The Law On The Establishment And Implementation Of Mental Health Care (The Mental Health Care Act)

Original Language Title: Lov om etablering og gjennomføring av psykisk helsevern (psykisk helsevernloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/1999-07-02-62

The law on the establishment and implementation of mental health care (the mental health care Act).

Date LAW-1999-07-02-62 Department health and Human Services Department Recently changed law-2016-06-10-21 from 01.07.2016 Published entry into force 01.01.2001 01.01.2002, 01.07.2001, change the Announced short title the mental health protection act-phvl.

Chapter overview: Chapter 1. General provisions (§ § 1-1-1-8) Chapter 2. Special consent provisions (§ § 2-1-2-3) Chapter 3. The establishment and termination of compulsory mental health care (§ § 3-1-3-10) Chapter 4. Implementation of mental health care (§ § 4-1-4-10) Chapter. 4 a. security measures in regional security units and in unity with especially high security level (§ § 4A-1 4A-14) Chapter 5. Judgment on the transfer to compulsory mental health care (§ § 5-1-5-9), Chapter 6. Control and convictions (§ § 6-1-6-5) Chapter 7. Court trial (§ 7-1) Chapter 8. Different provisions (§ § 8-1-8-3) cf. the previous law 28 apr 1961 No. 2. Chapter 1. General provisions § 1-1. Purpose the purpose of the law here is to ensure that the establishment and implementation of mental health policy going on in a proper manner and in accordance with the basic principles of the rule of law. The objective is further to ensure that the measures described in the law, is based on the patient's needs and the respect for human dignity.

§ 1-1 a. scope the provisions of the law here applies to the examination and treatment in the mental health protection, as well as for the prior investigation with a view to the establishment of compulsory mental health care.
If an institution in the mental health protection programme is responsible for a stay that is going on in pursuance of another law, the provisions in Chapter 4 with the exception of § § 4-4, 4-5 the second paragraph, 4-7 a second paragraph, 4-9 and 4-10 for the implementation of your stay.

§ 1-2. Mental health care With mental health care will mean specialist health service's investigation and treatment of people because of mental illness, as well as the care and care this requires.
With forced observation refers to such a survey, nursing and care as mentioned in the first paragraph, with a view to clarify the terms of compulsory mental health care is available without the given consent under the provisions of patient and user rights the law Chapter 4.
With compulsory mental health care is meant to examination, treatment, nursing and care as mentioned in the first paragraph without consent under the provisions of patient and user rights the law Chapter 4.

§ 1-3. Public authority With public authority is understood in the law here the municipality of doctor or his Deputy, the municipal service health and human services, social services, police or correctional.
The King can give the regulations about who should be considered as a public authority, as well as about the exercise of their competence by law here.

section 1-4. The professional responsible for the decisions The academic responsible for hitting the decision as well as decide closer to the measures specified under the law here, should be a doctor with relevant specialist or clinical psychologist with relevant practice and continuing education as set out in the regulations.
The King can give the regulations about who is the professional responsible for the first paragraph and whether the delegation of its authority. The King can make exceptions in the regulations from the first paragraph.

section 1-5. The relationship to the patient and user rights the law by the creation and implementation of mental health policy applies to patient and user rights.

section 1-6. The relationship to the Management For the management of the law cases by the law here applies to administrative law. Administrative law section 12 applies only where this is expressly mentioned.

section 1-7. Right to an attorney or other agent for a complaint to the Commission or the County control over decisions by the law here, the patient has the right to let them assist of the Attorney or other agent. About proxy and power of Attorney apply administrative law section 12 other and fourth paragraph accordingly.
All enquiries in a complaint case can be done by proxy, and all notices and communications from the management body shall be made to the patient's proxy so far the relationship is covered by the authorization. When it is appropriate, the patient may also be addressed under the directly. The patient may require to be informed in addition to or in place of the clerk.
By cases of compulsory observation, the creation, perpetuation or termination of compulsory mental health care, cases of transfers, as mentioned in section § 2-1 the second paragraph and 2-2 fourth paragraph, have the patient right to a lawyer after the law of 13. June 1980 no. 35 on free legal aid.

§ 1-8. The use of electronic communications Regulations in or pursuant of law here that requires or requires written form or signature, does not preclude the use of electronic communications. This also applies to messages, alert and similar to the patient or his next of kin, unless the person concerned expressly accepts the use of electronic communications.

Chapter 2. Special consent provisions section 2-1. The main rule for consent mental health services provided on the basis of consent under the provisions of patient and user rights the law, unless otherwise provided by the law here.
By examination or treatment with stay in institutional care for children who have completed 12 years and not even agree in the measure, to the question of the establishment of the mental health services be brought in for the Control Commission.

section 2-2. Consent to be subject to the rules on compulsory mental health care in section 3-5 Person seeking mental health care can, after the academic administrator has filed for it, agreeing to be subject to the rules under section 3-5 for up to three weeks from the creation of privacy. Consent does not imply consent to the application of § 4-4 or § 4-5 the second paragraph.
For children under 16 years of age is required such consent under the provisions of patient and user rights the law § 4-4.
The reason for the petition for such a consent and the consent will be recorded in a document that must be signed by the patient and the professional managers. It applies to people who, because of physical or mental disorders, senile dementia or mental retardation obviously is not able to understand what consent include, sign the professional managers, and the like, if any, acting on the patient's behalf, with the limitations imposed by the patient and user rights the law § 4-3. It applies to children under 16 years, sign the professional managers, and the or those who agree on behalf of your child.
The professional decision to require their consent, can be brought in for the Control Commission of the patient, the next of kin or the acting on the patient's behalf. The decision applies to children who have completed 12 years of age, and the child itself do not agree to the measure, should the decision be brought in for the Control Commission.

