79C3C34C52B45572883A05D425EB0F82
Mental Health Act, Official Gazette Nos. 77/2008 and 46/2015
https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2008-01-3448?sop=2008-01-3448
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| Indicators in focus are typically shown highlighted in yellow; |
Peer Indicators (that share the same Vulnerability association) are shown highlighted in pink; |
"Outside" Indicators (those that do NOT share the same Vulnerability association) are shown highlighted in green; |
Trigger Words/Phrases are shown highlighted in gray. |
Link to Orphaned Trigger Words (Appendix (Indicator List, Indicator Peers, Trigger Words, Type/Vulnerability/Indicator Overlay)
Applicable Type / Vulnerability / Indicator Overlay for this Input
Political / criminal
Searching for indicator criminal:
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p.(None): calendar year.
p.(None): (3) The report of the coordinator of the community hearing shall be given in an anonymised form and may contain, in addition to statistical data, general findings and recommendations regarding the protection
p.(None): rights of persons in the field of mental health.
p.(None): VII. SUPERVISION
p.(None): Article 103
p.(None): Administrative supervision over the implementation of the provisions of this Act by psychiatric treatment providers shall be performed by the Ministry in accordance with the regulations governing health care activity.
p.(None): Article 104
p.(None): (1) Inspection supervision over the work of psychiatric treatment providers shall be performed by the Health Inspectorate of the Republic of Slovenia.
p.(None): (2) Inspection control over the work of providers of social protection services and programs shall be carried out by the social inspection within the Labor Inspectorate of the Republic of Slovenia.
p.(None): (3) In addition to the supervision referred to in the preceding paragraph, the social inspection shall also carry out inspection supervision over the work of treatment providers in the community in the part relating to social protection
p.(None): services and programs.
p.(None): (4) In carrying out the inspection referred to in the second and third paragraphs of this Article, the provisions of the law governing social protection shall apply mutatis mutandis.
p.(None): VIII. CRIMINAL PROVISIONS
p.(None): Article 105
p.(None): (1) A fine of 4,100 to 125,000 euros shall be imposed for a misdemeanor on a legal person who is a provider of psychiatric treatment, a provider of supervised treatment, a provider of social care
p.(None): care services and programs or a community treatment provider if:
p.(None): - does not meet the personnel, technical and spatial conditions referred to in Article 5 of this Act,
p.(None): - restricts the rights of persons without a court decision or contrary to a court decision (Article 13),
p.(None): - has not published a special list of rights (second paragraph of Article 16),
p.(None): - violates the rights to correspondence, receive and send consignments, use the telephone and receive visits (first, second and third paragraphs of Article 19, first paragraph of Article 20 and first
p.(None): paragraph 21 of Article),
p.(None): - violates the right to movement (Article 22),
p.(None): - violates the right to a representative (Article 23),
p.(None): - fails to provide office space (third paragraph of Article 27),
p.(None): - does not allow the agent access to the person in all premises (fourth paragraph of Article 27),
p.(None): - does not adopt the plan of supervised treatment (first paragraph of Article 89),
p.(None): - does not keep records in accordance with Article 99 of this Act,
p.(None): - does not keep records in accordance with Article 100 of this Act.
p.(None): (2) A fine of 200 to 2,100 euros shall be imposed on an individual who independently performs an activity for the misdemeanor referred to in the preceding paragraph.
p.(None): (3) A fine of 50 to 1,000 euros shall be imposed on the responsible person of a legal person and the responsible person of an individual who independently performs the misdemeanor referred to in the first paragraph of this Article.
p.(None): activity.
p.(None): Article 106
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Political / person in detention center
Searching for indicator detained:
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p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - personal name and registered office of the lawyer, if already selected.
p.(None): (2) If the receiving doctor, upon examination of the person, finds that the reasons for detention referred to in Article 53 of this Act are not given, he shall refuse admission.
