We note with satisfaction that the Minister of Corrections cancelled its Order 38
with its newer Order no. 55 dated 10 April 2014 approving the “Rules of transferring
accused and convicted persons to general-profile hospitals, the Treatment Institution
for Accused and Convicted Persons and the Center for the Treatment of Tuberculosis
and Rehabilitation”. According to paragraphs 2 to 4 of Article 1 of the new Rules, a
prison doctor drafts a reasoned request for transferring a patient to the Treatment
Institution and Center and sends the request to the Medical Department of the
Penitentiary Department. The prison doctor’s reasoned request shall be registered
in the 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 Center
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 Rules determines how a 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.
A medical referral procedure for planned treatment is defective: 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 in danger already. 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.
The Public Defender’s 2013 Report to the Parliament also emphasized the circumstance
that it depended on the will of a prison director and the Chairman of the Penitentiary
Department – individuals who are not health professionals – whether a medical referral
100 NATIONAL PREVENTIVE MECHANISM OF GEORGIA
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