§ 2-3. (Repealed by law 30 June 2006 no. 45 (ikr. 1 jan 2007 68. res. 15 Dec 2006 no. 1422) (see section 3-4).)

Chapter 3. The establishment and termination of compulsory mental health care section 3-1. Medical examination Compulsory mental health care may not be established without a physician personally examined the person concerned to ascertain whether the terms of such a policy are met. The doctor who makes the survey, should provide written statement.
Is the need for medical examination as mentioned in the first paragraph, but that person so unndrar survey, the municipality of doctor after its own initiative or by petition from another public authority or from the person's next of kin, adopting it to be such a medical examination. If necessary they can be examined with avhentes and coercion.
The municipality of doctor's decision on the compulsory examination shall immediately be recorded once in writing. The decision can be appealed to the County without suspensive effect.
The King provides regulations on delegation of the municipality doctor's authority.

section 3-2. Decision on compulsory observation on the basis of information from the physician survey pursuant to section 3-1, making the academic responsible a review of about the following terms for compulsory observation is true: 1. Voluntary mental health care has been tried, without this has brought forward, or it is obvious aimlessly to attempt this.

2. The patient is examined by two doctors, of which one shall be independent of the responsible institution, cf. § 3-1.

3. It is highly likely that the patient fills the criteria for compulsory mental health care under section 3-3.

4. The institution is academically and materially able to offer satisfactory patient treatment and care and is approved according to section 3-5.

5. The patient is given the opportunity to make a statement, jf. § 3-9.

6. Even if the conditions are met, otherwise can only be forced observation where this after an overall assessment which are by far the best solution for the person concerned, unless he or she makes up a nearby and serious danger for someone else's life or health. By the assessment should be a particular emphasis on how much load the forcible will result in the person concerned the procedure for.

The academic responsible hit on the basis of the present resolution information and their own personal examination of the patient. The academic foundation for their decisions and it should immediately be recorded once.
Forced observation may not last beyond 10 days from beginning research without the patient's consent. If the patient's condition dictates that it is strictly necessary, the deadline be extended until 10 days after the consent of the Control Commission's leader. Transfer to compulsory mental health care may take place before or by the end of this deadline, if the terms of such a policy are present.
The patient, as well as his or her next of kin and if applicable, the authority that have spawned petition pursuant to section 3-6, can appeal the decision after the second paragraph to the Control Commission.


section 3-3. Decision on compulsory mental health care on the basis of information from the physician survey pursuant to section 3-1, and any compulsory observation under section 3-2, making the academic responsible a review of about the following terms for compulsory mental health care are met: 1. Voluntary mental health care has been tried, without this has brought forward, or it is obvious aimlessly to attempt this.

2. The patient is examined by two doctors, of which one shall be independent of the responsible institution, cf. § 3-1.

3. The patient has a severe mental disorder and the establishment of compulsory mental health care is necessary to prevent the person in question because of mental illness either a. get their views to cure or significant improvement in significantly reduced, or there is a high probability that the person in the very near future will get its condition significantly deteriorated, or b. make up a nearby and serious danger for your own or someone else's life or health.

4. The institution is academically and materially able to offer satisfactory patient treatment and care and is approved according to section 3-5.

5. The patient is given the opportunity to make a statement, jf. § 3-9.

6. Even if the conditions are met, otherwise compulsory mental health care may only take place where this after an overall assessment which are by far the best solution for the person concerned, unless he or she makes up a nearby and serious danger for someone else's life or health. By the assessment should be a particular emphasis on how much load the forcible will result in the person concerned the procedure for.

The academic responsible hit on the basis of the present resolution information and their own personal examination of the patient. The academic foundation for their decisions and it should immediately be recorded once.
The patient, as well as his or her next of kin and if applicable, the authority that have spawned petition pursuant to section 3-6, can appeal the decision under this section to control the Commission. The patient can appeal against the decision on the establishment of compulsory mental health care for up to 3 months after the guard is ceased.

section 3-4. Ban on transfer from voluntary to compulsory mental health care under the mental health care of your consent, cannot be transferred to enforce observation or compulsory mental health care while the voluntary conservation is in progress.
The ban in the first paragraph does not apply where the discharge means that the patient make up a nearby and serious danger for your own or someone else's life or health. In connection with the control under section 3-8 the first paragraph is going to control the Commission by written statement be made special note that it's hit a decision about the transfer.

§ 3-5. What forced observation and compulsory mental health care may include Forced observation or compulsory mental health care may be given by 24 stay in the institution which is approved for these purposes. The patient can be held against their will and be retrieved by unnvikelse, if necessary by force.
If it is necessary in the interests of proper health care, compulsory mental health care is provided by temporary 24 stay in the institution that has not been approved after the first paragraph. The approved institution shall in such cases be responsible for the forced services.
Forced observation or compulsory mental health care may also be without 24 stay in the institution where this is a better option for the patient. By the assessment should also be taken due regard to relatives that the patient lives together with Compulsory observation and compulsory mental health care may then include only those orders to the patient attendance to the investigation (forced observation) or treatment (compulsory mental health care). The patient can avhentes if necessary. If necessary can be implemented with avhentingen forcing.
Compulsory mental health care without 24 stay can only take place under the responsibility of an institution which is approved for the treatment in question form.
The King in Council provides regulations on compulsory observation and compulsory mental health care with and without 24 stay in the institution.

