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Law of 25 June 1997 on the adoption of a Law of Principles Law and other nursing and criminal law enforcement and related amendments to the Penal Code and the Law of the Principality of Prison (Principles of principles of principles of principle of consultation)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to lay down rules on the principles on which the care provided in establishments for the purpose of nursing care and the status of nursing, in particular of the former, should be laid down. Decision of the Court of Justice of the European Union Article 90d, 2nd paragraph, of the Penal Code , are nursed, are vested and in connection therewith any provisions of the Penal code and amend the Principles Act (Law);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions resting thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Justice;
(b) establishment for the purpose of consulting services: a facility intended to be used for the purpose of: Article 37d, first paragraph, of the Penal Code ;
c. Private establishment: an establishment as intended Article 90d, first paragraph , in conjunction with Article 37d, first paragraph, point (a) of the Penal Code ;
d. Establishment: a judicial establishment for the purpose of nursing at the disposal of the Article 90d, 2nd paragraph, of the Penal Code ;
e. RijksinDirection: a device as intended Article 90d (2) , in conjunction with Article 37d, first paragraph, point (b) of the Penal Code ;
f. judicial private establishment: an establishment as referred to in Article 90d (2) , in conjunction with Article 37d, first paragraph, point (a) of the Penal Code ;
g. head of establishment: the head of the establishment, in which the nursing unit is incorporated, as well as his replacement, as referred to in Article 6 (4) ;
h. Head of the establishment for the purpose of nursing at the disposal: the head of the establishment under the conditions of G or, in the case of a private establishment, other than a judicial private establishment, is included, the head of that establishment and the person responsible for the treatment of the decision made available to it. Person;
(i) made available to: an order made in respect of whom an order for public consultation is to be carried out in accordance with Article 37b or 38 (c) of the Penal Code was given;
j. nursed: a person included in an establishment;
k. member of staff or staff member: a person carrying out a task in the course of the implementation of a custodial sentence or measure in a provision for the purpose of nursing a detention of the order;
l. probation worker: a reclaser worker as intended Article 6, first paragraph, of the 1995 Reclassical Scheme ;
m. legal assistance provider: the lawyer or staff member of the foundation, intended in Article 22, first paragraph, of the Legal Aid Act ;
n. Council: the Council for Criminal Enforcement and Youth Protection;
o. Appeals committee: a commission as referred to in Article 67, second paragraph ;
Commission of supervision: a commission as referred to in Article 10 ;
(q) pronunciation: a complaint or appeal taken by a complaint or review board in response to a charge or appeal lodged by an posted or otherwise paid professional or professional body;
r. deckation committee: a commission as referred to in Article 59, first paragraph ;
s. governance: the management of the legal person managing a judicial private establishment;
t. danger:
1. the danger to the nursing, which causes it to be caused, consisting inter alia of:
a. The danger that the nursing will either rob himself of life or cause serious bodily injury to himself;
(b) the danger of the nursing home of the nursing;
c. the danger that the nursing will be of serious neglect;
d. the danger that the nursed with obstructive behavior will evoking aggression from others.
2. danger to one or more others, consisting inter alia of:
a. the danger that the nurse will rob another of life or cause serious bodily injury to him;
b. the danger to the mental health of another;
c. the danger that the nursing care of another, entrusted to his care, will be neglecting.
3. danger to the general safety of persons or goods;
You. nursing: the combination of operations, focusing on:
1. the protection of society against the danger of nursing to the safety of persons other than the nursing or general safety of persons or property; and
2. the care of the nursing nurse during the execution of the custodial sentence or detention order, including the provision of an offer to the nursing and the promotion and facilitation of his treatment;
v. Treatment: the combination of acts directed towards such a reduction of the dangerousness of the mental faculties arising from the mental abilities of the nurseries for the safety of others than the nursing or general safety of persons or goods which return the care of the cared for in society;
w. Nursing and Treatment Plan: a plan as intended in Article 16, first paragraph , as applied in respect of a nursing care,
x. nursing-file: a dossier as referred to in Article 19, first paragraph ;
y. evaluation report: a report as referred to in Article 18, second paragraph ;
z. personal residence space: the residence space referred to in the Article 16, first paragraph ;
aa. Isolation of a nursing home in a typical living or residence area, including personal accommodation, by way of derogation from the rules in force in the establishment;
Bb. separation: the enclosing of a nursing facility in a special area of residence intended for separation;
cc. house rules: rules as referred to in Article 7, first paragraph .
1 The execution of a custodial sentence or measure in an establishment for the purpose of nursing at the disposal of the sentenced person shall as far as possible be made available to the treatment of the sentenced person and to prepare for his return in the case of a detention of a person who is not the society, taking into account the character of that deprivation of liberty or measure. The security of society and the interests of victims and survivors shall be taken into account in the provision of freedoms.
2 Persons in respect of whom the execution of a custodial sentence or measure in an establishment for the purpose of nursing at the disposal of the decision is made shall not be subject to any restrictions other than those for the purpose of which the person concerned is liable to the application of a measure involving the protection of the persons the deprivation of liberty or in the interests of maintaining the order or security in the establishment for the purpose of nursing at the disposal of the order is necessary.
1 The establishments are of establishments as intended Article 3, first paragraph, of the Penitentiary Principles Act separate. Our Minister is able to make an exception to this in respect of certain establishments.
2 Within one and the same establishment, male and female nursing care is separated from one another. Our Minister may make an exception to this in respect of certain departments. The head of the establishment may provide for the opportunity to participate in certain activities or to carry out certain activities in a variety of sex, other than those residing in the same section.
1 Establishments are intended for the inclusion of:
a. persons whose care is to be taken by public authorities on the basis of Article 37b or 38 (c) of the Penal Code has been ordered;
b. persons referred to in the Articles 196 , 317 and 509g of the Code of Criminal Procedure ;
c. to custodial sentences of those who have been decided to apply Article 13 of the Code of Criminal Law ;
d. made available to whom, by court, a condition as referred to in Article 38a, 1st paragraph, of the Penal Code be placed in a device to be included in an establishment;
e. persons who have been subject to a special condition by the court to have themselves taken up in an establishment;
f. persons to whom with application of the Article 77s of the Penal Code the measure of placement in an establishment for young persons has been imposed;
g. Persons, on their own request:
1. wishing to continue their stay in an establishment or,
2 °. wanting to be incorporated again into a device.
2 To be entered in an establishment of the persons referred to in paragraph 1 Ed , P. , and G , below 2 °, and continuation of the stay of persons referred to in paragraph 1, under G , below 1 °, it shall not be granted without the permission of Our Minister.
3 In an establishment of the persons referred to in the first paragraph G , below 2 °, and continuation of the stay referred to in paragraph 1 (1), G , under 1 °, they shall be accepted in writing only if they are in agreement.
1 Consultation of private establishments is subject only to the retermination of legal persons established in the Netherlands with full jurisdiction to whose muscling the permanent care of persons with whom they are subject to the decision The lack of development or the pathos of the mental faculties is a psychiatric hospital intended for this purpose. Article 1, point H , of the Law on Special Withdrawals in Psychiatric Hospitals manage.
2 In the case of, or under general management, detailed rules shall be laid down regarding the designation as private establishment and the conditions to be attached thereto. These rules may also concern the way in which nursing and treatment is carried out in the private establishments.
3 The management of a private establishment shall be the responsibility of the head of the establishment, appointed as such by the Board.
1 Our Minister shall designate the establishments to which they are intended for the enrichment of the economy.
2 The supreme management of the wealth directions rests with our Minister. Detailed rules governing their implementation shall be laid down by or pursuant to general rules of management. Our Minister may grant a mandate relating to the powers conferred on him by or under this Law to establish general binding rules at the head of the Judicial Establishments Department.
3 The management of a wealth establishment rests with the head of the establishment, designated as such by Our Minister.
4 The head of the establishment shall, in so far as it concerns the rijksindirections with the permission of Our Minister and, in so far as it concerns judicial private establishments with the authority of the administration, appoint one or more persons as his replacement.
1 The head of the establishment shall, in addition to the rules laid down in or under this law, and in compliance with the model to be established by our Minister in this connection, and by giving instructions, house rules for the establishment or a or more sections of it.
2 The head of the establishment, for the purpose of nursing at the disposal of the decision, may exercise a power conferred by or under that law, or on the fulfilment of a duty imposed by or under this law, with the exception of powers and powers; the obligations referred to in the first, fourth or fifth members of the staff or of staff members.
3 The head of the establishment, to the extent necessary in the interest of maintaining the order or safety in the establishment or in an undisturbed course of care, shall be empowered to give instructions to the nursing staff. The nursing staff are obliged to follow these instructions.
4 To the extent that this law does not otherwise determine, the head of the establishment shall be reserved for:
a. the decisions relating to the placement or continuation of the stay in a department of intensive care as intended in Article 32 ;
b. the separation or renewal of the separation as specified in: Article 34 ;
c. a limitation of the right to untouchability of the body as intended Articles 25 to 28 ;
d. the decision to carry out medical treatment as intended Article 16b (a) or (b) ;
e. the decisions relating to the application of a child in the establishment as intended Article 47 ;
f. the decisions relating to disciplinary penalties as referred to in Article 48 and 49 .
