National Preventive Mechanism
representatives of residents. In some cases, however, there has been a lack
of structured approach and a more fundamental examination of potential
measures that restrict freedom. They were not even recognised as such
measures. These cases involved both electronic measures (body pressure alarm
systems or video monitoring) as well as mechanical measures, such as inclined
bed side guards, bed exit sensors, tightened wheelchair brakes and bed side
guards used in low-profile beds.
The NPM welcomes the fact that the facilities that have been subject to criticism
have subsequently introduced improvements to documentation, carried out
staff training and also liaised with the representatives of the residents. The
relevant suggestions made by NPM experts have as a rule been received as a
positive impulse and implemented constructively.
Restrictions of freedom through psychotropic medication are a particularly
sensitive issue. The problem that arises here is the need to distinguish carefully
between medication that is recommended as part of treatment (with side
effects) and aspects involving restrictions of freedom. Provided that clearly
defined indications are complied with and subject to continuous supervision,
psychotropic medication is at times indispensable in treating symptoms and
re-establishing quality of life. However, there is a high risk that inappropriate
medication which restricts freedom may be used in nursing homes.
Mediaction-based
measures that restrict
freedom
Nursing staff (and not only nursing staff) often perceive any questioning
of the administration of medication that may potentially have the effect
of restricting freedom as a personal affront and claim that it is a necessary
part of residents’ treatment. However, upon closer examination it becomes
apparent that it is more the structures in which nursing care is provided that
lead to problems within everyday nursing and make the usage of measures
that restrict freedom appear to be a reasonable solution. Although the
prescription of medication falls exclusively under the competence of doctors,
in practice the initiative is frequently taken by nursing care staff. As there is
not enough time for individual attention, nursing staff see medication as an
opportunity to eliminate troublesome “disturbances” in the operation of the
home and to ensure that homes are run in an orderly fashion. It is thus clear
that psychotropic medication may be recommended less following conscious
consideration of restrictions of freedom and more as a way of getting by
with limited resources. However, if the usage of a medication is instructed
primarily “in order to suppress movement” (where the symptoms of mental
illness include excessive movement), this will constitute a medication-based
restriction of freedom and must be reported to the representative(s) of the
residents. It is therefore necessary to assess whether a situation involves a
restriction of freedom or merely medical treatment with reference to the direct
reason for the administration of medication. If it is necessary to respond to
a specific hazard, any additional therapeutic considerations that are made
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