§ 3-6. Warning and relief duty for the public authority public authority shall be by notification of service health and human services and by the necessary assistance as described in the law here, help the people who need to is believed to fill the terms of compulsory mental health care, and that does not even seek treatment, will be examined by a doctor. If necessary it shall be promoted petition for compulsory examination, compulsory observation or compulsory mental health care.
Public authority to provide the necessary assistance in order to get that person to compulsory examination or forced observation or bring the person under compulsory mental health care. Public authority should also provide necessary assistance in connection with the collection or retrieval system under the provisions of the law here. The public authority may, if necessary, apply the constraint.
The King can give the regulation on the content of the public authorities ' duties after the first and second paragraph.

§ 3-7. The decision about the termination of compulsory observation or compulsory mental health care no one can remain under forced observation or compulsory mental health care under section 3-5 without the terms in section 3-2 the first paragraph or section 3-3 the first paragraph is still met.
The academic responsible considering whether forced observation or compulsory mental health care should be maintained, and hit the decision on the termination of the protection if he or she finds that the terms and conditions as mentioned in the first paragraph is no longer present.
The patient, as well as its closest relatives, can at any time request that forced observation or compulsory mental health care ceases. The professional managers hit the decision in the case.
The patient or his or her next of kin or, where appropriate, the authority that has petitioned the forced observation or compulsory mental health care, can appeal against the professional decision after their second and third paragraph to the Control Commission. The patient can appeal against the decision on the maintenance of compulsory observation or compulsory mental health care for up to 3 months after the guard is ceased. If the complaint be filed, can control the Commission's leader decide implementation of decisions that postponed mentioned in the second paragraph, until the complaint is settled.

section 3-8. Convictions, without complaint, as well as termination and extension of compulsory mental health care when someone is subjected to forced observation or compulsory mental health care, should notification be sent Control Commission together with the copy of the supporting documents. Control the Commission shall as soon as possible ensure that the correct procedure is followed and that the decision is based on a review of the terms of § § 3-2 or 3-3.
If there is no complaint relates the creation of force over mental health care, should still control the Commission, when it has been three months after the decision, on its own initiative evaluate whether there is a need for legal protection and make sure that there is an individual plan for the patient, cf. § 4-1.
Compulsory mental health care expires after one year if not control the Commission agree that the protection be extended. The Commission can agree to the extension of the protection with up to one year at a time, starting with the anniversary of the creation.

§ 3-9. The right to make a statement before a decision would be made after this chapter, to the person the case directly applies, given the opportunity to make a statement. The right to make a statement include the question of the establishment of compulsory observation and compulsory mental health care, as well as the institution that should be responsible for the forced services. Also the person's next of kin and the public authority which is directly involved in the case, have the right to make a statement.
The information after the first paragraph should be recorded once and the basis for the decision. It should be a particular emphasis on statements about previous experience with the use of coercion.

section 3-10. Regulations on compulsory mental health care the King can give closer regulations about how the establishment of compulsory observation and compulsory mental health care.
The King in Council can also provide regulations for approval of institutions that can apply or be responsible for compulsory observation and compulsory mental health care under section 3-5 and on the closer the terms for such approval.

Chapter 4. Implementation of the mental health services section 4-1. Individual plan the institution to develop an individual plan for patients with needs for long-lasting and coordinated offer. The institution should work with other service providers about the plan to contribute to a comprehensive offer for the patients.
If a person has a need for both the law offers for here and after health and Human Services Service Act, the municipality shall ensure that the work of the plan be initiated and coordinated. The institution shall as soon as possible notify the municipality when it sees that there is a need for an individual plan which also includes municipal health and care services, and in such cases, the participation in the Council's work with the individual plan.
The Ministry may by regulation provide further provisions about which patient groups the duty includes, and whether the plan's content.

§ 4-2. Protection of personal integrity Restrictions and forced to be curtailed to the strictly necessary, and it should as far as possible be taken into account the patient's view of such measures. It can only be used measures that gives such a beneficial effect that it clearly outweighs the disadvantages of the measure.
By mental health care in the institution should stay as far it is compatible with the purpose and the individual's condition be carried out so that the patient's ability to decide over themselves are taken care of.
With the limitations mentioned, should be facilitated conditions for that patients receive: a. participate in the design of the institution's daily life and other conditions that affect the individual patient, b. the opportunity to grow their private interests and hobbies, c. access to activities within the framework of the House code of conduct, d. the opportunity of daily uteaktiviteter.


It should also be taken into account each individual's spirituality and cultural background.
The King can give closer regulations about House order rules for institutions for mental health care.

section 4-3. Shielding If a patient's mental condition or unruly behavior during your stay do shielding necessary, the professional managers decide that the patient of the treatment reasons or for the sake of other patients to be held completely or partially separate from the personnel's and from not participating in the investigation and treatment of and care for the patient.
It will hit the decision if the shielding is maintained out over 24 hours. If the patient is transferred to the shielded device or similar which involves a substantial modification of his or her surroundings or freedom of movement, it should meet the decision if the shielding is maintained out over 12 hours. Decision on the shielding to be recorded without undue delay. The decision can only get together for up to two weeks at a time.
Decision on shielding and for an extension of the shielding can be appealed to the Control Commission of the patient and his or her next of kin.
The King can give further regulations on the terms of shielding and the implementation of it.

§ 4-4. Treatment without consent under own Patient compulsory mental health care may without their own consent to undergis examination and treatment that clearly is in accordance with the academic acknowledged psychiatric method and acceptable clinical practice.
Without that the patient has consented, it may not be carried out examination and treatment that involves a serious intervention, yet with the following exceptions: a. the patient can be treated with drugs without their own consent. So drug treatment can only be implemented with preparations that are registered here in the country and with commonly used doses. Drug treatment can only be implemented with drugs that have a beneficial effect that clearly outweighs the disadvantages of any side effects.

b. as part of the treatment of patient with severe eating disorder, it can be given nutrition without own consent as long as this appears to be a strictly necessary treatment option.