5 The following are reserved to the head of the establishment for the purpose of nursing at the disposal of the decision:
a. the provisional transfer referred to in Article 14, second paragraph ;
b. Decisions relating to leave and probation as referred to in Article 4 (1) of the EC Treaty. Article 50 , below Article 51 ;
c. Hearing duty as intended in Article 53 and the co-position lamp as referred to in Article 54 In so far as the head of the establishment for the purpose of nursing at the disposal of the decision was taken by the decision itself, it has taken its own national judgment.
1 The head of the establishment, for the purpose of nursing at his disposal, reports the absence of any unauthorised absence and any other special occurrences to our Minister.
2 The head of the establishment for consultation of the order shall provide our Minister with all the information required at any time. Our Minister may lay down detailed rules on the content and mode of notification.
1 The head of the establishment shall establish a code of staff for staff members and staff to identify incrementally signs of domestic violence or child abuse and who reasonably contribute to it so quickly and rapidly. may be adequately provided.
2 Domestic violence is understood to mean domestic violence as referred to in Article 1.1.1 of the Social Support Act 2015 .
'Child abuse' means child abuse as referred to in Article 3 (2). Article 1.1 of the Youth Act .
4 The head of the establishment promotes the knowledge and use of the milk code.
5 In the case of, or under general management, the elements of a milk code shall be determined in each case.
1 Our Minister supervises the care of persons in respect of whom the execution of a custodial sentence or measure takes place in a private establishment.
2 The officials designated by Our Minister shall provide all relevant information for that purpose and shall have access to such a device at any time. They shall be entitled, under the obligation of professional secrecy to third parties and in so far as it is reasonably necessary for the performance of their duties, to enter into the documents relating to persons referred to in the first paragraph.
3 In the case of, or under general management, rules shall be laid down concerning the holding of notes as referred to in Article 509 o , second paragraph, below 2 °, of the Code of Criminal Procedure and the signing of other major occurrences in establishments for the purpose of consulting them in a register, the model of which shall be established by Our Minister.
The Council shall examine appeals following the Chapter XV and XVI .
1 For each establishment, a Supervisory Board is established by Our Minister.
2 The task of the monitoring committee shall be to:
supervising the procedure for the enforcement of custodial sentences and measures in the establishment;
(b) take note of the grievances expressed by nursing and to mediate between a nursing person and the head of the establishment;
(c) be responsible for the treatment of the lamations as a result of the provisions of the Chapter XIV ;
d. to advise Our Minister, the Council and the Board of Management and to provide information on A set.
3 If the advice or intelligence concerns a judicial private establishment and intended for our Minister or the Council, the committee shall attach the relevant comments of the board concerned, except in the opinion of Our Minister, The Secretary of State or the Committee shall be given special urgency or the Steering Board's observations, in the opinion of the Committee, not drawn up within a reasonable period of time.
4 By making personal contact with the nursing staff, the committee regularly informs about the wishes and feelings of those who live within them. In turn, one of its members shall act as the monthly Commissioner for this purpose.
5 In the case of general management measures, rules shall be laid down on the powers, composition and operation of the committee, the appointment and dismissal of its members and the work of the monthly Commissioner.
1 Placing at the disposal of a facility for the purpose of consultation shall be carried out on the expense of our Minister. The device is required to record the person concerned. The establishment is also required to include a decision to be made available to whom on the basis of a judgment of the court as referred to in Article 4 (2) of the EC Treaty. Article 38 of the Code of Criminal Law the condition has been provided for inclusion in a device designated by the court.
2 At least in the case of the placement, the following considerations shall include:
(a) the requirements for the protection of society against the dangerousness of the posted to the safety of persons other than the person or property which is made available or the general security;
(b) the requirements which the treatment of the lack of development or sickly impairment of his mind abilities identified in the light of the defect in the treatment of the person concerned.
3 The first and second members shall apply mutatis mutandis to the transfer of equipment to another establishment for the purpose of consulting the decision.
4 In connection with the provisions of the second paragraph, A The Secretary of State may, in the case of the award or transfer, lay down conditions to be met by the Minister responsible for the award of the said requirements.
5 In the case of, or under general management, detailed rules may be laid down regarding the placing of the goods and transfer referred to in the first or third paragraph, and the manner in which the transport of the posted or otherwise provided It takes care of.
1 The placing of an order shall be made before the period of time of posting has run out for six months.
2 If Our Minister, Taking Into Account The In Article 11, second paragraph The said requirements are of the opinion that the placement is not possible within the period prescribed in the first paragraph, it may extend that period by three months.
3 The decision on renewal referred to in paragraph 2 shall be equal to the refusal to decide within the period specified in the first paragraph.
1 Our Minister may provide that, for a period of not more than seven weeks, a temporary or other hospital may be placed for a period not exceeding seven weeks for the purpose of observation in another establishment for the purpose of consulting or providing for a period not exceeding seven weeks. psychiatric hospital or a facility for clinical observation, by Our Minister in accordance with Article 198, third paragraph, of the Code of Criminal Procedure appropriate. If the person who has been treated or otherwise cared for is not transferred to another establishment for the purposes of consultation of the order, he shall return to the establishment in which he was entered after the expiry of the period of expiry of that period.
If this is necessary for the purpose of preparing for the return of the posted or otherwise nursed to the establishment in which he was included, the Minister may, in the period prescribed by the first paragraph, not exceed the maximum amount of Extend four weeks.
1 If the nature of the defective development or pathogenous impairment of his mental faculties recorded in the order made or otherwise provided gives rise to it, our Minister may provide that the decision to Otherwise, to a psychiatric hospital as intended in Article 1, point H , of the Law Special Withdrawals in Psychiatric Hospitals , other than an establishment for the purpose of nursing care, will be transferred to be nursed there as long as it is necessary.
2 If the decision of Our Minister cannot be held, the head of the establishment for the purpose of nursing a decision may take a provisional decision.
1 In the case of, or under general management, detailed rules shall be laid down regarding the placement and transfer of the order.
2 In the case of, or under general management, rules shall be laid down regarding the transfer of the order for the commencement or continuation of the execution of the order to receive care and the procedure to be followed. Unauthorized absence of available information.
1 The head of the establishment shall ensure that a nursing and treatment plan is established as soon as possible and in any case not later than three months after the entry into the establishment, in consultation with him. He shall assign to each and every nurse a personal space of residence and shall ensure that it is properly furnished. Our Minister shall lay down rules on the requirements to be met by a residence space.
2 The treatment plan referred to in paragraph 1 shall be designed to eliminate the risk of nursing mental impairment causing the nursing, that the posting may be terminated or conditional. ended. If possible, this will be done through the treatment of the disorder. If this is not possible, this will be done by otherwise taking away the danger.
3 In the case of a general measure of management, rules shall be laid down as to the requirements to be met by a consultation and treatment plan, and the requirements to be complied with in the event of a change.
4 Before the nursing and treatment plan is adopted, consultations shall be held with:
a. the liquidator, if the nursing was placed under curate;
b. The mentor, if a mentorship is established for the benefit of the nurseries;
c. parents or guardianers, if the nursing is a minor.
Treatment of the care of the care is only taking place:
a. To the extent that it is foreseen in the treatment plan
b. if the consultation on the treatment plan as referred to in Article 16, first or fourth member , has led to agreement, and
c. if the nursing or -if applicable-the Article 16, fourth paragraph , the person referred to is not opposed to treatment.
If the conditions of this are not fulfilled Article 16a (b) and (c) The following may nevertheless be treated as the final plea:
a. To the extent likely that without that treatment the risk of the mental health impairment may not be eliminated within a reasonable period of time; or
(b) if the head of the establishment has taken a decision to that effect and, in the opinion of a doctor, is absolutely necessary in order to avert the danger that the mental-abilities disorder may cause the nursing within the establishment.
1 Treatment according to Article 16b , point (a) shall be made after a written decision by the head of the establishment stating the period for which it is to apply.
2 For the purpose of the decision referred to in paragraph 1, a statement by the investigating psychiatrist and a statement by a psychiatrist who has examined the care in question with a view to this effect must be submitted shortly before examination, but not in the case of his treatment was involved. These statements must show that the person to whom the declaration relates is disturbed in his mind and that a case is as intended to be Article 16b (a) -It's happening. The declarations must be duly substantiated and signed.
3 The decision referred to in paragraph 1 shall be notified to the Chairperson of the Supervisory Commission. The Chairperson of the Supervisory Commission shall promptly report to the Commissioner.
4 The period referred to in the first paragraph shall be as short as possible, but not more than three months from the date on which the decision is taken. The head of the establishment shall, without delay, forward a copy of the decision to the nursing or the person referred to in the Article 16, fourth paragraph .
5 If after the expiry of the period referred to in paragraph 1, continuation of treatment in accordance with Article 16b (a) , if necessary, it shall be made only by a written decision of the head of the establishment. The provisions of the preceding sentence shall also apply if retreatment is necessary within six months of the end of the period referred to in Article 16b (a). In its decision, the head of the establishment shall indicate why the intended effect is expected to be taken. Decisions of the fourth paragraph, second sentence, shall apply to such decisions.
6 In the case of general administrative measures, detailed rules shall be laid down for the application of the first, second, fourth and fifth paragraphs and on the application of Article 16b (b) .