p.(None): (3) If the receiving doctor establishes that the reasons for detention referred to in Article 53 of this Act are given, he shall detain the person for treatment and instruct him on the reasons for which he is detained and on
p.(None): rights to a lawyer.
p.(None): (4) The receiving doctor shall inform the nearest person, the legal representative and the representative about the admission of the person to the ward under special supervision, within four hours from the admission.
p.(None): (5) The receiving doctor shall notify the director of the psychiatric hospital in writing of the detention of the person within four hours.
p.(None): Article 59
p.(None): (1) The director of a psychiatric hospital shall immediately inform the competent court of the admission referred to in the preceding article.
p.(None): (2) The notification to the court referred to in the preceding paragraph shall contain at least:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, EMŠO and address of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - personal name, address and telephone number of the person's legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - the personal name and registered office of the lawyer and the personal name of the representative and the name of the psychiatric hospital in the area in which he operates.
p.(None): Article 60
p.(None): The court in the area where the receiving psychiatric hospital is located has jurisdiction to decide on admission without consent in emergencies.
p.(None): Article 61
p.(None): (1) The court shall start the admission procedure without consent in urgent cases ex officio when it receives a notification from the director of a psychiatric hospital about the admission of a person or when
p.(None): what other way to find out about him.
p.(None): (2) The court shall, within one day of receiving the notification of the director referred to in the preceding paragraph or from the day when it learns that the person has been admitted to a psychiatric hospital without his or her consent,
p.(None): the decision introduces a procedure in which he appoints an expert and a lawyer of the person and instructs him on the right to replace the appointed lawyer. The decision is served on the person, the lawyer, to whom
p.(None): the notification of the director of the psychiatric hospital, the legal representative, the nearest person and the representative shall also be served.
p.(None): (3) There shall be no special appeal against the decision referred to in the preceding paragraph.
p.(None): (4) If the court initiated the procedure without notifying the psychiatric hospital, the court shall also notify the psychiatric hospital in which the person is detained of the initiation of the procedure.
p.(None): Article 62
p.(None): (1) Within one day after the issuance of the decision on the initiation of the procedure, the court shall visit the person in the department under special supervision and hear him in the presence of a lawyer, expert and representative, except
p.(None): if, on the basis of direct contact with the person, he finds that a hearing is not possible in view of his state of health. The court may inform the lawyer and expert of the date and time of the visit to
p.(None): psychiatric hospital also by telephone or e-mail.
p.(None): (2) The hearing referred to in the preceding paragraph shall be conducted without the presence of those who are treating the person or participating in the treatment.
p.(None): (3) The court shall explain to the person the reasons for initiating the detention procedure and invite him to declare the detention.
p.(None): (4) If during the visit the person declares that he agrees with the detention and consents in writing to the reception, the court shall stop the procedure by a resolution.
p.(None): (5) During the visit, the expert shall examine the person and give an opinion on his / her state of health on the record, which shall also contain an assessment of whether there is a possibility of treatment in supervised treatment.
p.(None): or admission to the secure ward.
p.(None): Article 63
p.(None): (1) If, during the visit of the person referred to in the preceding Article, the court finds that in order to determine whether the reasons for detention in the ward under special supervision are given, further
p.(None): medical examination, decides by an interim injunction that the person remains under observation in the ward under special supervision for a maximum of two days from the date of the issuance of the interim injunction.
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p.(None): Article 64
p.(None): (1) During the visit, the court shall hear an expert, but may also hear a legal representative, the closest person, the attending physician and others who could provide information relevant to the decision.
p.(None): (2) The person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be limited under the conditions referred to in the third paragraph of Article 47 of this Act.
p.(None): Article 65
p.(None): (1) Within three days after the visit of a person, the court shall issue a decision by which it decides that:
p.(None): - keep the person in the ward under special supervision,
p.(None): - dismisses a person from the ward under special supervision,
p.(None): - order the person to be admitted to a protected ward of a social welfare institution, or
p.(None): - the person is ordered a supervised treatment.