Examination and treatment without their own consent can only happen when it is tried to achieve consent to the survey or the treatment, or it is obvious that the consent can not or will be given. If it is not obviously impossible, it should also be considered if it can be offered other non-governmental initiatives as alternative to examination and treatment without their own consent.
Treatment services as it is not agreed, first used after the patient has been sufficiently examined to provide a basis for an assessment of the condition and the need for treatment. Such treatment interventions can only be initiated and implemented when they with great probability can lead to healing or significant improvement of the patient's condition, or that the patient avoids a significant worsening of the disease.
The academic responsible decision on the hit exploration and treatment without own consent.
Decision on examination and treatment without their own consent to be recorded without delay.
Decision after the paragraph may be appealed here to the County Governor of the patient and his or her next of kin.
The King in Council provides regulations on examination and treatment without their own consent.

§ 4-5. Connection with the outside world the 24 stay in an institution for mental health services, have the right to receive visits and make use of the phone, as well as send and receive letters and packages.
For the which is under compulsory mental health care in the form of 24 stay in the institution, the academic responsible adopt restrictions in court as mentioned in the first paragraph for up to 14 days, to the extent that strong management or strong velferdsmessige regard or respect to the strong close person makes this necessary. Is it adopted such restrictions, should the institution ensure that the patient gets the necessary information about their relatives and conditions outside the institution is of importance to the patient.
Beyond what follows from the reasonable limits in house order rules, it cannot be adopted restrictions on the right to communicate with the Control Commission, the Ministry, the State Health Inspectorate, the County Governor, the Storting's Ombudsman for the management, patient and user representatives, priest or corresponding counseling, legal counsel or the acting on the patient's behalf in a complaint case.
By justified suspicion that drugs, pharmaceuticals, hazardous substances, escape AIDS or dangerous objects will be tried, introduced to a patient, the professional responsible adopt the patient's record should be opened and checked for the purpose of this. If possible this should happen in the patient's presence.
Decision on intervention that is mentioned in the second and fourth paragraphs, shall be recorded without undue delay. The patient or his or her next of kin can appeal the decision to the Control Commission.
The King in Council regulations on the access to give to make such intervention that is referred to in the paragraph here.

section 4-6. Survey of the public and assets as well as the kroppsvisitasjon By that drugs, pharmaceuticals, hazardous substances, escape AIDS or dangerous objects will be tried introduced or is introduced in an institution in mental health care, the professional managers adopt the patient's room or assets should be examined and that it should be made kroppsvisitasjon of the patient. The decision shall be recorded without delay. The patient and the patient's next of kin can appeal the decision to the Control Commission.
The individual institution or unit for 24 hours a 24 stay can introduce routine check of patients at admission and after stay outside of the institution or the unit to prevent the introduction of drugs, pharmaceuticals, hazardous substances, escape AIDS or dangerous objects. The control may include examination of the patient's assets and kroppsvisitasjon without undressing of the patient. Routine control can only be introduced when it is necessary to protect the security or the consideration of health help. Less intrusive measures should be considered. The institution shall document that the terms for introducing routine control are met.
Control after the first and the second paragraph to be carried out as gently as possible. The intensity of the control must be in a reasonable relation to the one can achieve. Kroppsvisitasjon shall be made by a person of the same sex as the patient. Examination of the body cavity is not allowed.
If it is possible, to examination of the patient's room and belongings happen in the patient's presence or in the presence of the next of kin or another person that the patient has designated.
The King in Council may provide closer regulation on the survey of the room, assets and kroppsvisitasjon.

section 4-7. Seizures The professional managers can adopt that drugs, pharmaceuticals, hazardous substances, escape AIDS and dangerous objects that are found by intervention as mentioned in § § 4-5 fourth paragraph and 4-6, will be seized. The professional managers can also adopt that drugs, pharmaceuticals, hazardous substances or dangerous objects that the person does not rightfully can possess, shall be destroyed.
The decision shall be recorded without delay. The patient or his or her next of kin can appeal the decision to the Control Commission. Decision on tilintetgjøring can not be carried out before the complaint is settled.
The King in Council gives further regulations on the access to use the measures as mentioned in the paragraph here.

section 4-7 a. urine sample by the suspicion that a patient is abusing drugs, the patient may by petition from the academic responsible give consent to that it can be taken urine samples to detect substance abuse in connection with a processing sequence. So the petition can be filed only if this is strictly necessary for the sake of health help. The rationale for the petition for such a consent and the consent will be recorded in a document that must be signed by the patient and the professional managers.
Suspected that a patient under observation forced or compulsory mental health care are abusing drugs, the professional responsible decision that the hit can be taken urine tests to detect substance abuse in connection with a processing sequence. Such a decision can only be hit unless this is strictly necessary for the sake of health help. Decision may be appealed by the patient or the patient's next of kin to control the Commission.
The King can give further regulations on the implementation of the urine sampling, including implementation of the mental health protection of such resolution hit with legal authority of any other Act.

§ 4-8. The use of coercive institution for 24 coercive just stay to be used facing the patient when this is impetuous needed to prevent him from hurting himself or others, or to prevent significant damage to buildings, clothing, inventory or other things. Remedies should be used only when the lenient means have been shown to be clearly in vain or insufficient.
That forced the can be applied: a. mechanical coercive that prevents the patient's freedom of movement, including belts and straps as well as injury prevention special clothes.

b. short term placement behind the locked or closed doors without staff present.

c. individual use of short-acting drugs in soothing or anesthetic purposes.

d. short term fastholding.