7 The rules referred to in paragraph 6 shall in any event cover the notification and registration of the treatment and the task of the attending physician. It may also designate categories of treatment tools or treatment measures which may not be used in the course of treatment as referred to in Article 3 (2). Article 16b . In addition, in the case of a general measure of management, rules may be laid down in respect of the categories of treatment or measures laid down in respect of the procedures to be decided for.
1 The treatment is taking place due to the establishment. If a part of the treatment cannot be carried out because of the establishment, the head of the establishment shall ensure that it can be carried out by a qualified third party.
2 The head of the establishment shall ensure that the treatment is carried out in accordance with the nursing and treatment plan.
1 The nurse shall be entitled to a periodic review by the head of the establishment of the course of nursing and treatment. This evaluation shall be carried out at least once a year and, if the care has been made available, in good time for the purpose of the preparation of an opinion as referred to in Article 4 (2). Article 509 o , second paragraph, below 1 °, of the Code of Criminal Procedure place.
2 The head of the establishment shall ensure that a report is made of each evaluation and that this report shall be discussed with the care of the nurse as soon as possible.
3 If the nurse considers that the evaluation report is factually incorrect or incomplete, he shall have the right to comment in writing on this report. If the evaluation report is not improved or supplemented in accordance with the comments, the head of the establishment shall ensure that the comments are attached to the review report.
4 In the case of a general measure of management, rules shall be laid down on the procedure to be followed for evaluation and the requirements to be addressed at least to the report.
1 The head of the establishment shall ensure that a file is provided in the service of nursing and treatment of the nursing care, and in each case the following information shall be recorded:
a. Reports issued by, or to, the establishment of the custodial sentence or measure which has been ordered to be applied to the nursing care;
b. The nursing and treatment plan;
c. Summaries of discussions with regard to the adoption and amendment of the consultation and treatment plan;
d. evaluation reports;
e. opinions and endorsements as referred to in Article 509 o , second member, of the Code of Criminal Procedure ;
f. recording and dismissal data;
g. the annotation on the imposition of a disciplinary penalty as referred to in Article 49, seventh paragraph .
2 In the case of general management measures, detailed rules shall be laid down for the requirements to be met at least by the nursing dossier, the information to be recorded therein, the period of time during which the nursing file must be kept, the manner in which the nursing file is to be administered, kept and, after the expiry of the retention period, destroyed, and the transfer of data in the event of a transfer of the nursing care.
3 With the application of the provisions of the Article 464 of Book 7 of the Civil Code are: Articles 454 and 455 of this book shall not apply mutatis mutandis.
1 The nurse shall be entitled, subject to the restrictions to be laid down in accordance with paragraph 2 and third paragraph, to the knowledge of the information contained in the nursing file.
2 The head of the establishment may, after a request for knowledge of certain information, abstain from the care, where this is necessary for the use of serious danger to the maintenance of the order or security in the establishment or in the the protection of the privacy of others than the nursing.
3 The head of the establishment may limit the right to be informed of evaluation reports to a summary of such reports, if the care required is required.
4 The head of the establishment may, in the case of application of the second or third paragraph, take note of the information from which the knowledge is withheld from the nursing agent.
5 In the case of the consultation and treatment plan and the evaluation report, the right to knowledge shall also include the right to receive a copy.
6 With the application of the provisions of the Article 464 of Book 7 of the Civil Code is Article 456 of this book shall not apply mutatis mutandis.
1 The right of the nursing care of his body, the substances separated from his body, his clothing and his personal space may be restricted in accordance with the provisions of this Chapter.
2 The right to the immovability of his body may, in accordance with the provisions of the Article 30 shall be limited.
1 The head of the establishment shall, at the time of the first entry in the establishment, propose to implement an order as referred to in Article 2, first paragraph, introductory sentence, of the DNA Investigation Act in convicts and to the extent that this otherwise is necessary, the identity of the nurseries is fixed.
2 Determining the identity of the nurse shall include, upon the first entry in the establishment, the questions of his name, fornames, place of birth and date of birth, the address on which he is registered in the basic registration and the address of the person concerned. its actual residence outside the establishment. It shall also include the taking of one or more fingerprints. In cases where the nursing was previously treated according to the Code of Criminal Procedure fingerprints have been taken and processed, and the identification of his identity upon entry into the establishment shall also include a comparison of his fingerprints with the fingerprints of his/her fingerprints. In the other cases, the determination of his identity shall include an examination of his identity document, as specified in the Annex. Article 1 of the Identification Light Act . Article 29a, second paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis.
3 Determining the identity of the nursing shall include, in cases other than the first entry in the establishment, the taking of one or more fingerprints and comparing those fingerprints with the one from the point of entry of the nurse. fingerprints. In the execution of an order as referred to in Article 2, first paragraph, introductory sentence, of the DNA Investigation Act in convicts The nurse also received one or more fingerprints according to the Code of Criminal Procedure taken and processed.
4 The head of the establishment is empowered to take the nursing one or more photographs. The photographs can be used for the manufacture of a certificate of identification and for the prevention, detection, prosecution and trial of criminal offences. The nursing staff is obliged to carry out the certificate and at the request of a member of staff or staff.
5 In the case of, or under general management, rules governing the processing of personal data referred to in the second to fourth paragraphs shall be laid down.
1 The head of the establishment is authorized to provide a nurse on entry into or leaving an establishment, prior to or after a visit, or if otherwise necessary in the interests of the protection of society. against the danger of nursing to the safety of others than the nursing or general safety of persons or property or the maintenance of the order or security in the establishment, to his body or to his or her clothing. examine.
2 The examination of the body of the nurse shall include an external examination of the openings and cavities of the body of the nursing care. Research on the clothing of the nursing care industry shall include the examination of the items which the nursing person carries with or carries with them.
3 The body of the nurse shall be examined and, as far as possible, carried out by persons of the same sex as the nursing person.
4 If, in the course of an examination of the body or clothing, objects which are not in possession of the nursing care, the head of the establishment shall have the power to confiscate them. This competence shall include the removal of such articles from the openings and cavities of the body in so far as this may take place without the use of devices. He shall ensure that such articles are kept either under the certificate of receipt for the care of the nurse or with the consent of the nursing staff, either destroyed in his presence or by an investigation officer for the purposes of his or her presence. placed to prevent or detect criminal offences.
1 The head of the establishment may, if necessary in the interest of maintaining the order or safety in the establishment or in connection with the granting of leave, require a nurse to give a urine for the benefit of a examination of that urine for the presence of behavioural influence agents.
2 Our Minister shall lay down detailed rules on the procedure for the implementation of the urinalyi. These rules shall, in any event, concern the right of the nurse to ascertain the result and to have the urine permitted to be examined for its own account in the accounts. Article 23, third paragraph, shall apply mutatis mutandis.
1 The head of the establishment may provide that a nurse is examined in the body, where this is necessary for the purposes of serious risk to the maintenance of the order or safety in the establishment or serious danger to health or the safety of the nursing. The examination in the body shall be carried out by a doctor, or by a nurse on his behalf.
2 The head of the department to which the nursing care is resident may, on urgent necessity, take a decision as referred to in paragraph 1.
3 If found in the body of the body is found to be objects which are not in possession of the nursing, and these objects may be removed from the body by the doctor or nurse, the head of the device shall be have the power to confiscate them. Article 23, fourth paragraph, final sentence , shall apply mutatis mutandis.
1 The head of the establishment may require a nurse to pay that a particular medical treatment be given to him not to be treated as intended to be treated as intended to be treated as such Article 16b (a) or (b) If, in the opinion of a doctor, that act is absolutely necessary for the use of health or safety of the nursing or other person, The act shall not be carried out as a treatment referred to in Article 16b (a) or (b) by a doctor or, in his order, by a nurse.
2 Article 25, second paragraph , shall apply mutatis mutandis.
3 In the case of general management measures, detailed rules shall be laid down concerning the application of the first paragraph. These rules shall, in any event, concern the notification and registration of the medical practice. The general measure of governance shall not take effect sooner than eight weeks after the date of issuance of the State Sheet where it is placed. Notice of the placement shall be communicated without delay to the two Chambers of the States-General.
1 The head of the establishment may determine that during the separation a nurse will be restricted by the confirmation of mechanical means to his body for a period of not more than 24 hours in his freedom of movement, if that limitation is necessary for the use of one of the nursing-related serious risks to his or her health or safety or that of others. The head of the establishment shall immediately inform the doctor or his/her alternate member and the commission of the monitoring of the confirmation.
2 In case of application of Article 34, third paragraph , the head of the department where the nursing is staying may take a decision as referred to in the first paragraph when necessary. The head of the establishment, the doctor or his/her alternate member and the monitoring committee shall be informed without delay.
3 The head of the establishment may extend the confirmation of mechanical means to the body of the nurse by up to twenty-four hours each time. The decision to extend shall be taken after consultation with a doctor attached to the establishment.
4 Our Minister proposes further rules on the confirmation of mechanical means to the body.
1 The head of the establishment may provide that an intervention designed to reduce or reduce dangerous behaviour in the body of a nurse, the effects of which cannot be undone, shall be carried out.
