Annual Report 2016 - Spain’s National Preventive Mechanism against Torture
a “waiver of doctor’s recommendations” was signed and saved in each
individual medical records. The DUE duly informed the psychiatrist and
doctor, and did not know whether the family was also informed. At this facility,
the healthcare age limit of 16 years did not apply to psychiatric treatment; a
waiver of treatment was “signed by everybody, irrespective of age”. We were
told that waivers were commonplace and that action was taken depending on
the illness and type of medication: “if the inmate does not want to take a
tranquiliser, that’s fine; but if he/she refuses to take something that is
important, like an antipsychotic, the Judge and family are informed”.
In Monteledo (Ourense), if the minor refused to take the medication
prescribed, he/she had to sign a “waiver of medical recommendations”,
irrespective of age, and, otherwise two educators had to sign as witnesses.
Clinical records of 137. All facilities hold clinical records for each minor; of interest is Montefiz
minors
(Ourense), where each minor is subject to a “clinical evolution sheet”,
§266 AR 2014
gathering healthcare details, and is filled in by three professionals: a DUE,
doctor and psychiatrist, dated and signed by each one for identification
purposes. Each morning, the DUE goes over any entries made by his/her
peers and notes down his/her own records.
138. Medical and psychological assistance is guaranteed at all facilities. In
order
to request medical assistance, all minors fill in a specific form, which is
Medical,
psychological and kept in the file or on the medical facilities; no copy of this medical assistance
psychiatric
application is provided, except for El Madroño (Madrid), where all minors
assistance §268
keep a receipt of their request. It is standard practice, when requesting
AR 2014
healthcare, for minors to ask their educators for the application form to be
completed. Consequently, suggestions have been made to endow these
facilities with a computerised and detailed record of any requests, including
applications for medical assistance, that all minors be provided with a copy of
the application form without depending on an educator, and that they keep a
copy of the dated and sealed request.
Psychiatric assistance is provided at all facilities, with the difference that at
institutions with therapeutic commitment facilities there are doctors
specialising in psychiatry amongst the staff; other institutions offer psychiatric
assistance by using the resources of the public mental health network.
Injury reports
§271 AR 2014
92
139. Facilities in Montefiz (Ourense), San Francisco-La Biznaga (Málaga),
Vicente Marcelo Nessi (Badajoz), Maliaño (Cantabria) and El Limonar
(Seville) lacked injury reports with the minimum information required to be
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