For patients under 16 years, it is not permitted to use the remedies referred to in letters a and b in the preceding paragraph.
Patient who forced to have underkastes the continuous supervision of the nursing staff. By clamping in the bed or Chair to nursing personnel reside in the same room as the patient if the patient does not oppose this.

Compulsory means may only be used after the decision of the professional responsible, if not otherwise set out in the regulations. The decision shall be recorded without delay. Decision may be appealed to the Control Commission of the patient or his or her next of kin.
The King in Council gives further regulations on the use of coercive means.

section 4-9. Control surveys when the patient is under compulsory mental health care, the professional responsible to make sure it at least once every three months by the survey considered the terms of protection pursuant to section 3-3 is still present. The opinions will be recorded in the journal.
The King can give the regulations on such control surveys.

section 4-10. Transfer without consent The professional managers can meet the decision about the transfer of a patient under compulsory mental health care to stay in, or other measures under the responsibility of the institution referred to in section 3-5. It still does not meet the decision by transfer between different forms of 24 stay within the same institution.
The transfer decision may be appealed to the Control Commission within a week of the patient or his or her next of kin. Control Commission samples about the decision out of consideration for the patient, the placement options and conditions otherwise appear to be unreasonable.
Decision on transfer is set not in the works before the appeal deadline is out or the complaint is settled, with less immediate transmission is strictly necessary or it is clear that the decision will not be appealed.

Kap. 4 a. security measures in regional security units and in unity with especially high security level in the General provisions section. 4A-1. Purpose the purpose of the provisions of the chapter is to provide for adequate security for the patients, and in the regional's personnel security departments, including in the device with particular high level of security. The provisions shall also attend to social welfare.

section 4A-2. The scope of the provisions in the chapter is applicable in regional security units, including in the device with particular high level of security. The provisions of § § 4A-8 to the 4A-14 apply only in unity with very high level of security.
With the regional security department means the Department that at the regional level processes and is studying patients with severe mental disorder or suspected this, and where there is a current risk of serious violent behavior.
With the device with particular high security level means the device within the regional security department that can accommodate patients where because of the particular risk of escape, hostage-taking, serious violent behavior or attacks against the patient, or personnel's, is necessary with particular elevated security.
The Ministry determines whether a device with especially high security level to be established by a regional security department.

section 4A-3. The relationship to the provisions in Chapter 4 the provisions of Chapter 4 apply as far as the fit, with the exception of section 4-6. In unity with particular high level of security comes to § 4-3 only so far as is necessary with the shielding within the device.
The provision about seizures in section 4-7 also applies to objects that are detected by measures as mentioned in § § 4A-4 4A-5, 4A-10 and 4A-12 in chapter here.
Regional security departments to be considered as a separate institution by § § 4-10 and 5-4. The decision about the transfer to regional security department can be set in the works without the hurdle of that decision is appealed to the Control Commission.

II. Security measures in regional security departments section 4A-4. Survey of the patient's person, rooms can be made and assets The routine control of the patient's person, the room and possessions by hospitalization and before and after stay outside the Department, to prevent the introduction of dangerous objects, drugs, pharmaceuticals, hazardous substances or escape AIDS, including cell phone and other means of communication. The survey can take place by the use of technical equipment or dog, or at kroppsvisitasjon.
The professional managers can in addition adopt survey as mentioned in the first paragraph when there is reason to suspect that such objects or substances, is available in or will be tried introduced in the Department.
If there is a justified and strongly suspect that a patient in the body hides such objects or substances as mentioned in the first paragraph, the professional responsible adopt it to be bodily or other survey measures to bring the thing or ingredient. The measure can only be performed by a health care professional.
Decision after another and third paragraph to be recorded without delay and be justified. The patient or his or her next of kin can appeal the decision to the Control Commission.
The Ministry may provide regulations on the implementation of the measures referred to in paragraph here.

section 4A-5. Survey of people and assets to be put into Any and out of regional security department may be ordered control, including the passage of the metal detector and visitation.
It is not allowed to take on items, including mobile phone, or other means of communication, in and out of regional security department without the permission of controlling personnel.
Examination of the artifacts corresponding public Government delegate, the diplomatic or consular representative, a lawyer and the acting on the patient's behalf in the appeal case, must not allow confidential content in letters or documents be disclosed or destroyed.
Denial of control measures, evasion or attempted evasion of control measures, can result in rejection.

section 4A-6. Connection with the outside world the 24 stay in regional security Department has the right to receive visits, use the phone, as well as send and receive letters and packages.
The professional managers can adopt restrictions in the patient's connection with the outside world for up to four weeks if there is a risk of escape, serious acts of the exercise, the introduction of drugs, pharmaceuticals, hazardous substances, escape AIDS or dangerous objects or the risk of attacks against the patient.
The cutbacks must be in reasonable proportion to what is necessary to ensure the safety.
Restrictions can go out on that: a) the visit must take place with personnel present or with glass wall that separates the patient and visitors, b) phone calls must be pre-approved, being tapped and is canceled, c) the use of electronic means of communication must be pre-approved, can be monitored and is canceled, d) record is opened, inspected and fully or partially can be revoked, e) approved the interpreter translates the communication, if it is in a language other than the staff contains.