2 A procedure as referred to in paragraph 1 shall be carried out only if:
a. The doctor who intends to carry out the procedure has informed the nurse about the nature and effects of the procedure;
(b) the nurse has stated in writing that he agree to the procedure;
(c) a period of 14 days is to be observed between the consent of the nursing and the implementation of the procedure.
3 A doctor who intends to carry out an operation as referred to in paragraph 1 shall seek the advice of a doctor not attached to the establishment.
1 The head of the establishment shall be responsible for examining the personal residence of a nurse on the presence of articles which may not be in his possession:
a. If this examination is carried out in the context of general supervision of the presence of prohibited articles in the personal residence rooms of nursing persons;
b. if otherwise necessary in order to be of interest as intended in Article 23, first paragraph .
2 Article 23, fourth paragraph , first and last sentence, shall apply mutatis mutandis.
3 The head of the establishment shall be responsible for examining the personal area of residence of a nursing person for the presence of objects suspected of being in the presence of the cared for by the care of the cared for by the care of the care of the care and of the property, if the person concerned is to take up the Prosecutor on the grounds of Article 6, first paragraph, of the DNA Investigation Act in convicts An order for the confiscation of these objects has been given.
1 The head of the establishment shall be empowered to use or use restrictions on the use of a nurse, to the extent that it is necessary for one of the following interests:
(a) the maintenance of the order or security in the establishment;
(b) the execution of a decision taken pursuant to or pursuant to this Law;
(c) the prevention of the abstraction of a nurse in the supervision of his/her supervision;
d. the execution of a due process Code of Criminal Procedure or the Law DNA research on convicts decision taken by the district attorney or the judge commissioner.
2 The head of the establishment, for the purpose of consultation, shall be empowered to use, or to use restrictions of liberty for an interest as referred to in the first paragraph, to use or to restrict the use of freedom of liberty. B or C .
3 As far as possible, the use of force shall be preceded by a warning. The person who has used violence shall immediately make a written report of this report and shall immediately forward this report to the head of the establishment for consultation of the report.
4 Our Minister proposes further rules on the use of violence and the use of freedom-limiting means.
1 The freedom of movement of nursing staff within the establishment may vary by department and by care.
2 A nurse has, except in the case of application of Article 32 , 34 or 49, first paragraph, point (a) , the right to spend at least four hours a day together with one or more co-nurses.
3 The placing on and transfer to a section shall be carried out by the head of the establishment, having regard to the following interests:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
b. the maintenance of the order or security in the establishment;
c. the implementation of the nursing and treatment plan.
4 The head of the establishment may, in so far as it involves an extension of freedom of movement, attach conditions to the establishment of a department. These conditions may involve a nursing requirement to participate in certain activities or to carry out work or work.
1 The head of the establishment may, if necessary in order to protect the interests of one of the following interests, place a nursing care unit designated by our Minister as such:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
b. the maintenance of the order or security in the establishment;
c. the use of serious danger to the health of the nursing staff.
2 The head of the establishment shall, after a period of not more than six months or continue to stay in the intensive care unit, be required to ensure an interest as referred to in the first paragraph.
3 A nursing care unit, who is staying in an intensive care unit, has the right to spend at least two times half an hour a day together with one or more co-nurses.
Where the freedom of movement to which the care in question is entitled under the rules laid down by or under this Law is not limited to the department in which he resides, the head of the establishment may, nevertheless, be such a restriction on the one hand and the other on the other hand. impose a maximum period of four weeks, if necessary for the sake of an interest as specified in Article 32, first paragraph .
1 The head of the establishment shall be responsible for the exception or separation of a nursing care if necessary for the sake of an interest as referred to in Article 4 (1). Article 32, first paragraph .
2 An uninterrupted stay in isolation or separation shall be carried out for a maximum period of four weeks, unless extended in accordance with the provisions of the fourth paragraph.
3 The head of the department to which the nursing care is resident may, in urgent necessity, take the decision on separation for a maximum of 15 hours.
4 The head of the establishment may extend the separation or separation by a written authorisation from Our Minister for a maximum period of four weeks.
5 The head of the establishment shall ensure that, where the separation lasts for more than 24 hours, a doctor attached to the establishment and the monitoring committee shall be informed without delay.
6 The head of the establishment shall ensure that, in the case of isolation or separation, the necessary contact between staff or staff and nursing is ensured and appropriate to the nature and frequency of the situation of the nursing facility.
7 Our Minister proposes further rules on the application of the isolation or separation. These rules shall, in any event, concern the rights to be sent to the nursing care during the isolation or separation.
1 The head of the establishment may, if necessary for the protection of the mental or physical condition of the nursing, provide that the nursing care shall be kept in isolation or separation, by means of a camera, day and night. Observed.
2 Before he decides to do so, he shall obtain the opinion of the psychiatrist responsible for the treatment, who shall be attached to the establishment, unless the opinion of the institution is not awaited. In that case, the head of the establishment shall seek the opinion of the opinion as soon as possible after its decision.
1 The rights of nursing shall be the right to send letters and documents by mail and to receive documents, subject to restrictions to be placed under the second to fifth paragraphs. The associated costs shall be borne by the nursing staff, unless the head of the establishment decides otherwise.
2 The head of the establishment shall be responsible for examining and opening the envelopes or other postal items intended for nursing at the presence of enclosed objects. The opening shall be carried out, as far as possible, in the presence of the nursing care concerned. In the case of the Article 4, first paragraph, point (g) The said nurses shall be empowered to do so only if the court judge of the Court of Justice of The Hague has given the burden to that effect.
3 The head of the establishment shall be responsible for the content of letters or other postal items from or intended for the care of the nurse each time for a period of not more than four weeks to be supervised, if necessary in order to achieve a single period of supervision. of the following interests:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
b. the maintenance of the order or security in the establishment;
c. the use of serious danger to the health of the nursing staff;
d. the protection of victims of or other persons involved in the crime of offences committed by a family;
e. the prevention or detection of criminal offences.
4 The supervision referred to in the third paragraph may be limited to certain persons or bodies.
5 The head of the establishment may refuse the dispatch or distribution of certain letters or other items of parcels as well as enclosed objects where this is necessary for the purposes of an interest referred to in the third paragraph.
6 The head of the establishment shall ensure that the non-rearranged letters or other items of parcels or enclosed objects are returned to the nurse or returned to the consignor or another by the person responsible for his or her account; the address to be given, whether under the issuing of proof of reception for the care of the nursing, or subject to the consent of the nursing staff, shall be destroyed in his presence, or be disposed of, or to a police investigating officer in order to give the care be set up for the purpose of preventing or detecting criminal offences.
1 The provisions of Article 35, third to the fifth paragraph , does not apply to letters, by the care of the nurses, to or from:
a. Members of the Royal House;
b. the First or Second Chamber of the States-General, a committee thereof, or members thereof;
c. Our Minister;
d. judicial authorities;
e. the National Ombudsman;
f. Health inspectors of public health;
g. the Council, a committee thereof, or members or extraordinary members thereof;
h. the Supervisory Board, or a Member of the Court of Shries, or members thereof;
i. his legal assistance provider;
j. his reclassical worker;
(k) the Board of Management, in so far as it concerns a judicial private establishment;
l. other persons or bodies to be designated by our Minister or the head of the establishment.
2 For the purpose of applying the first paragraph, Ed It shall be understood to include, among the judicial authorities, bodies empowered by a legal provision or an agreement in the Netherlands to access complaints or treatment of cases caught by a complaint.
3 Our Minister may lay down detailed rules on the manner of sending letters to and from the persons and bodies referred to in paragraph 1.
1 The nurse shall have the right to receive at least one hour per week at the time and place laid down in the rules of the house. The house rules shall lay down rules on requests for visits.
2 The head of the establishment may limit the number of persons at the same time to the nursing care if this is necessary in the interest of maintaining order or security in the establishment.
3 The head of the establishment may refuse admission to the care of a visit or visit or of a particular person or persons for a period of not more than four weeks if necessary for the sake of an interest as referred to in Article 3 (2). Article 35, third paragraph .
4 The head of the establishment may determine that during the visit supervision is exercised, if necessary in order to be of interest as intended in Article 35, third paragraph . This monitoring may include listening to or recording the conversation between a visitor and the nurseries. In advance, the care shall be given to the nurse of the nature and reason of the surveillance.
5 Any visitor shall be required to legitimise their entry in a proper manner. The head of the establishment may provide that a visitor to his clothing shall be examined for the presence of objects likely to present a hazard to the order or safety in the establishment. This examination may also cover articles brought by the visitor. The Head of the Establishment shall be responsible for taking such items during the period of the visit, either at the time of the issue of the receipt of proof of receipt or from an investigation officer for the purpose of preventing or detecting the presence of such objects. of criminal offences.
6 The head of the establishment may terminate the visit within the appropriate time and remove the visitor from the establishment, if necessary for the sake of an interest as intended. Article 35, third paragraph .
7 The in Article 36, first paragraph, point (g) and (h) The persons and bodies mentioned shall have access to the nursing services at all times. The other persons and bodies referred to in that paragraph shall have access to the care of the times and places laid down in the rules of the house. During the visit they may enjoy themselves freely with the nursing care, except in the case of nursing a serious hazard to the visitor's safety.