p.(None): (2) By a decision referred to in the first, third and fourth indents of the preceding paragraph, the court may restrict the person's rights referred to in the second and third paragraphs of Article 12 of this Act.
p.(None): (3) The provisions of the first, second and third paragraphs of Article 48 of this Act shall apply mutatis mutandis to the issuance of resolutions referred to in the first paragraph of this Article.
p.(None): Article 66
p.(None): The court shall serve the decision referred to in the preceding Article on the participants who have the right to appeal in accordance with the first paragraph of Article 67 of this Act.
p.(None): Article 67
p.(None): (1) A person, a lawyer, a legal representative, the nearest person, a psychiatric hospital in which a person is detained or is detained may appeal against the decision referred to in Article 65 of this Act.
p.(None): authorized to propose the coordinator of the supervised treatment, and the social welfare institution in which the person is admitted to the protected ward, within three days from the day
p.(None): service of the decision.
p.(None): (2) The appeal shall not suspend the execution of the decision.
p.(None): (3) The court of second instance shall decide on the appeal within three days of receiving the appeal.
p.(None): (4) Revision is allowed against the decision of the court of second instance.
p.(None): Article 68
p.(None): The costs of the proceedings are covered by the court.
p.(None): 1.3 Extension of detention, release and transfer from a ward under special supervision
p.(None): Article 69
p.(None): A person's detention in a ward under special supervision shall be extended, transferred to a secure ward or discharged from a ward under special supervision if the conditions under this
p.(None): the law. The treating physician shall regularly inform the person of the reasons for the extension of the detention, transfer or release.
p.(None): Article 70
p.(None): (1) If the director of a psychiatric hospital finds that in order to avert the threat due to the causes referred to in the first paragraph of Article 39 of this Act, further treatment in
p.(None): ward under special supervision, at least 14 days before the expiry of the time limit referred to in the court decision, proposes to the court that the detention in the ward under special supervision be extended.
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Political / political affiliation
Searching for indicator political:
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p.(None): I. GENERAL PROVISIONS
p.(None): Article 1
p.(None): (1) This Act determines the system of health and social care in the field of mental health, the holders of this activity and the rights of a person during treatment in
p.(None): ward under special supervision of a psychiatric hospital, treatment in a protected ward of a social welfare institution and in supervised treatment.
p.(None): (2) This Act determines the procedures for the admission of a person:
p.(None): - for treatment in a ward under the special supervision of a psychiatric hospital;
p.(None): - for consideration in the protected ward of the social welfare institution;
p.(None): - to supervised treatment;
p.(None): - for consideration in the community.
p.(None): (3) Notwithstanding the provisions of this Act, in the event of violations of the rights of a person as a user of health services by providers (hereinafter
p.(None): text: provider) health activities, apply the provisions of the law governing patients' rights.
p.(None): Article 2
p.(None): The terms used in this Act have the following meaning:
p.(None): 1. Acute hospital treatment is hospital treatment for an acute mental disorder or an acute exacerbation of a chronic mental disorder.
p.(None): 2. A person's home environment is the environment or space where a person lives. As a rule, this is her home, but it can also be a residential community or other living space.
p.(None): 3. Mental disorder is a temporary or permanent disorder of brain function that manifests as altered thinking, feeling, perceiving, behaving, and perceiving oneself and the environment.
p.(None): Inadequacy to the moral, social, political or other values of society is not in itself considered a mental disorder.
p.(None): 4. Mental health is the condition of an individual (hereinafter: the individual), which is reflected in his thinking, emotions, perception, behavior and
p.(None): perception of self and the environment.
p.(None): 5. The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital by a decision
p.(None): determined by the court.
p.(None): 6. A community treatment coordinator is an individual appointed by the social work center to monitor and coordinate community treatment for an individual.
p.(None): 7. A supervised treatment plan is a plan of scheduled health, social care and other services provided in a supervised treatment outside a psychiatric hospital in
p.(None): home environment of the person.
p.(None): 8. The community treatment plan shall include timed health, social care and other services with their providers provided in the community treatment and
p.(None): accepted for an individual.
p.(None): 9. A treatment plan is a plan of health services determined by a doctor (hereinafter: doctor) according to the health condition of an individual person, taking into account
p.(None): her admission to a psychiatric hospital and adjusts accordingly to the person's state of health.