It can be determined in the House rules of order limitations with respect to the times and duration at which communication can take place.
It may not be adopted right to interferences in communicating with the public Government delegate, the diplomatic or consular representative, the patient's lawyer, the acting on behalf of the patient in the appeal case or priest or similar counseling.
Decision on the measures referred to in the second paragraph shall be recorded without delay and be justified. The patient or his or her next of kin can appeal the decision to the Control Commission.
The Ministry may provide regulations on the implementation of the measures referred to in paragraph here.

section 4A-6 a. Night locking the patient rooms After permission from the Ministry can device with especially high security level and regional security units be given access to lock the door to the patient room in time. 23:00 to 23:00. 00 after an individual assessment of the patient's condition.
Permission under subsection should be time-limited.
Measures after the first paragraph can only be used if it is necessary to prevent impetuous patient in hurting others, or to prevent significant damage to buildings, fixtures or other things. The measure can only be applied to patients under compulsory mental health care and only when the lenient means have been shown to be clearly in vain or insufficient.
For patients under 16 years, it is not permitted to use the night locking.
Measures after the first paragraph can only be used after the decision of the professional responsible, if not otherwise set out in the regulations. The decision shall be recorded without delay. Decision may be appealed to the Control Commission of the patient or his or her next of kin.
Patient who measures under subsection underkastes, to have proper supervision of nursing staff.
The Ministry may give further regulations on night locking the patient rooms.

section 4A-7. Demands for police certificate security to Regional Department require submission of ordinary police certificate as mentioned in the police register law § 40 of the person who performs or will perform the work at the Department.
People who perform or to perform the work at the unit with a particular high level of security, shall, in addition, provide extended police certificate in accordance with the police law 41 registry section.
The police certificate should not be older than three months.
Renewed affirmation control can be undertaken in accordance with the police law 43 registry section.
Person with a note at the police certificate could not be added by, transferred to or work at the regional security units or unit with especially high security level, if the note could create doubt about the person in question is suitable for the work.
The Ministry may provide supplementary regulations to the provision.

III. Special security measures in the device with particular high security level section 4A-8. The decision about the transfer to the unit for the high level of security in particular in the special case where there is a particular risk of escape, hostage-taking, serious violent behavior or attacks against the patient, or personnel's, can the professional managers adopt the patient to be transferred to the device with especially high security level. In the review to the emphasis is placed on both the probability of an undesirable event and the consequences of such an event, as well as for a transfer commensurate to what is necessary to ensure the safety.

Professional responsible to collect the police assessment of security before a decision about the transfer meet and before the patient is reversed from the unit for especially high security level to a lower level of security.
The decision about the transfer to be recorded without delay and be justified and can only get together for up to 6 months at a time.
The patient or his or her next of kin can appeal the decision to the Control Commission. The appeal court also applies to the decision on the extension.
Decision on transfer can be set in the works without the hurdle of that decision is appealed to the Control Commission.
The Ministry may give further regulations on the terms and conditions for transfer to the device with a particular high level of security and the implementation of security measures pursuant to section § 4A-10 to the 4A-13.

section 4A-9. Companionship with other patients patients in the unit with a particular high level of security to be kept separated from patients in units with lower security level.
If the stay means that the patient is kept completely or partly separated from's and from personnel who do not participate in the examination or treatment of and care for the patient, this shall be compensated with the contact with the personnel and other activities.
Separation as mentioned in the second paragraph must be in reasonable proportion to what is necessary to ensure the safety.

section 4A-10. Survey of the patient's person, the room and the assets in the unit with a particular high level of security to the examination of the patient's person and belongings as the patient brings with it, always be made by wire transfer, as well as before and after the outputs.
When there is reason to suspect that the dangerous objects, drugs, pharmaceuticals, hazardous substances or escape AIDS, including mobile phone, or other means of communication, is available in or will be tried in the institution, it should be made the necessary investigations of the patient's person, room and belongings.

section 4A-11. The police disclosure of information about people who want access to the device with a particular high level of security People who will perform the work at the unit with a particular high level of security is subject to affirmation control under section 4A-7.
Regional Security Department to obtain the opinion of the police of other people who want access to the device with a particular high level of security, with the exception of diplomats and consular representatives and the public authority which in law are attributed to a particular responsibility to supervise and control of compulsory mental health care.
At the request of regional security Department, should the police provide information about the person is charged with, on trial or imposed penalties for offences with a penalty of imprisonment for more than one year, unless this can damage the work of crime fighting.
The police can provide similar information about criminal matters that have been dispensed by another State police or justice authority.
The people who for the police information is charged with, on trial or imposed penalties for offences with a penalty of imprisonment for more than one year, to be denied access, unless the note comes to relationships which obviously has no relevance for the assessment.
The Ministry may provide supplementary regulations to the provision.

section 4A-12. Survey of people and assets to be put into Any and out of the device with a particular high level of security should be controlled by the passage of the metal detector and visiteres when needed.
It is not allowed to take on items, including mobile phone, or other means of communication, in and out of the device without the permission of controlling personnel.
Examination of the artifacts corresponding public Government delegate, the diplomatic or consular representative, a lawyer and the acting on behalf of the patient in the appeal case, must not allow confidential content in letters or documents be disclosed or destroyed.
Denial of control measures, evasion or attempted evasion of control measures, should lead to rejection.

section 4A-13. Connection with the outside world stay in the unit for the high security level in particular, implies the following restrictions in the patient's connection with the outside world: a) the visit should always take place with personnel present or with glass wall that separates the patient and visitor b) phone calls to pre-approved and phones are bugged and can be canceled using c) electronic means of communication to be pre-approved, will be monitored and can be interrupted to open d) record and controlled and can be revoked in whole or part e) approved interpreter translator communication , if this is in a language other than the staff contains.

