Advanced Search

Act Amending The Act On The Use Of Coercion In Psychiatry And The Law On The Court's Care (Mandatory Follow-Up After Printing)

Original Language Title: Lov om ændring af lov om anvendelse af tvang i psykiatrien og lov om rettens pleje(Tvungen opfølgning efter udskrivning)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Law on the use of force law in psychiatry and law on the care of the court

(Forced follow up after printing)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the case of the use of coercion in psychiatry, cf. Law Order no. 1111 of 1. In November 2006, the following changes are made :

1. After § 13 c is inserted in Chapter 4 (a) :

" § 13 d. The medical examiner may decide before the patient's discharge decision on compulsory follow-up after printing, if, on the basis of the current admission, there is a reasoned request for and immediate risk of the patient after printing, stop following the treatment necessary for the patient ' s health ; and

1) the patient in the preceding three years prior to the current submission has been committed at least three times ;

2) the patient in the preceding three years prior to the current submission, in at least one case, has failed to comply with the treatment indicated in a discharge agreement or coordination plan ;

3) the patient in the case of the current admission, forced to be committed or forced to be forciers; and

4) the patient during the last six months prior to the current submission has been prescriptive treatment for an outbound psychiatric team, but has failed to comply with the prescribed medical treatment.

Paragraph 2. The doctor's decision on mandatory follow-up after printing can only contain an enlist for the patient to attend the medications in the psychiatric hospital.

Paragraph 3. If the patient doesn't show up for medication, the physician can decide that the patient is to be picked up by the police and brought to a psychiatric ward for a psychiatric facility. The presence of a health person shall be present at the end of the report. The medical treatment of the patient can be performed in these cases alone in a psychiatric ward.

Paragraph 4. In the case of medication in connection with the compulsory follow-up, medicinal products shall be used for which the medical examiner is aware of the patient ' s reaction, including, where appropriate, in depotform.

Paragraph 5. A decision on compulsory follow-up may be in force until 3 months after the patient has been printed.

Paragraph 6. If there is a reasoned request for and immediate danger of the patient at the end of the three-month period, cf. paragraph 5, will cease to follow the treatment necessary for the patient ' s health, the attending to the decision that the compulsory follow up after printing is extended for up to three months at a time, however so that the patient can be more than a maximum of time ; undersigned compulsory follow-up after printing for 12 months.

§ 13 e. The minister for health and prevention lays down rules on forced follow-up after printing, including after debate with the Attorney General of the police to retrieve the patient, if this does not meet up to medications, and whether : the participation of health professionals. ` ;

2. Section 20 (2). ONE, ONE. pkt., ITREAS :

" Enlightenment of any use of force, cf. ~ § 5-10 a, 12, 13, 13 d, 14-17 a and 18 a, personal foreclosure of section 18 (c) (1) 2, which has been suspended for more than 24 hours and section 18 e, the compulsion of the department shall be added to the content and the explanatory statement ' s particulars and reasons. ' ;

3. I Section 21 (1). 1, the following shall be inserted after "forced treatment," : "forced follow-up after printing,".

4. I section 24 (2). 1, the following shall be inserted after "forced treatment," : "forced follow-up after printing,".

5. I Section 26 (1). 1, pasted as 4.-6. Act. :

" For patients that are subject to compulsory follow-up after printing, cf. section 13 d, visit after printing place at the location of the processing facility. Visitors shall be made on the patient ' s request and may, provided that the patient so wishes, is replaced by telephone call. The doctor at the processing place is responsible for ensuring that the patient ' s request is made by the patient for visits or telephone calls. ` ;

6. I Section 32 (1). 3, pasted as Act 2. :

" Complaguing a decision on mandatory follow-up after paragraph 13 d, paragraph 1. ' 1, shall also apply to a seating effect. `

7. I § 35 the following shall be inserted after "forced treatment," : "forced follow up after printing under Article 13".

8. § 36, paragraph. THREE, ONE. pkt., ITREAS :

" The psychiatric patient row name of the state administration shall take a decision in complaints relating to forced treatment which is attached to the following effect and on compulsory follow-up after printing, cf. Section 32 (1). 3, within 7 working days following the receipt of the complaint. `

9. I § 37, paragraph. 1, the following shall be inserted after ' return : ` : ' forced follow-up after printing in accordance with section 13 d '.

10. I § 37 pasted as paragraph 3 :

" Stop. 3. Approving the psychiatric patient class at the state administration that there is a need for a follow-up after printing, cf. § 13 d (3) 1, the question of the compulsory follow-up after printing is first rested in the name of the refusal to extend the follow-up after printing, cf. § 13 d (3) 6. Forced follow-up after printing can then be tried by any prolongation of forced follow-up after printing, cf. § 13 d (3) 6. "

§ 2

In the law of the court's care, cf. Law Order no. 1053 of 29. In October 2009, as last amended by Section 1 of law no. 404 of 21. In April 2010, the following changes are made :

1. I § 469 (3) ONE, TWO. pkt., the following shall be inserted after "revers;" : "forced follow-up after printing,".

2. I § 469 (3) FOUR, THREE. pkt., the following shall be inserted after "revers;" : "forced follow-up after printing,".

§ 3

Paragraph 1. The law shall enter into force on 1. October 2010.

Paragraph 2. Forced follow-up after paragraph 13 on the use of compulsion in psychiatry, as drawn up by this law's § 1, nr. 1 may be carried out against patients in relation to which the 1. In October 2010 or later, a decision is taken on compulsory follow-up after printing. This applies, whether or not the conditions are in section 13 (d). 1, no. 1-4, on the use of force forced into psychiatry as written by this law's § 1, nr. 1 have been met before 1. October 2010.

§ 4

After a trial period of four years of forced follow-up after printing, the Minister for Health and Prevention is putting forward proposals for revision of the law in the year 2014-15.

§ 5

The law does not apply to the Faroe Islands and Greenland, but in the case of the Faroe Islands, in full or in part, section 1 may be put into force for the Faroe Islands with the deviations that the feroted conditions are attributable.

Givet at Christiansborg Castle, 26. May 2010

Under Our Royal Hand and Segl

MARGRETHE R.

/ Bertel Haarder