of 22 April 2015 also introduces the delayed emergency medical intervention standard.
The change shall also be made to the Order N55 of the Minister of Corrections on “The
procedure of transfer of the accused/convicts to the general hospitals and Tuberculosis
Treatment and Rehabilitation Centre “ and the record on the delayed emergency medical intervention shall be added.
NATIONAL PREVENTIVE MECHANISM (NPM), 2015
103
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