Restrictions as mentioned in the first paragraph does not apply to the right to communicate with public Government delegate, the diplomatic or consular representative, the patient's lawyer, the acting on behalf of the patient in the appeal case and priest or similar counseling.
Decision on wiretaps and decisions regarding the closing of the record to be recorded without delay and be justified. The patient or his or her next of kin can appeal the decision to the Control Commission.

section 4A-14. Deviation or easing of security measures Academic administrator can in exceptional cases decide easing of measures that is regulated in § § 4A-10 to the 4A-13. Beyond this are the provisions in Chapter 4 A about security measures in the device with particular high level of security necessary.

Chapter 5. Judgment on the transfer to compulsory mental health care § 5-1. The relationship to the other provisions of the act here at the verdict on the transfer to compulsory mental health care after the Penal Code section 62 applies the provisions of the law here as far as the fit, with the exception of § § 3-1 to 3-4 and § § 3-7 to 3-9.
Penal Code section 65 provides rules on the termination of the reaction.

section 5-2. Decision on management responsibility the regional health entity in the domfeltes region of residence determines the institution which shall have the responsibility for processing the convicts. The King may by regulations to transfer competence for this provision to another authority.
The regional health entity has responsibility for that it forced mental health protection be put in the works immediately after the judgement is enforceable.

section 5-2a. National coordination unit the national coordination unit for the dom to compulsory mental health care shall: a) draw up and update guidelines to ensure the necessary interaction and follow-up between the health and human services and the justice sector, service b) guide the health authorities at the choice of the treatment site and c) record as described in section 5-2b.

section 5-2b. National administrative overview of defendants and convicts to compulsory mental health care it should be established a national overview of defendants and convicts to compulsory mental health care. The information can be recorded and otherwise processed without the consent of the registered. The purpose of the list is to: a) provide health and Human Services service the necessary information to be able to plan service provision to the convicts, b) provide the necessary information about the defendants and convicts, so that health and Human Services service and justice sector can safeguard their statutory duties, including the responsibility for social welfare and c) provide necessary information about the coordination unit defendants and convicts in order to better ensure the necessary interaction between the health and Human Services service and the justice sector.

It should only be registered information necessary and relevant to fulfill the purpose.
The Ministry may give further regulations about the national list, including on the creation, management responsibility and what information should be recorded.

section 5-3. Implementation The transferred to compulsory mental health care, to the first three weeks have 24 stay in an institution. The academic responsible during this period should consult with the sought psychiatric expert witnesses who have observed the convicts.
The professional managers decide then how it forced mental health protection to be carried out at any time. By the decision to the emphasis on the consideration of the treatment of the convicts, and especially on the need to protect society against the danger of new serious offence.

§ 5-4. Complaint to the Control Commission after the three week 24 stay in the institution under section 5-3 is implemented, all decisions about transfer to stay in or to the other measures under the responsibility of the institution referred to in section 3-5, be appealed to the Control Commission. Control Commission samples about the decision out of consideration for the convicts, placement options and conditions otherwise appear to be unreasonable. Measures notified to the klageberettigede, which is the convicts themselves, his or her next of kin as well as prosecutors.
The decision about the transfer from 24 stay in an institution for mental health care without 24 stay or to 24 stay in another institution, not in the works before the appeal deadline is out or it is clear that the decision will not be appealed. The decision is not enforced before the complaint is settled, unless the State domfeltes makes it necessary that the impetuous transfer happens quickly.

section 5-5. Petition for change in the implementation of the klageberettigede under section 5-4 may lust after such changes in the implementation that is mentioned there. The former given the refusal of such a petition for appeal to the Control Commission, none of the klageberettigede put forward a new complaint on the basis of the same factual circumstances before six months after the previous decision was final.

section 5-6. Transfer to the institution under the correctional After petition from the professional responsible, jf. section 5-3, the Court may decide that the person sentenced to be transferred from compulsory mental health care to the institution during the probation, when special reasons for it can only happen. transfer when the domfeltes State of mind no longer is as described in the Criminal Code section 20 first paragraph, LITRA b and d. Condition about the gjentakelsesfare of the Penal Code § 62 other and third paragraph, must still be met.

Prosecutors promotes the case for District Court, which determines it by judgment. The treatment of the case to påskyndes.
The Court finds that the condition about the gjentakelsesfare of the Penal Code § 62 other and third paragraph are not met, the reaction will stop. Penal Code section 65.

section 5-6a. Information to prosecutors and the Court without the obstacle of statutory confidentiality to the academic responsible give prosecutors and the Court the information necessary to assess whether compulsory mental health care should be maintained, cf.. Penal Code section 65, and whether the restraining order should be laid down, cf. Code of criminal procedure § 222a.
The person sentenced shall be informed, in advance, if possible, on what information is given after the first paragraph.

section 5-6b. Information to the national coordination unit The academic responsible and prosecutors to conclude confidentiality provide information coordination unit to be registered according to the mental helsevernloven1 section 5-2b.
The accused or the person sentenced shall be informed, in advance, if possible, on what information is given after the first paragraph.

section 5-6 c. notice to the victim and survivor If it is of importance to the victim in the criminal case or their survivors, to the professional managers give the victim or survivor information about decision as mentioned in § § 5-2 and 5-4. The notification obligation also includes information about the transfer between different security levels within the same institution. If it is of particular importance for the victim or the bereaved, to the professional managers also notify about the time of single leaves of absence.
If it is of importance to the victim in the criminal case or its survivors to get knowledge of the unndrar implementation of the convicts themselves judgment on transfer to compulsory mental health care, the professional responsible as soon as possible notify the victim or his/her survivors if unndragelsen.
If it is of importance to the victim in the criminal case or its survivors to get knowledge of the time of the termination of the sentence of compulsory mental health care, to the professional managers notify the victim or his/her survivors in advance.
Statutory confidentiality does not preclude that the academic responsible provides information after the first to the third paragraph of the plaintiff or its survivors. Statutory confidentiality is also not preclude that the professional managers and prosecutors are exchanging the necessary information of importance for notification after the first to the third paragraph.
The provisions in the first to third paragraph apply only as far as the victim or his/her survivors would like to alert, and so far the consideration of domfeltes security is adequately taken care of.
Convicts, the plaintiff and its survivors can appeal against the decision on the notification after the first and third paragraph to the County.
The Ministry may give further regulations on alert duty for first to fourth paragraph.

