health care
iour, debriefing with the patient following seclusion or restraint, and the adoption of
the Safewards model. In addition, the hospital’s own guidelines on the application of
restrictive measures, Handbook on the options and coercive and restrictive measures
under the Mental Health Act were, in the hospital’s opinion, compliant with the CPT
recommendations.
Guidelines and agreement
on the use of restrictive measures
•
A hospital ward had adopted guidelines and practices that restricted the patients’
rights more than the law prescribes. As an example, the patients could be subjected
to bodily searches and required to give blood or urine samples.
The Ombudsman stressed that a patient’s rights cannot be restricted
by a ward’s individual instructions, as any restrictions must be based
on law, and they must be used on the basis of individual consideration.
•
The hospital aims to reach an agreement with the patient on their care, instead of
resorting to restrictions on self-determination.
The Ombudsman explained in his statement the general rules for consensual restriction of basic rights and what is required of the person
giving consent. The Ombudsman stressed that any intervention in the
physical integrity of a patient, or other care measures, must always be
subject to voluntary and informed consent given by the patient. The
patient must also have the right to withdraw his or her consent at any
time. The Ombudsman stated that, for example, metal detectors can
be used if the patient consents to the practice. Otherwise, the patient
can be subjected to a bodily search if the criteria provided in the
Mental Health Act are met.
•
A patient in involuntary treatment had given their consent on the care agreement
form used by the hospital district on the restriction of their basic rights on entering
a substance-free treatment period.
The Ombudsman recommended that on the care agreement form, a
section should be added in which the patient can cancel the agreement at their own discretion, including information on what the consequences of such cancellation may be.
•
A patient who was in involuntary care told the NPM that food that she had purchased was placed in a locked fridge in the ward and that she had access to it only
on request.
The Ombudsman stated that patients under involuntary treatment
can also agree on the safekeeping of their personal belongings during
treatment, in which case the safekeeping does not constitute the possession of personal property referred to in the Mental Health Act. The
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