Executive order on the expanded right to treatment for mentally ill adults, including whether the referral procedure and documentation requirements for the agreement hospitals etc.
Pursuant to §§ 87 h and 90 in health law, see. lovbekendtgørelse nr. 95. by 7. February 2008, as last amended by Act No. 1521 by 27. December 2009, fixed:
§ 1. This Ordinance includes persons by reference to psychiatric treatment is filled 19 years.
The patient's right to treatment
§ 2. A person who is referred for psychiatric treatment, can choose to be treated in a hospital or a clinic, etc., as the Regional Council has signed an agreement with (agreement hospital), see. health law section 87, paragraph 6, if the Regional Council of the region of residence is not within 2 months after the referral has been received, can offer treatment by own hospitals or a hospital, see. Health Law § 79, which the Regional Council is collaborating with or usually use (hospitals cooperative), see. section 6 (1).
(2). By reference for the purposes of this Ordinance, a written request from a doctor to the psychiatric department or other relevant Department to receive a patient for treatment.
(3). Therapy after this Ordinance includes the study, diagnosis, medical care, rehabilitation, health care, prevention and health promotion in relation to the individual patient.
(4). The detailed content of the treatment, the framework for reading and the number of consultations, etc. shall be determined on the basis of a medical assessment.
§ 3. The right under section 2 to choose to be treated in a hospital appointment lapses if the waiting time for treatment at hospital exceeds the wait time for this agreement in the place of residence of the region's hospitals and cooperative hospitals.
(2). For a person who is recorded in the prison institutions, or who reside in an institution pursuant to the code of civil procedure, or criminal law, the right to choose in accordance with § 2 restricted for security purposes or in the interest of law enforcement. The authority issuing the authorisation for output etc., so decides.
Referral procedure, etc. in the context of the patient's right to examination and treatment
§ 4. The relevant regional hospital or hospital shall upon receipt of the reference of cooperation immediately cause that initiated a study of the question of whether the residence region can offer treatment within 2 months after the referral has been received.
(2). 2-month period referred to in article 6. section 2, paragraph 1, shall be counted from the day on which the reference is received at regional hospital or hospital of cooperation.
(3). The patient should be within 8 working days after that reference a is received, have to ascertain whether the treatment can be initiated within 2 months after that the reference is received, see. Health Law § 90 (1), nr. 2.
(4). The patient's right to choose an agreement hospital acquired at the time the patient receives the information referred to in article 6. Health Law § 90 (1), nr. 2.
§ 5. The regional hospital or the hospital that received the reference of cooperation, have a duty to ensure that persons who by virtue of section 2 of the treatment must be performed on a chooses to contract hospital, will be referred to the hospital concerned.
Documentation requirements for appointment sygehusene, etc.
§ 6. Regional councils in association signs agreement with the private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad (agreement hospitals), desiring to conclude an agreement on the treatment of persons under section 2.
(2). Agreement hospitals, which has concluded an agreement with the regions of the Association in accordance with paragraph 1, can cooperate with each other.
(3). The parties can not reach agreement on the terms of an agreement, hospitals, clinics, etc. each or collectively bring the dispute to an arbitration tribunal, see. health law § 87 in.
§ 7. The private hospitals, clinics, etc. in Denmark and hospitals, etc. abroad who wish to conclude an agreement with the regions under section 6, shall for this purpose at the request of the regional councils or the Minister for health and prevention provide evidence relating to:
1) treatment services, including processing experience, professional skills, Guard preparedness, appliance standards, treatment principles and similar,
2) waiting time for treatment and
3) observation of patients ' rights.
§ 8. The agreement, hospitals that have been referred to a person for treatment, for the purposes of a possible continued treatment in hospitals and for settling for performed treatment give all relevant information about the treatment to the hospital, which has referred the person.
§ 9. The agreement hospitals in this country, who have been referred for treatment, a person for therapeutic purposes as well as statistical purposes relating to activity in the hospital system, the population's consumption of hospital services and hospital patients ' illnesses report information relating to treatments for Health's national patient register and to the nationwide clinical database.
(2). Regional councils of the Association shall at the conclusion of agreements with hospitals, clinics, etc., abroad to make sure that these hospitals, clinics, etc., are required to report the information provided for in paragraph 1, to the hospital, which has referred the person thereof.
§ 10. The regional councils shall publish a list of hospitals and of cooperation agreement, see sygehusene. sections 2 and 6.
The use of coercion in Psychiatry
§ 11. The use of coercion in Psychiatry in accordance to the law on the use of coercion in Psychiatry can only take place in the context of hospitalization at a public hospital.
Entry into force of the
§ 12. The notice shall enter into force on the 1. January 2010.
The Ministry of health and prevention, 27. December 2009 Jakob Axel Nielsen/Kanakaraj