section 5-7. The cessation of the reaction and parole where convicts are transferred to the institution under probation is the convicts transferred to the institution under the correctional pursuant to § 5-6, shall apply the rules of the Penal Code § 65 of the cessation of the reaction so far they fit. Instead of the cessation court may in such cases decide parole according to the rules of the Penal Code §§ 44 and 45.

section 5-8. Return to compulsory mental health care from the institution under probation If the domfeltes State of mind after transfer to correctional again as described in the Criminal Code section 20 first paragraph, LITRA b and d, the convicts be attributed to compulsory mental health care.
By disagreement about the criteria for rollback are met, brought the case in social-and helsedirektoratet1 for the decision.

section 5-9. Regulations the King can give the regulations on the implementation of the dom on the transfer to compulsory mental health care after this chapter.

Chapter 6. Control and convictions, section 6-1. Control Commission Where some are under mental health care after the law here, there should be a control Commission that after further rules given by the Ministry hit the decisions that especially is attributed to it.
To the extent possible, to control the Commission also lead the control it finds necessary for the patients ' welfare. It can take up cases by own initiative or by request from the patient, the patient's nearest relative or staff. Find the relationship it will point out, it should take the matter up with the professional responsible and, where appropriate, the regional Commissioner.
Control Commission appointed by the Ministry, which also determines the area to be attributed to each Commission.
The Ministry has the overall responsibility for that in each area is a working Commission.

§ 6-2. Control the Commission's composition Control Commission will be headed by a lawyer who is qualified to serve as a judge, and otherwise consist of a doctor and two other members, all with individual deputies. Of the latter two permanent members should be appointed a person who himself has been under mental health care or are or have been related to the patient or who has represented the patient interests in position or tasks.
The members shall be appointed for 4 years at a time. At the first appointment after the entry into force of the law be appointed two of the members for 2 years. No one can gjenoppnevnes more than once in the same control Commission.
No one can be a member of a control Commission to supervise the measures and institutions for mental health care that he or she has any responsibility for in its common position.

section 6-3. Control Commission's independence Control Commission is independent in its operations.
The manager shall ensure that the Commission does not follow the practices that undermine the Commission's independence.

section 6-4. Special processing rules control the Commission decides case regarding forced observation, the creation, perpetuation or termination of compulsory mental health care, as well as the case of transfer, should the patient or the acting on his or her behalf, be given access to make a statement.
The Control Commission shall ensure that the matter is best illuminated. Everyone has the duty to meet for the Commission as a witness or expert by the rules in dispute the law chapter 24 and 25.
The Control Commission may petition the district court evidence by recording, if a witness does not have to meet the obligation for the Commission or if the attendance of the Commission would be associated with disproportionate costs or inconvenience, or if such an evidence recording for other reasons must be considered particularly convenient.
Lawyers have the right to be familiar with all the details of the case and to be present during the party and witnesses. To the extent that control the Commission find it advisable, this also applies to the patient or the acting on his or her behalf.
The Control Commission shall try all sides of the issue.
The Commission should, if possible, to see his decision within two weeks after the case was brought in for it. This term can not be met, should the reason for this be stated in the decision.
The decision taken in the meeting of this Commission. In the case of a tie vote, do the leader's trick. The rules on ugildhet in the Court of law Chapter 6 applies to the Commission's members. The Manager determines the remuneration to the appointed lawyer.
Is a complaint has been rejected by the Control Commission, the corresponding complaint be set out until at least six months have passed. Has the matter been tried to the Court under the rules of civil law chapter 36, it may not be set forth how to appeal for the Control Commission before it's been at least six months after the judgment became enforceable.
For transcripts and testimonials given by the Control Commission or of the District Court, the fee is not paid. Also not be paid fees for evidence recording. The who in pursuance of paragraph here meetings to explain himself for the Control Commission, are entitled to the same remuneration as witnesses and expert witnesses.
By notification of the decision shall control the Commission make the patient, or the acting on his or her behalf, familiar with the rules of court trial, jf. section 7-1 of the law here.

section 6-5. Regulations on proceedings the King can give the regulations about it closer to the proceedings in the Control Commission.

Chapter 7. Court trial section 7-1. Court trial Control Commission's decision in the case of compulsory observation, creation or maintenance of compulsory mental health care under section section 3-2, 3-3 and 3-7, of the patient or his or her next of kin be brought before the District Court under the rules of civil law chapter 36. The same applies to control the Commission's decision on the transfer to 24 stay in the institution, cf. § § 4-10 and 5-4.

Chapter 8. Different provisions section 8-1. Regulations regulations provides the King about the application on Svalbard and Jan Mayen and can establish special rules under consideration for the on-site conditions.

section 8-2. Entry into force the law here will take effect from the time the King in Council determines. The King in Council may decide that the individual provisions of the law to take effect to a different time. Chapter 5 takes effect in accordance with their own law.
From the entry into force of the law be repealed the law of 28. April 1961 No. 2 about mental health care.

section 8-3. Changes in other laws from the time the Act comes into force, the following changes in other laws:-