1 The following shall be entitled to telephone calls of persons outside the establishment, subject to restrictions which may be imposed in accordance with the provisions of the second to the fifth paragraph, the right to telephone at least once a week for 10 minutes. In the house rules, the time and places as well as the apparatus to be used for the call or call shall be designated. The associated costs shall be borne by the nursing staff, unless the head of the establishment decides otherwise. Telephone calls may be recorded for the purposes of supervision as referred to in the second paragraph.
2 The head of the establishment may provide for surveillance of telephone conversations carried out by or with a nurse, where this is necessary to establish the identity of the person with whom the nursing staff has taken a telephone call. -whether or not to take account of the importance of the Article 35, third paragraph . This monitoring may include listening to a phone call or the listening of a recorded phone call. Notice shall be given to the person concerned of the nature and reason of the monitoring. A general measure of management shall lay down detailed rules on the recording of telephone calls and the retention and provision of recorded telephone calls.
3 The head of the establishment may refuse to conduct telephone calls or telephone conversation for a period of no more than four weeks or terminate a telephone call within the appropriate time, if necessary. with a view to an interest as referred to in Article 35, third paragraph .
4 The nursing has the right to the in Article 36, first paragraph The persons and bodies mentioned should make telephone calls at times and places defined in the rules of the house. Such interviews shall not be subject to any control other than those necessary to establish the identity of the person or body with whom the nursing staff is conducting a telephone conversation or wishing to conduct a telephone conversation.
1 The head of the establishment may authorise the conduct of a discussion between the nursing and a representative of the media, in so far as this shall be carried out with the following interests:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
b. the maintenance of the order or security in the establishment;
(c) the protection of public order and good mores;
d. the protection of the rights and freedoms of others than the nursing;
e. the prevention or detection of criminal offences.
2 The head of the establishment may, in order to protect the interests referred to in paragraph 1, attach conditions to the access of a representative of the media to the establishment of the establishment. The head of the establishment shall have the power to remove a representative of the media from the establishment, if he fails to comply with the conditions imposed on him.
3 The head of the establishment may supervise the contact with a media representative where this is necessary for the sake of an interest as referred to in the second paragraph. Article 37 (4), fourth paragraph, second and third sentences, and fifth paragraph shall apply mutatis mutandis.
1 The nurse has the right to freely confess and experience his religion or life's conviction, either individually or in a community with others.
2 The head of the establishment shall ensure that adequate mental care, as far as possible with the religion or belief of nursing from the nursing staff, is available in the establishment.
3 The head of the establishment shall place the nursing care on the occasion at times and places defined in the rules of the house:
a. To maintain personal contact with the spiritual caregiver of the religion or life belief of his/her choice, attached to the establishment;
b. To maintain contact with other than A Named spiritual carers according to the provisions of Article 37 ;
(c) to attend in the establishment religious and philosophical meetings of his choice, unless the head of the establishment prohibits it in relation to the maintenance of the order or security in the establishment.
4 In the case of, or under general management, detailed rules may be laid down in respect of the availability of the mental care. These rules may relate to the provision of mental care by, or because of different directions of religion or belief, the organization and funding of the mental care and on the appointment of mental health care. mental caregivers at a facility.
1 The nurse shall be entitled to care by a doctor attached to the establishment.
2 The nurse shall be entitled to a medical consultation of a doctor of his choice.
3 The head of the establishment shall ensure that a doctor attached to the establishment:
a. is available regularly for the holding of a proverb;
b. is available at other times, if necessary in the interests of health of the nursing;
The nursing staff who are eligible to take account of their suitability for participation in work, sport or any other common activity or activity shall be examined.
4 The head of the establishment shall ensure that:
(a) the provision of the medics and diets prescribed by a doctor attached to the establishment;
(b) the treatment of the nurse at the instructions of a doctor attached to the establishment, to the extent that it cannot be treated as a treatment, intended to be used in the course of Article 1 (v) ;
c. The transfer of the nurses to a hospital or other institution, if the B the treatment referred to therein.
1 The head of the establishment shall ensure that supplies, necessary clothing and footwear are provided to the nursing staff or that sufficient funds are made available to him in order to adequately provide for this.
2 The nurse shall be entitled to wear their own clothing and footwear, unless they may pose a danger to the order or safety in the establishment. He may be required to wear custom clothing or footwear during the performance of work or sports.
3 The head of the establishment shall ensure that the supply of food takes as much consideration as possible of the religion or belief of the nursing care of the nursing staff.
4 The head of the device shall be responsible for ensuring that the care is provided properly and at the latest by the care of the care and the physical hygiene.
5 The rules lay down rules on the purchase by nurses of articles of use other than those provided for by the head of the establishment.
1 The head of the establishment shall provide social care and assistance, education and education, leisure and sports activities for the nursing staff, provided that the nursing and treatment plan of the nursing care sector is not already provided for in that provision. Involved in nursing.
2 The head of the device shall be responsible for ensuring that a library device is present. The house rules lay down rules on the use of the library by nursing staff.
3 The nurse has the right to stay in the outdoors for at least an hour per day.
4 Our Minister lays down rules governing the conditions under which a concession may be granted in respect of costs incurred for nursing education and participation in other educational activities, in so far as they are not included in the programme. It may be connected. These conditions may concern the nature, duration and cost of such activities, as well as the pre-training of the nursing and its claims.
1 The care, subject to the restrictions to be placed in accordance with the second to paragraph 4, shall have the right to place or contribute to him or her property in his/her personal residence.
2 In the rules of the rules, it may be stipulated that the possession of certain types of property within the establishment or a specific section thereof shall be prohibited if such property may present a hazard to:
(a) the protection of society against the danger of nursing to the safety of others than the nursing or general safety of persons or property;
(b) the maintenance of the order or security of the establishment, or, in so far as it does not bear the responsibility of the head of the establishment for the articles.
3 The head of the establishment may provide that a nursing agent may not, in his personal residence or have in his/her personal residence, belong to any of the articles referred to in the second paragraph, if that person may not have necessary for the purposes of one of the interests mentioned in the second paragraph.
4 The head of the establishment shall be empowered to carry out enquiries for his or her behalf in order to determine whether or not the authorization or possession of such goods may be granted under the conditions laid down in the second or third paragraph of this Article. Permitted or prohibited.
5 Article 23, fourth paragraph The first and last sentence of this paragraph shall apply mutatis mutandis.
In the case of, or under general management, rules relating to the management of the own money of the nursing care family, including the remuneration for the provision of work and the labour wage as referred to in Article 4 (1) of the EC Treaty, are to be taken into account. Article 46 (2), second, second, second, third And their spending by nursing, as well as the pocket and changing money.
1 The nursing care is not required to carry out work within the establishment, except:
a. to the extent that this derives from a condition linked to the extension of its freedom of movement, as referred to in Article 31, fourth paragraph , or
(b) these activities are of a household nature and relate to the premises where they reside, including the personal area of residence.
2 For the purpose of carrying out operations, with the exception of those in the first paragraph, B The activities described have the right to a fee to be determined by our Minister. This allowance shall be paid for the purpose of determining the contribution of the contribution in accordance with the conditions laid down in (a) Long-term care law are not taken into account.
3 The nursing is not required to perform work outside the establishment, except in so far as it results from a condition attached to the leave or the probation period as provided for in Article 50, second paragraph , below Article 51, second paragraph If the nursing staff is not working outside the establishment, his or her working pay shall remain his property, without prejudice to the provisions of the Long-term care law .
1 If a nurse wishes to subside a child in the establishment in order to take care of it there and to raise it, he shall be required to do so by the head of the establishment. The head of the establishment may authorise such authorisation, in so far as this residence has been carried out with the following interests:
a. the protection of personal safety or the mental or physical development of the child;
b. the maintenance of the order or security in the establishment;
c. the implementation of the nursing and treatment plan.
2 The head of the establishment may attach conditions to the consent for an interest as referred to in the first paragraph.
3 The head of the establishment may seek the opinion of the Council for Child Protection in respect of a child in the establishment plan to be present.
4 The head of the establishment may revoke the consent if this is necessary for the sake of an interest as referred to in the first paragraph or if the nursing person fails to comply with a certain condition. If the head of the establishment considers it necessary to carry out a further examination, he may invoke the cooperation of the Council for Child Protection.
5 The head of the establishment shall be obliged to refuse or withdraw the consent if the child's teaching in the establishment is contrary to any decision relating to the child.
6 The rules lay down detailed rules on the residence of children in the establishment.
7 The cost of caring for the child shall be borne by the State only in so far as the care itself is not able to provide for that cost.
(1) If a staff member or employee of the establishment finds that a nursing care professional is involved in facts incompatible with the order or safety of the establishment or with an undisturbed conduct of nursing and he intends to take part in the establishment of a nursing institution He/she shall report to the Head of the Establishment in writing, shall inform the nursing staff of the opinion.
2 The head of the establishment decides on the imposition of a disciplinary penalty as soon as possible after the report has been submitted.
3 If the head of the establishment or his replacement becomes facts as referred to in paragraph 1, the first paragraph shall remain out of application.
