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)

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=131724

Act amending the Act on the use of coercion in Psychiatry and the law on the Court's care (Mandatory follow-up after printing) WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed: the Danish Parliament has adopted and we know Our consent confirmed the following law: § 1 of the law on the use of coercion in Psychiatry, see. lovbekendtgørelse nr. 1111 of 1. November 2006, shall be amended as follows: 1. Pursuant to section 13 (c) is inserted in Chapter 4 (a): ' section 13 (d). The Superintendent may in patient's printing decide on mandatory follow-up after printing, if in the light of the current hospitalization is found to be a good reason to believe, and nearby is a risk that the patient after printing will cease to follow the treatment that is necessary for the patient's health , and 1 patient) in the past 3 years prior to the current hospitalization has been forcibly hospitalized at least three times, 2) patient in the past 3 years prior to the current hospitalization in at least one case has failed to follow the treatment listed in a printing agreement or coordination plan, 3) the patient in connection with the current hospitalization were forcibly hospitalized or forced tilbageholdt and 4) the patient within the last six months prior to the current hospitalization have been prescribed outreach treatment by an outgoing Psychiatry team, but have failed to follow the prescribed medical treatment.
(2). Over the doctor's decision on mandatory follow-up after printing can only contain a request for the patient to meet up to medication in the psychiatric hospital system.
(3). If the patient does not show up for medication, the Superintendent may decide that the patient must be picked up by the police and brought to forced medication at a psychiatric department. There must be a health professional to the present collection. The medication of the patient in such cases can only take place in a psychiatric unit.
(4). By medication in the context of the mandatory follow-up after printing, used drugs, for which the Superintendent knows the patient's reaction, including possibly in depot form.
(5). A decision on the mandatory follow-up after printing can be valid for up to 3 months after the printing of the patient.
(6). If there is a good reason to believe and nearby risk of the patient at the 3-month-period referred to in article 6. paragraph 5, will cease to follow the treatment that is necessary for the patient's health, the Superintendent may decide that the mandatory follow-up after printing shall be extended for up to 3 months at a time, however, so that the patient maximum can be subject to mandatory follow-up after printing in 12 months.
section 13 (e). The Minister for health and prevention sets out rules on compulsory follow-up after printing, including after negotiation with the Attorney-General of the police pickup by the patient, if this not voluntarily show up for medication, and on health's complicity in this. '
2. Article 20, paragraph 1 1. paragraph is replaced by the following: ' any use of coercion, see. sections 5-10 (a), 12, 13, 13 d, 14-17 (a) and 18 (a), pursuant to section 18 (c) personal shielding (2), which continuously last more than 24 hours, and § 18 e, shall be allocated to the Department's enforcement Protocol with an indication of the success of the detailed content and justification. "
3. In article 21, paragraph 1, shall be inserted after ' compulsory treatment ' means ' forced follow-up after printing, '.
4. In article 24, paragraph 1, shall be inserted after ' compulsory treatment ' means ' forced follow-up after printing, '.
5. In article 26, paragraph 1, shall be added as 4.-6. paragraph: ' For patients who are subject to mandatory follow-up after printing, see. section 13 (d) shall visit after printing place on the treatment site. Visit happening at the patient's request and, if the patient wishes it, can be replaced with a telephone conversation. The doctor at the treatment site has the responsibility to ensure that at the patient's request be taken deal with patient advisor about the visit or phone call. '
6. In article 32, paragraph 3, the following is inserted as a 2. paragraph: ' complaint against the decision on compulsory follow-up after section 13 (d) of paragraph 1 shall have suspensory effect also. '
7. In section 35 shall be added after ' compulsory treatment ' means ' forced follow-up after printing in accordance with section 13 (d), '.
8. section 36, paragraph 3, 1. paragraph is replaced by the following: ' the psychiatric patient complaints boards by State administration shall adjudicate in complaints about forced treatment conferred on suspensive effect, and, if mandatory follow-up after printing, see. section 32 (3) within 7 working days after receipt of the complaint. '
9. In article 37, paragraph 1, shall be inserted after ' reversal ': ' mandatory follow-up after printing in accordance with section 13 (d), '.
10. In section 37 shall be added as paragraph 3: ' (3). Approves the psychiatric patient complaints boards in the State administration, the establishment of mandatory follow-up after printing, see. section 13 (d) of paragraph 1, the question of the mandatory follow-up after printing first on the new Committee, if the claimed tried in mandatory follow-up after printing shall be extended, subject to paragraph 2. section 13 (d), paragraph 6. Mandatory follow-up after printing can then be requested tried by any extension of mandatory follow-up after printing, see. section 13 (d), paragraph 6. '
§ 2 of the law on the Court of Justice, without prejudice. lovbekendtgørelse nr. 1053 of 29. October 2009, as amended most recently by § 1 of lov nr. 404 of 21. April 2010, is amended as follows: 1. In section 469, paragraph 1, point 2, shall be inserted after ' reversal ': ' mandatory follow-up after printing, '.
2. In section 469, (4), 3. paragraph shall be added after ' reversal ': ' mandatory follow-up after printing, '.
§ 3 paragraph 1. The law shall enter into force on the 1. October 2010.
(2). Mandatory follow-up after printing under section 13 (d) of the Act on the use of coercion in Psychiatry as amended by this Act, section 1, no. 1, can be taken over for patients, in relation to which the 1. October 2010 or later deciding on mandatory follow-up after printing. This is true regardless of whether the conditions of section 13 (d) (1). 1-4 of the law on the use of coercion in Psychiatry as amended by this Act, section 1, no. 1, are fulfilled before the 1. October 2010.
§ 4 After a trial period of 4 years with mandatory follow-up after printing, the Minister for health and prevention puts forward proposals on revision of the law in the Danish Folketing year 2014-15.
section 5 of the Act does not apply to the Faroe Islands and Greenland, but paragraph 1 may, by Royal Decree in whole or in part, be in force for the Faroe Islands with the derogations which the Faroese conditions warrant.

Given at Christiansborg Palace, on 26 May. May 2010 Under Our Royal hand and Seal MARGRETHE r./Bertel Haarder