Law on help and protective measures in the event of mental illness (North Rhine-Westphalia)

from Wikipedia, the free encyclopedia
Basic data
Title: Law on Help and Protection in Mental Illnesses
Abbreviation: PsychKG
Type: State Law
Scope: North Rhine-Westphalia
Legal matter: Care law
Original version from: December 2, 1969 (GV.NRW. P. 872)
Entry into force on:
New announcement from: December 17, 1999 (GV.NRW. P. 662)
Entry into force of the
new version on: 		December 24, 1999
Last change by: Art. 1 G of 6 December 2016 (GV. NRW. P. 1062),
Effective date of the
last change: 		January 1, 2017
Weblink: Text of the law
Please note the note on the applicable legal version.

The law on help and protective measures in the event of mental illness , or PsychKG for short , is a state law in North Rhine-Westphalia . It regulates the accommodation . It does not apply to persons who are accommodated on the basis of §§ 63, 64 StGB , 81, 126 a, 453 c in connection with § 463 StPO , §§ 7, 73 JGG and §§ 1631b, 1800, 1915 and 1906 BGB .

Legal history

The new version of December 17, 1999 replaced the law of December 2, 1969 of the same name.

Amendment 2017

The "Law on Help and Protective Measures in Mental Illnesses (North Rhine-Westphalia)" was comprehensively amended in 2016 and the corresponding changes came into force on January 1, 2017. On the one hand, there was an "adjustment to the developments in legislation, case law and medical ethics of recent years", and on the other hand "the continuous emphasis on patient rights, the patient's will and patient autonomy". In the spirit of the UN Convention on the Rights of Persons with Disabilities, the amendment “attaches importance to the smallest possible restriction of freedom, including freedom of movement and self-determination of the patient. In the implementation of all measures, even more attention is paid to the rights and dignity, personal integrity and the will of the patients. "

Key changes to the amendment include:

  • Not only a person trusted by the patient, but also the authorized representative and the legal representative must be informed immediately about the admission to an accommodation and also about the appointment for the judicial hearing so that they can accompany the patient if necessary.
  • As far as possible, patients should be accommodated in open forms, so the usual practice of accommodation behind closed doors should tend to be abandoned and endangered patients should preferably be secured by closer personal support and monitoring through to one-on-one care become.
  • The necessity of the accommodation should be checked and documented by a doctor every day, including weekends and public holidays.
  • Daily exposure to the open air should generally be offered for at least one hour a day.
  • The conclusion of treatment agreements is to offer and promote as well as the possibility to lay down the will in advance directives , it should be.
  • A compulsory treatment is only limited conditions (death or serious threats to the health of the person concerned or third parties as part of the accommodation; the measure is to restore the free self-determination, as far as possible; hopelessness of a less coercive measure; first serious attempt to obtain consent based on trust of the person concerned, with the necessary expenditure of time and without exerting undue pressure; timely announcement so that legal protection can be obtained in good time; expected benefit significantly higher than expected impairment) possible.
  • The attending physicians must apply for the now regular judicial approval for compulsory treatment. This can only be waived in exceptional cases if the immediate coercive measure is necessary to avoid a current mortal danger or serious danger to the health of the accommodated person or a third person, if a special safety measure (this means restraint or isolation) is not suitable or sufficient in order to overcome the acute danger and if the judicial approval cannot be obtained in time. Forced treatment without judicial approval must be reported monthly to the supervisory authority (competent district government). Any compulsory treatment must be documented and discussed by the treating doctor as soon as the state of health of the person concerned allows it.
  • In addition to the restriction of the stay in the open air, the accommodation in a special room (insulation) and the mechanical fixation (tying down), holding on is now also a special safety measure; The measure to be used is the one which (when viewed individually) interferes with the rights of those affected the least.
  • If a fixation lasts over a longer period of time (according to the explanatory text for the draft law (LT-Drucksache 16/12068)> 24 hours) or if it recurs regularly, then a judicial approval must be applied for.
  • Patients now have the express right to continue using a mobile phone with Internet access, but without taking or posting photos or videos of other patients.

Content

  • Placements according to § 11 PsychKG are initially limited to a maximum of six weeks; Extensions up to a maximum of three months are possible (Section 284 (2) FamFG).

See also

Individual evidence

  1. ^ New PsychKG in North Rhine-Westphalia as of January 1, 2017. Bundesanzeiger Verlag, December 7, 2017, archived from the original on August 1, 2017 ; Retrieved July 18, 2017 .
  2. ↑ a b c d e Euphrosyne Gouzoulis-Mayfrank, Marina Otten: The new law on help and protective measures for mental illnesses in North Rhine- Westphalia. Medical Association of North Rhine (corporation under public law), February 28, 2017, archived from the original on August 1, 2017 ; Retrieved July 18, 2017 .
  3. ↑ The new PsychKG NRWpublisher = Psychiatry to go. June 4, 2016, archived from the original on July 2, 2017 ; accessed on July 27, 2017 .