1 The head of the establishment may, for the purpose of committing the facts, be Article 48, first paragraph , to impose one or more of the following disciplinary penalties:
a. Isolation in the personal residence space, for the whole or a specified period of time, for a maximum period of two weeks;
b. restriction of freedom of movement to the department, where the nursing care is staying, for a maximum of two weeks;
(c) fine up to a ceiling to be determined by Our Minister;
d. a denial of a visit by a particular person or of certain persons for a period of not more than two weeks, if the fact of the matter took place in relation to the visit of that person or persons;
e. Exclusion from participation in one or more common activities or work for up to two weeks, if the fact took place in relation to that common activity or activity.
In the event of the imposition of a fine, the head of the establishment shall also determine by any other penalty the penalty shall be replaced if the fine has not been paid within the period prescribed for that purpose.
3 The head of the establishment may for facts as referred to in Article 48, first paragraph , more than one penalty, except that the penalties provided for in paragraph 1 (a) and (e) may be imposed only in so far as they do not last longer than two weeks.
4 The imposition of a penalty shall not affect the ability of the head of the establishment to deal with the damage caused to property of the establishment or of staff or employees or of co-nurses with the damage caused by the nursing care To take care of a settlement.
5 If a penalty has been imposed, it shall be implemented without delay. The head of the establishment may provide that a penalty is not or only partially enforced.
6 No sentence can be imposed if the nurse for the commit of a fact as intended in Article 48, first paragraph , it cannot be held responsible.
7 The head of the establishment shall keep a record of the lodging of the penalty, or of any such change. If a punishment due to Chapter XIII , XIV or XV In whole or in part, the head of the device shall keep a note of that note.
(1) If the dangerousness of the mental faculties of the order made for the safety of others than the posted or general security of persons or property has been reduced so as to temporarily leaving the establishment, may be the head of the establishment for the purpose of consulting, with the authorisation of Our Minister, the leave provided for under the supervision of the institution. to go outside the facility. Leave may include a stay entirely outside the establishment.
2 The general condition is that the decision made shall not be committed to any crime. The head of the establishment for the purpose of nursing at the disposal of the order may attach to the leave a special condition, the conduct of the relevant information. These conditions may include the use of the provided instructions in accordance with the instructions given by the supervisor.
3 The head of the establishment for the purpose of nursing at the disposal of the order may withdraw the leave if this is necessary for the protection of society against the dangerousness of the available for safety of a person other than the person concerned or the general security of persons or property, or where the order made available fails to comply with the conditions laid down.
4 The provisions of the first to third paragraphs shall apply mutatis mutandis to nurses which have not been made available.
5 The head of the establishment for the purpose of nursing at the disposal of the said decision shall provide the competent or other person with the opportunity to leave the facility for the purposes of consultation with a view to making a judicial decision on the provision of a procedure to be established:
a. If he is required by legal regulation to appear before a court or administrative body;
b. if he is to be subject to a crime in this regard;
c. If he has a material interest in attending the proceedings, and if the establishment of the establishment is not abandoned, there is no question of predominant objection to that effect.
6 The Minister may lay down detailed rules on the way in which the transport of the intended or otherwise cared for for the purpose of attending judicial proceedings, as referred to in the fifth paragraph, is carried out.
7 The head of the establishment for the purpose of nursing at the disposal of the establishment may provide that supervision is exercised when the establishment is abandoned.
(1) If the dangerousness of the mental faculties of the order made for the safety of others than the posted or general security of persons or property has been reduced so as to If he is responsible for his return to the company by way of a trial, the head of the establishment for the purpose of consultation may, with the permission of Our Minister, grant the order of leave provided for in this Decision.
2 Article 50, second paragraph, first and second sentences , shall apply mutatis mutandis. The special conditions may include the provision made available for the purpose of obtaining aid and support for the institution designated by our Minister, who shall be responsible for the provision of certain general measures of management. requirements, Aid and aid shall be granted in accordance with the identity of the decision made available. Article 27a, first paragraph, first sentence, and second paragraph, of the Code of Criminal Procedure shall apply mutatis mutandis.
3 The posted on who has been granted the test leave shall, subject to the obligations arising out of his conditions, enjoy freedom of movement. Article 50, third paragraph , shall apply mutatis mutandis.
4 In the case of, or under general management, detailed rules are laid down in respect of leave and on probation.
1 The head of the establishment shall ensure that, on entry to the establishment, the nursing staff is informed, in writing and as far as possible in a language understood to him, of his rights and obligations under this Act.
2 In particular, the nursing staff shall be given the right to:
a. Request for mediation to be submitted in accordance with the provisions of Chapter XIII ;
b. Submit a charge or appeal in accordance with the provisions of Chapters XIV to XVI.
3 A nursing stranger shall be informed upon entry to the establishment of his right to have the consular representative of his country informed of his detention.
1 The care shall be given, as far as possible in a language which is understandable to him, at least for this purpose before a decision is taken concerning:
a. the placement or continuation of the stay at a department of intensive care as intended in Article 32 ;
b. a restriction of freedom of movement as intended in the Articles 33 or 34 ;
c. a limitation of the right to untouchability of the body as intended Articles 25 to 27 ;
(d) the conduct of medical treatment as specified in Article 16b (a) or (b) ;
e. the decisions relating to the application of a child in the establishment as intended Article 47 ;
f. the imposition of a disciplinary penalty as referred to in Article 49 ;
g. the observation by means of a camera, meant in Article 34a, first paragraph .
2 The order made available, as far as possible in a language which may be understood to him, shall be given the opportunity, at least for this purpose, before a decision is taken concerning:
a. the decisions relating to the placement or transfer in accordance with the provisions of Chapter III ;
(b) withdrawal of a leave or leave as referred to in the second subparagraph of Articles 50, third paragraph , and 51, third member .
3 If necessary, the hearing of the person concerned shall be provided with assistance from an interpreter. Records of the person concerned shall be recorded.
4 The hearing of the person concerned may be omitted if:
a. The required urgency must be resisted;
(b) The state of mind is in the way of that state of mind.
1 The nurse shall receive, without delay, in writing and as far as possible in a language which is understandable to him, a reasoned, diaries and communication signed on:
a. Any decision as intended Article 53, first paragraph ;
(b) refusal of dispatch or presentation of a letter or other postal item or of enclosed objects as referred to in Article 35, fifth paragraph ;
c. the refusal of admission to the nursing care of a visit or a particular visitor as intended in Article 37, third paragraph ;
d. the refusal of the conduct of telephone calls or any particular phone call as intended Article 38, third paragraph ;
e. the prohibition of any contact with a representative of the media as intended by Article 39, second paragraph .
2 Forthwith, in writing and as far as possible in any language which may be understood by him, the posted shall receive a reasoned, reasoned and signed communication on any decision as may be made by Article 53, second paragraph .
Where applicable, the person concerned shall be informed, as appropriate, of the possibility of conciliation, complaint, appeal and the manner in which and the period within which to do so and the possibility of making a request to the person concerned. Chairman of the Appeals Board to suspend, in whole or in part, the decision to execute the judgment pending the ruling.
4 If the decision is required by the Minister's authorization, a copy of the communication shall be annexed to the communication.
1 The nurse shall have the right, orally or in writing, to apply to the Supervisory Board an application to be made in respect of a complaint concerning the manner in which the head of the establishment is in a given matter of interest to the Commission. carried on him or a duty of care provided for in or under this Act. A conduct of a member of staff or of an employee of the establishment towards the nursing unit shall be considered to be a conduct of the head of the establishment for the purposes of this provision.
2 If the complaint concerns a decision which is open to complaint, the request must be lodged not later than the seventh day following that on which the nurse was informed of that decision.
3 The monitoring committee shall endeavour to reach a mutually acceptable solution within four weeks. It may bear the conciliation in whole or in part by the monthly Commissioner or any other member appointed from among its members.
4 The supervisory committee shall give the nursing and head of establishment the opportunity, whether or not in each other's presence, to explain their views orally. If the nursing care of the Dutch language is not sufficiently controlled, the supervisory committee shall ensure the assistance of an interpreter.
5 She concludes the mediation by a communication of her findings to the head of the establishment and the nurseries. In the cases specified in Article 56 The nurse shall be reminded of the possibility of complaining and the manner in which it is to be made and the time limit within which it is to be made.
6 If the head of the establishment or nursing officer so requests, a copy of the communication shall be sent to him as soon as possible and shall be sent to him as soon as possible. The date of such transmission or presentation shall be endorsed on this copy. If the nurse does not sufficiently understand the Dutch language, the supervisory committee shall arrange for a translation of the communication.
1 A nurse may submit to the complaint committee the following decisions taken by the head of the establishment:
a. the imposition of a disciplinary penalty as referred to in Article 49 ;
b. the placement or continuation of the stay at a department for intensive care as intended in Article 32, first and second paragraphs ;
c. a decision that involves a restriction of contact with the outside world as intended in Chapter VII ;
d. the refusal or withdrawal of the consent to place a child in the establishment as intended in Article 47, first and fourth paragraphs ;
(e) any other decision constituting a restriction on a right which, on the basis of a provision given by or under this law, or any other legal requirement or any binding provision of a convention in the Netherlands, is Is subject to the Article 57 .
