5.3.2.
5.3.3.
5.3.4.
5.3.5.
5.3.6.
5.3.7.
The practice of obtaining informed consent to the
hospitalization and treatment of persons with mental
health issues shall be secured.
Consent to hospitalization and consent to treatment are
separate questions, and the patient shall be provided
with an opportunity to express a position on each of
these questions separately.
When in a psychiatric organization, a person with mental
health issues or his lawful representative may refuse or
discontinue the proposed medical care.
In case of refusing or discontinuing treatment in a
psychiatric organization (even when the person earlier
gave consent to hospitalization and/or treatment), the
person shall be immediately discharged from the
psychiatric organization, unless an appropriate
procedure is initiated when grounds for involuntary
treatment are present.
For involuntary treatment, the following shall be
confirmed:
a) That the person poses a threat to himself or other
persons or failure to provide treatment or
discontinuing treatment may deteriorate the patient’s
health condition;
b) That the circumstances specified in sub-paragraph “a”
above have been confirmed by a conclusion of a
psychiatric commission;
c) That after a psychiatric commission has confirmed that
hospitalization is justified from a professional point of
view, the director of the psychiatric organization has
applied to court for involuntary treatment of the
person in a psychiatric hospital; and
d) That the court has granted the director’s application.
In light of the logic of the aforementioned procedure
defined by the lawmaker for involuntary treatment, it is
unacceptable to perform medication interventions upon
the person unless the court has issued an appropriate
57
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