Hospital of Vedea, Arges county. According to the procedure, a person could only be
admitted involuntarily if a certified physician of the hospital found: • the presence of
violent acute behaviour due to a psychological disorder; • the presence of an obvious
and imminent risk of self-injury or injuries to others due to psychological disorders; •
well-founded medical reasons to show that the failure to immediately establish
adequate treatment would increase the risk of behaviour injuring oneself or other
persons or serious damage to mental health (the cases stipulated in the Guideline on
the Enforcement of Law no. 487/2002 on mental health and the protection of persons
with psychological disorders, republished) and if the patient refused to sign the
informed consent (that was provided to him/her for signature purposes as s/he was
admitted) within 24-72 hours from the admission. This latter provision goes against
art. 58 of Law no. 487/2002, republished, based on which, after assessing the mental
health of the referred individual and after appreciating the opportunity of involuntary
admission, the psychiatrist must immediately inform the concerned person and
his/her legal representative on the decision to subject him/her to psychiatric
treatment, as well as the proposal to subject him/her to involuntary admission.
Furthermore, both the procedure and the protocol fully reproduce the text of
the law regarding involuntary admission, but this is not operational, i.e. they do not
detail the activities required in case of involuntary admission; no harmonization was
provided with Order of the Minister of Health no. 488/2016 on the approval of the
Guideline for the Enforcement of Law no. 487/2002, republished.
In the hospital, the Commission for involuntary admission included two
psychiatrists and a social worker, which goes against art. 61 par. (2) of Law no.
487/2002, republished, stipulating the following structure of this commission: 2
psychiatrists and a physician with a different specialization or a representative of
civil society, chosen by the hospital manager. The appointment, selection procedure
and the conditions to be met by the representatives of the civil society are stipulated
under art. 19 of the Guideline on the enforcement of Law no. 487/2002, republished,
i.e. the person proposed as a representative of the civil society (by non-governmental
organizations working in the field of mental health or human rights protection)
should meet the following conditions: perform activities in the field of mental health
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