2 A nurse may submit to the complaint committee the following decision taken by the head of the establishment to:
a. Withdrawal of leave as referred to in Article 50, third paragraph , if the leave has taken a continuous period of more than one week at the time of its withdrawal;
b. Against the withdrawal of the probate leave provided for in Article 51, third paragraph .
3 A decision of a staff member or member of staff of the establishment shall be regarded as a decision of the head of the establishment for the purposes of this provision.
4 The procedure for the head of the establishment of a duty of care provided for in or pursuant to this law shall not be open to complaint.
5 A decision as referred to in paragraph 1 shall be the same as a refusal to decide. A decision shall be deemed to have been refused if a decision has been taken within a reasonable period of time, or in the absence thereof, in the absence of such a decision.
6 The head of the establishment shall be responsible for ensuring that a nursing care nurse is given the opportunity to do so as soon as possible.
1 Against a decision to limit the freedom of movement as referred to in Article 33 It is open after a week.
2 Against a decision on separation and the duration of the separation, it is open after a day's separation has taken place.
3 To a decision of isolation and the duration of the seclusion is open, after the isolation took two days.
4 The day on which a decision as referred to in paragraphs 1 to 3 has been taken shall not be taken into account.
5 Against the decision to extend the separation or separation at the foot of the particular Article 34, fourth paragraph -It's open. It's open.
6 Against the decision to apply camera observation on the basis of Article 34a, first paragraph -It's open. It's open.
1 The nursing care of the nurse shall be caused by the filing of a complaint to the secretary of the committee responsible for the establishment of the establishment where the decision on which he is complaining has been taken.
2 The lodging of the lamition may take place through the head of the establishment where the nursing care resides. The head of the establishment shall, in that case, ensure that the handwriting or, if the handwriting is in a closed envelope, the envelope shall be provided with a day drawing.
3 The complainant shall indicate as accurately as possible the decision complained of and the reasons for the complaint. If the person concerned has not made a request for conciliation of the decision on which he is complaining, he shall state the reasons for this in the laminating script.
4 If the nursing did not adequately control the Dutch language, he may submit the handwriting in another language. The Chairman of the Complailing Committee may provide that the complainant shall be translated into the Dutch language. Reimbursement of costs incurred in translation shall be made according to general rules of management.
5 The complaint must be lodged not later than the seventh day following that on which the nurse has been informed of the decision on which he wishes to complain. The day on which the complaint is lodged shall be that of the receipt by the secretary or of the day drawing referred to in the second paragraph. The complaint lodged at the end of that period shall nevertheless be admissible if it is not reasonable to consider that the nursing care has been in default.
6 In the event of a request for conciliation of the contested decision, the complaint must, by way of derogation from the fifth paragraph, be lodged no later than the seventh day following the day on which the nursing care was has received written communication of the findings of the monitoring committee.
The complainant is dealt with by a committee of staff appointed by the supervisory board from among its members, consisting of three members, who shall be assisted by a secretary. A member of the Supervisory Board shall not take part in the proceedings of the complainant, if he has mediation in the matter of the decision to which it relates or has had any other interference in the matter.
2 Our Minister may, in the case of judicial private establishments on a proposal from the board, appoint members of other supervisory boards to be part of a committee of officials.
If he considers that simple or manifestly inadmissible, he or she is manifestly unfounded or manifestly well founded, he or she may, as a single member of the complaint, be the one to whom he has the right to act. He shall also have the same powers as the President of the Plenary Committee.
4 The chairman, or the member designated by him as referred to in the third paragraph, may refer the matter to the full court of the Tribunal at any time.
5 The treatment of the lament does not occur in the public place, except in cases where the complaint is of the opinion that the non-public treatment is not compatible with any binding provision of a convention in the Netherlands.
1 The secretary of the complaint committee shall send to the head of the establishment a copy of the manuscript. The head of the establishment shall, as soon as possible, submit to the Commission the information necessary in writing, unless it considers that the complainant's position is manifestly inadmissible or manifestly unfounded. It shall add the observations to which the complainant shall also give rise to the observations. The complainant shall notify the complainant in writing of the contents of this information and comments.
2 If the supervisory committee has mediated the decision complained of and it has notified its findings in writing to the complainant and the head of the establishment, the Secretary of the Complainer Committee shall add the findings. to the procedural documents.
1 The complaint committee shall give the complainant and the head of the establishment an opportunity to make oral observations on the complaint, unless it appears to be inadmissible, manifestly unfounded or manifestly well founded.
2 The complainant and the head of the establishment may give the chairperson of the court committee the questions which they wish to see to each other.
3 The complaint board may hear the head of the establishment and the complainant outside each other's presence. In that case, they shall be given the opportunity to give in advance the questions which they wish to see and the contents of the statement thus made by the chairman of the complaint to the complainant shall be the subject of a preliminary decision. Head of the establishment verbally informed.
4 The complaint committee may also obtain orally or in writing information from other persons. If the oral information is sought, the second and third paragraphs shall apply mutatis mutandis.
1 The complainant has the right to be assisted by a law-by-law or other person of confidence, who has been authorised to do so by the complaint committee. Where a lawyer has been added to the complainant, his remuneration and the reimbursement of the costs incurred by him shall be determined by a general measure of management.
2 If the complainant does not sufficiently control the Dutch language, the President shall arrange for the assistance of an interpreter. The payment of the interpreter and the reimbursement of the costs incurred by the interpreter shall be made in accordance with general rules of administration.
3 During the procedure for the complaint, the complaint is to be notified to the complainant, at the request of the complainant, of the documents.
4 If the complainant remains elsewhere, the observations may be referred to in Article 61, first paragraph , at the request of the Board of Complaint, before a member of another Council of Shrieting committee is made.
5 Of the hearings of the parties concerned, the Secretary shall make a written report, which shall be signed by the Chairman and the Secretary. In the event of one of them being prevented from doing so, the report shall contain the reason for that.
The Chairman of the Conciliation Committee may postpone the examination of the complainant for certain or indefinite periods if he considers that the complainant lenes himself for conciliation or if the conciliation procedure has not yet been concluded. In the first case, the President shall prepare a copy of the letter of complaint to the Commissioner or to another member of the supervisory committee for the request for funds. Article 55 shall apply mutatis mutandis.
1 Pending the judgment of the complainant, the chairman of the appeal committee may, at the request of the complainant, after hearing the head of the establishment, give the enforcement of the decision to which the complainant refers whole or Partial suspension.
The President shall immediately inform the Head of the establishment and the complainant accordingly.
1 The complaint committee shall, as soon as possible, but in any event within a period of four weeks from the date on which the complaint was received or, in the case of application of Article 63 , from the date on which the conciliation was concluded, to be delivered. In special circumstances, the Commission may extend that period by not more than four weeks. This extension shall be communicated to the head of the establishment and to the complainant.
2 The ruling shall be reasoned and recorded. The ruling is attached to a report of the persons heard by the Court of Human Bees. It shall be signed by the President, as well as by the Secretary. When one of them is prevented from doing so, the reason for that is stated in the judgment. The complainant and the head of the establishment shall be sent without delay and free of charge a copy of the decision of the Council of the European Union on the subject of the complaint or issued. The date of such transmission or presentation shall be endorsed on this copy.
3 The ruling states the possibility of bringing an appeal to the appeal committee and the manner in which and the term within which to do so and the possibility of making a request to the chairman of the appeal committee to suspend, in whole or in part, enforcement of the judgment of the Court of affairs on the appeal.
4 If the complainant does not have sufficient control of the Dutch language and cannot be otherwise provided in the establishment, the President of the Board of the Court shall arrange for a translation of the Award and the communication as referred to in Article 4 (2). in the second, second, third member. Reimbursement of costs incurred in translation shall be made in accordance with general rules of management.
5 The President of the Court of First Affairs may also forward the ruling orally to the complainant and the head of the establishment. They mention the possibility of bringing an action before the appeal committee, the manner in which and the period within which to do so, as well as the possibility of suspending the enforcement of the judgment if Intended in Article 67, fourth paragraph . The day of the ruling shall be the day of the delivery of this communication. If an oral statement is made, the pronunciation shall be lodged at the lamaration of the judgment.
6 If the fifth paragraph has been applied and appeals are instituted as foreseen in Article 67, first paragraph , elaboration of the judgment of the Court of Jurisdiction in the manner referred to in the second paragraph. The Secretary of the Board of Appeal shall send a copy of this statement to the head of the establishment, the complainant and the appeal committee.
7 The Secretary shall send a copy of all the decisions of the Court of Justice to our Minister. Any person shall have the right to be informed of such statements and to receive a copy thereof. Our Minister shall ensure that this copy does not contain any information from which the identity of the nursing care can be derived. With regard to the cost of receiving a copy, it is at or under the Law Rates in Criminal Matters certain of the corresponding application.
1 The judgment of the complaint committee shall extend to whole or in part:
a. Inadmissibility of the complaint;
b. Unground clearance of the plaits;
c. based on the clog-up of the complaint.
2 If the decision on the complaint is of the opinion that the decision complained of:
a. contrary to a legal requirement laid down in the establishment or any binding provision of a Convention in the Netherlands or
b. when considering all eligible interests, including the security of society and the interests of victims and survivors, must be deemed unreasonable or unfair, she declares the complaint well founded and destroyes the decision in whole or in part.
