The NPM recommended that Kranj Retirement Home act according to Article 29 of the ZDZdr
when restricting a resident’s limb due to the risk of removing a cannula.
In their reply to the preliminary report, the management of the home expressed gratitude for fair
treatment and for the NPM’s findings and proposals, which they stated would be fully observed.
The NPM recommended that Ribnica Retirement Home observe the conditions and limitations
as determined in the ZDZdr and keep necessary records on the measure and inform those
persons who must be informed on the use of measures as per the Act any time physical
restriction is applied with the use of special protection measures.
In their reply to the preliminary report, the management of the home explained that there had been no
physical restriction with straps in the secure ward in the last eight years. Some residents were unaware
that they must not or cannot get up from the wheelchair (because they could fall immediately or are being
rehabilitated after a broken hip, for example, and must not put weight on their leg). For this purpose, the
home had bought three special loungers equipped with small tables that can be installed or removed
according to needs. The management also stated that all necessary records and instructions had been
in force since the adoption of the ZDZdr about the actions taken if special protection measures are used.
Alternative measures were used in the home, i.e. they temporarily employ more staff or transfer a resident
to a psychiatric hospital.
In Polde Eberl Jamski Retirement Home, the NPM recommended that the resident psychiatrist assesses
whether residents in need of protection when sitting in loungers are able to release straps on their own
or communicate clearly if they no longer wish to sit in the lounger. If they are incapable, we recommend
that the retirement home observe the provisions for the use of special protection measures as stipulated
by the ZDZdr.
In their reply to the preliminary report, the management of the home explained that they would assess
with the help of the resident psychiatrist which residents sitting in loungers were unable to release the
straps or could communicate clearly that they wished to leave the lounger. For such residents, the home
would observe the provisions for the use of special protection measures as stipulated by the ZDZdr.
Regarding the implementation of special protection measures, the NPM recommended that Franc
Salamon Retirement Home strictly observe the ZDZdr.
In their reply to the preliminary report, the management of the home explained that the aforementioned
legislation would be observed consistently also in the future.
The NPM asked Črnuče Retirement Home to consider whether locking wheelchair wheels during meals
was not an example of a protection measure, since this practice restricts mobile residents and could be
considered a special protection measure.
In their reply to the preliminary report, the management of the home emphasised that wheelchair
wheels were locked during meals solely to enable residents to sit still and independently at a table so
that their wheelchairs would not move away from the table. This issue was presented to the resident
psychiatrist in order to enter in the rules of applying special protection measures the possibility of
locking wheelchair wheels and to obtain consent from the residents and their relatives.
Distribution of medication or therapy
Regarding medication therapy, the NPM recommended that such therapy which is received by residents
of Danica Vogrinec Retirement Home should not be labelled “as needed”, as this makes it impossible
to determine how many times a day a person receives the therapy. We therefore propose entering how
many times a day the person may receive a medication and how many times a day the person has
actually received the prescribed therapy in the treatment record.
50
IMPLEMENTATION OF THE DUTIES AND POWERS OF THE NPM IN 2016
NATIONAL PREVENTIVE MECHANISM UNDER THE OPTIONAL PROTOCOL TO THE UN CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
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