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
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Health / Cognitive Impairment
Searching for indicator impaired:
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p.(None): reasons for detention and the right to a lawyer. The doctor shall notify the director of the psychiatric hospital in writing of the person's detention within four hours.
p.(None): (3) The director of a psychiatric hospital or an individual authorized by him (hereinafter: the director of a psychiatric hospital) shall immediately inform the director in accordance with Article 59 of this Act.
p.(None): the competent court which decides on detention under the procedure for admission to emergency treatment. The director of the psychiatric hospital shall also inform the nearest person and
p.(None): representative in the case of a minor or an adult deprived of legal capacity, as well as a legal representative.
p.(None): 1.2 Admission to treatment without consent
p.(None): Article 39
p.(None): (1) The treatment of a person in a ward under special supervision without his consent is permissible if all the following conditions are met:
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the stated causes and threats referred to in the first and second indents of this paragraph cannot be prevented by other forms of assistance (by treatment in a psychiatric hospital outside the ward under
p.(None): special supervision, outpatient treatment or supervised treatment).
p.(None): (2) Admission to treatment without the consent referred to in the preceding paragraph shall be made:
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
p.(None): b) in urgent cases before the court order is issued, if the conditions referred to in Article 53 of this Act are met.
p.(None): a) Admission to treatment without consent based on a court order
p.(None): Article 40
p.(None): (1) The procedure for admission of a person to a ward under special supervision without consent on the basis of a court decision shall be initiated at the proposal of the psychiatric treatment provider, the center for
p.(None): social work, the coordinator of supervised treatment, the nearest person or the public prosecutor's office.
p.(None): (2) The proposal referred to in the preceding paragraph may also be submitted by a legal representative for a minor and an adult who has been deprived of legal capacity.
p.(None): Article 41
p.(None): (1) The proposal referred to in the preceding Article shall be filed with the competent court in the territory of which the person has permanent or temporary residence, or if the person has no registered or permanent residence.
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p.(None): treatment without consent based on a court order.
p.(None): Article 72
p.(None): The person shall be transferred to a secure ward in accordance with the provisions of Article 76 of this Act.
p.(None): 2. Admission procedure to the protected ward of a social welfare institution
p.(None): Article 73
p.(None): Admission of a person to the protected ward of a social welfare institution (hereinafter: the protected ward) shall be carried out with or without the consent of the person under the conditions determined by
p.(None): that law.
p.(None): 2.1 Acceptance with consent
p.(None): Article 74
p.(None): (1) A person is admitted to a secure ward with consent if all of the following conditions are met:
p.(None): - if acute hospital treatment is completed or not required,
p.(None): - if he needs constant care and protection that cannot be provided in the home environment or in any other way,
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct,
p.(None): - if the stated causes and threats referred to in the third and fourth indents of this paragraph cannot be averted by other forms of assistance (outside the social welfare institution, in the controlled
p.(None): hearing),
p.(None): - if he meets other conditions for admission to a social welfare institution, which are determined by regulations in the field of social welfare.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of the nature and purpose
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
p.(None): (3) A person who has consented to admission to the protected ward may at any time, explicitly or by acts from which it can be inferred, revoke the consent and request that he be dismissed from
p.(None): protected compartment. In this case, the person must be released immediately. The social welfare institution does the same in the event that the consent is revoked by the legal representative.
p.(None): 2.2 Admission without consent
p.(None): Article 75
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p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
p.(None): If the conditions for treatment in the supervised treatment referred to in the previous article are met, the individuals authorized to submit a proposal in accordance with Article 40 of this Act may
p.(None): suggest that the person be treated in a controlled treatment.