3 When applying the provisions of the second paragraph, the Court of Finance may:
(a) bear the head of the establishment responsible for taking a new decision in accordance with its judgment;
(b) decide that its judgment will replace the decision which has been destroyed;
c. Be sufficient for destruction of whole or partial destruction.
4 By application of the provisions of the third paragraph, A , the Court of Finance can set a deadline in its ruling.
5 The complaint committee may provide that the judgment shall remain inoperative, in whole or in part, until it has become irrevocable.
6 If the provisions of the second paragraph are applied, the effects of the decision which has been destroyed shall be reversed, as far as possible, by the head of the establishment, or in accordance with the judgment of the The Board of Complaits.
7 In so far as the effects referred to in paragraph 6 are no longer unaffected, the Court of Finance, after hearing the head of the establishment, shall determine whether any concession has been granted to the complainant. It shall lay down the concession which may be of a technical nature.
1 Against the decision of the Court of Appeal, the head of the establishment and the complainant may appeal to the appeal committee by lodging a notice of appeal. The reasoned appeal must be sent to the Secretary of the Appeals Board not later than the seventh day following that of the receipt of the copy of the judgment of the judgment of the judgment of the General Secretariat. submitted.
2 The appeal shall be handled by a committee appointed by the Council of at least three members or special members, who shall be assisted by a secretary.
3 As regards the treatment of the appeal Article 56, fifth paragraph , 58, second, fourth and fifth paragraphs, second and third sentences , 59, fifth paragraph , 60, 1st Member , 61 and 62, first, second, third and fifth member , by analogy, with the proviso that the Appeals Board may provide that:
(a) the head of the establishment and the complainant shall be given the opportunity to make written comments on the appeal;
(b) the oral observations shall be made to a member of the appeal committee;
(c) where an oral information is sought from another person, the head of the establishment and the complainant shall be given the opportunity of giving in writing the questions which they wish to see to that person in writing.
4 The lodging of the notice of appeal shall not suspend execution of the judgment of the Court of jurisdiction, except in so far as it provides for the adoption of a concession as referred to in Article 4 (2) of the EC Treaty. Article 66, seventh paragraph -That means it. The chairman of the appeal committee may, at the request of the person who has brought an action and after hearing the other person in the proceedings, suspend the enforcement of the judgment of the Court of Appeal in proceedings pending the appeal. It shall forthwith inform the head of the establishment and the complainant accordingly.
1 The appeal committee shall rule as soon as possible.
2 The judgment of the Appeals Board shall extend to all or part:
a. Inadmissibility of the appeal;
(b) confirmation of the decision of the Court of Complaint, either with the acquisition or improvement of the grounds;
(c) destruction of the judgment of the Court of Jurisdiction.
3 If the provisions of paragraph 2 below, C The appeal committee is doing what the Commission's committee had to do.
4 With regard to the ruling of the Appeals Board, the Article 65, second paragraph, first and third sentences of up to fifth sentence, fourth and seventh paragraphs , and 66, with the exception of the fifth paragraph , mutatis mutandis.
1 An appeal has been made or is otherwise intended to be used by any other person against:
a. Placing the placement or transfer in accordance with the provisions of the Articles 11 , 13 and 14 ;
(b) the extension of the time limits specified in the Article 12, second paragraph (13), second paragraph,
c. the revocation of the authorization by Our Minister as intended in the Articles 50 and 51 ;
(d) the decision of the head of the private establishment, other than a judicial private establishment, on the withdrawal of leave provided for in Article 50, third paragraph , if the leave has taken a continuous period of more than one week at the time of its withdrawal;
(e) the decision of the head of the private establishment, other than a judicial private establishment, on the withdrawal of the probate leave provided for in Article 51, third paragraph ;
f. any other decision taken by Our Minister which imposes a restriction on a right which, on the basis of a provision given by or under this Act, or any other legal requirement or any binding provision of a right In the Netherlands, the Treaty shall be applicable;
g. a decision as referred to in the first member of Article 16c .
2 The appeal shall be dealt with by a committee appointed by the Council of three members or of special members, who shall be assisted by a secretary.
3 Article 56, fourth paragraph , shall apply mutatis mutandis.
4 With regard to the treatment of appeal, the Article 56, fifth paragraph , Paragraph 58, second paragraph, third paragraph, with the exception of the second sentence, fourth and fifth members , 59, fifth paragraph , 60, 1st Member , 61 , 62, first, second, third and fifth member , and 64 applicable mutatis mutandis, except that the committee may provide that:
(a) observations on the appeal may be made only in writing;
(b) the oral observations are to be made to a member of the committee;
(c) where an oral information is sought from another person, the persons concerned shall be given the sole opportunity of giving in writing the questions which they wish to see to that person.
5 The Commission shall give its opinion as soon as possible. With regard to the Award, the Articles 65, second and fourth members, and seventh member , except for the first sentence, and 66, with the exception of the fifth paragraph, mutatis mutandis.
1 The head of the establishment shall assume that a nursing board may be chosen by the nursing staff and by the nursing staff.
2 The nursing board shall have the task of acting with the head of the establishment to consult on all general matters relating to the living and living conditions of the establishment. Both the Council and the head of the establishment may raise these issues in that consultation.
3 In the case of a general measure of management, rules shall be laid down on the powers, composition and procedures of the nursing board.
1 The in Chapters XII to XVI the rights provided for or cared for by the nursing profession may, except in cases where the complaint or review committee or committee referred to in Article 69, second paragraph -considers that important interests of the person concerned are contrary to this, and shall be carried out by:
a. the liquidator, where the person concerned has been placed under receivership;
b. The mentor, if a mentorship is established for the purpose of the person concerned;
(c) parents or guardian, if the person concerned is underage.
2 The head of the establishment for the purpose of nursing care shall ensure that the persons referred to in paragraph 1 are made aware of these rights.
1 The head of the establishment may place the stay of a nurse as intended. Article 4 (d, e) or (g) , terminate, if any of the following conditions occur:
a. The impairment of the mental abilities of the nursing staff has been reduced in such a way that, in view of the safety of others than the nursing or general safety of persons or property, it is justified to return to him in society;
(b) the continuation of the stay in the establishment of the nursing facility shall endanger the maintenance of the order or safety in the establishment or treatment of other nursing care;
c. the importance of the nurse will bring to the end that his treatment is continued elsewhere;
d. the treatment of the nurse gives insufficient results to be seen.
2 The head of the establishment shall terminate the stay of a nursing person as referred to in paragraph 1 without delay if so requested.
1 Our Minister provides the legal person who manages a private judicial system for a subsidy for the costs of operating the establishment.
2 The grant shall be granted per financial year.
3 Section 4.2.8 of the General Administrative Law Act shall apply.
4 Our Minister may grant advance payments on the grant referred to in paragraph 1.
1 Concerning the provision of the subsidy, Article 73, first paragraph , on behalf of the State, our Minister shall enter into an agreement with the legal person managing the private judicial system.
2 With regard to the subsidy, Article 73, first paragraph , can do so by Title 4.2 of the General Administrative Law by way of derogation from that title, by way of derogation from the provisions of the Agreement referred to in paragraph 1.
In any event, the Agreement shall govern:
a. what information Our Minister provides to the legal person managing the establishment, for the purposes of drawing up the budget of the establishment, and at what point in time for such information to be given;
(b) the time limit for the submission of the application for the granting of the grant of subsidy is respected;
(c) the particulars or documents to be submitted in the application for the grant of the grant of the grant of the subsidy;
(d) how the amount of the subsidy is to be determined;
(e) how the amount of the advances is determined and the dates on which they are paid;
f. to which requirements the budget, the financial report and the activity report must meet;
g. for which acts the legal person who manages the establishment needs the permission of Our Minister;
h. in which cases the legal person managing the establishment provides a fee for equity formation as referred to in Article 4:41 of the General Administrative Law as well as the manner in which that allowance is calculated;
(i) forming an equalisation reserve by the legal person managing the establishment; and
(j) the provision of data by the legal person operating the establishment for the purposes of the policy to be implemented by our Minister in respect of the criminal law application.
1 Our Minister may terminate the contract from the date on which the designation as a judicial private establishment ends.
2 The Agreement may also be restated subject to the time limit set out in the Agreement or, in the absence of such time limit, taking into account a reasonable period of time.
1 In addition to a grant in operating costs, our Minister may grant a grant to the legal person managing a private judicial establishment for:
a. Construction projects;
b. Special projects.
2 Our Minister may grant advance payments on the grants referred to in paragraph 1.
Rules adopted pursuant to Article 37 C of the Code of Criminal Law , as this Article was applicable before the entry into force of this Act, shall be deemed to have been adopted under the applicable provisions of this Act.
Our Minister shall, within three years of the entry into force of this Law, and thereafter every five years thereafter, send to the States General a report on the effectiveness and effects of this law in practice.
This Law shall enter into force on a date to be determined by Royal Decree. A royal decree may provide for a change in time to which Article 12 and 74, part K -To enter into force.
This law may be cited as: Principles law and nursing at the disposal of the law.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 25 June 1997
Beatrix
The Minister of Justice,
W. Sorgdrager
Issued the eighth of July 1997The Minister of Justice,
W. Sorgdrager
