National Preventive Mechanism
In addition, there was no documentation of a debriefing session with the
patient.
The delegation then visited the isolation room with the restraint bed.
According to some commission members, this room had a “frightening
character” and triggered associations with photos of “death row cells” in
America.
Isolation room is
reminiscent of „death
row cells“
The commission proposed to the medical director of the facility and his
deputy that the walls of the room be painted in a calming colour. In addition,
it suggested placing a cover with a pleasing colour over the bed, which hides
the straps and can be easily removed, if necessary.
The proposal was accepted and the walls of the room were painted green –
to remind the patient of nature, have a calming effect and give a sense of
safety. The bedspread that covers the straps is also green.
The commission was promised that the check list for authorising restraints
and isolation will be revised in the near future and those points that the CPT
considered mandatory will be added. Under the CPT standards (Item 43 et
seq.), this includes the continuous presence of a trained employee during
the period of restraint to provide therapeutic assistance. The technical video
monitoring, which is provided, should also be mentioned on the check list.
This should contain standards on how to watch the video monitor. Rules
should be added with respect to the duration of the restraint and when the
restraint order must be renewed by the physician. The check list should be
supplemented to include provisions on employee training, the policy for
filing complaints and the debriefing session. Moreover, the patient should be
provided an opportunity to add his or her own comments. Finally, it should
be guaranteed that a copy of this form sheet is provided to the patient.
Process organisation
must be changed
The NPM points out that, under the case law of the European Court of
Human Rights, any strapping of an inmate to a hospital bed may only last
as long as absolutely necessary under the circumstances (ECHR 27 October
2003, Hénaf/France, Appl 65.436/01 No. 52).
Strict case law
The NPM recommended that a form be prepared with respect to “restrictions
on the freedom of movement”. The form should instruct the ordering
physician to describe the milder measures available in the individual case
in detail and to list which milder measures had been tried without success
in order to avoid this additional restriction of freedom. Here too, reference is
made to the CPT standards, under which patients may only be restrained as
a “last resort”.
Restraint as last resort
The form should also require documentation of any injuries to patients or
staff so that they will be verifiable.
Alternatives must be
documented
159
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