p.(None): Article 82
p.(None): (1) The admission of a person to a controlled hearing shall be carried out on the basis of a court decision.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a supervised hearing on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): determined.
p.(None): Article 83
p.(None): (1) The court, on the proposal of the director of a psychiatric hospital, may decide by a decision that the treatment of a person shall continue in a supervised treatment. The court may time treatment in
p.(None): extended treatment shall be extended by a maximum of six months each time.
p.(None): (2) The proposal referred to in the preceding paragraph, which also contains a proposal for the appointment of a coordinator of supervised treatment and the type and scope of his powers referred to in Article 87 of this Act, shall be
p.(None): lodged within 15 days before the discharge of the person from the psychiatric hospital or before the expiry of the time limit set for treatment in supervised treatment.
p.(None): 3.2 Coordinated treatment coordinator
p.(None): Article 84
p.(None): (1) The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital,
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Health / Drug Usage
Searching for indicator influence:
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p.(None): the decision shall be determined by the court.
p.(None): (2) If the coordinator of the supervised hearing no longer meets the conditions referred to in the first paragraph of Article 85 or the first paragraph of Article 86 of this Act, or if he does not perform his duties in accordance with
p.(None): with this law, the court shall appoint another coordinator on the proposal of the psychiatric hospital.
p.(None): Article 85
p.(None): (1) An individual who meets the following conditions may be appointed as the coordinator of supervised treatment:
p.(None): - has at least a medical, psychological, social or pedagogical education,
p.(None): - has passed the examination for the coordinator of supervised treatment,
p.(None): - has three years of work experience in the field of mental health protection,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister.
p.(None): Article 86
p.(None): (1) The coordinator of supervised treatment is employed in a psychiatric hospital, which professionally supervises his work.
p.(None): (2) Funds for the work of the coordinators of supervised treatment shall be provided from the funds of the ministry responsible for health (hereinafter: the ministry).
p.(None): Article 87
p.(None): (1) The coordinator of the supervised hearing shall perform the following tasks in particular:
p.(None): - in cooperation with the person and the agent and a working group appointed by the director of the psychiatric hospital and consisting of a doctor, a social worker, a nurse, and
p.(None): other experts, the closest person and others who may influence the course of the supervised treatment, prepare a proposal for a plan of supervised treatment,
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
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p.(None): (1) The plan of supervised treatment shall be adopted by the psychiatric hospital in the area of which the person has permanent or temporary residence on the proposal of the coordinator of supervised treatment,
p.(None): or, where he has no registered permanent or temporary residence, in the area in which he actually resides.
p.(None): (2) When preparing a plan of supervised treatment, the will of the person and the closest person must be taken into account as much as possible.
p.(None): Article 90
p.(None): Funds for the implementation of the supervised treatment plan are provided from the funds of the compulsory health insurance.
p.(None): 4. Community treatment
p.(None): 4.1 Conditions for the treatment of a person in the community
p.(None): Article 91
p.(None): (1) Community treatment is the provision of assistance to persons who no longer need treatment in a psychiatric hospital or supervised treatment, but need assistance in
p.(None): psychosocial rehabilitation, daily tasks, regulation of living conditions and integration into everyday life on the basis of a treatment plan.
p.(None): (2) A person who consents in writing to the community treatment plan may be heard in the community.
p.(None): 4.2 Community treatment plan
p.(None): Article 92
p.(None): (1) A plan of treatment in the community shall be prepared for the person to be treated in the community, which shall be adopted by the center for social work on the proposal of the coordinator of the treatment in the community.
p.(None): (2) The proposal of the community treatment plan shall be prepared by the community treatment coordinator in cooperation with a person and a multidisciplinary team consisting of a psychiatrist, a community health care provider
p.(None): nurse, a representative of the center for social work and non-governmental organizations, the closest person and others who may influence the course of treatment in the community, and appointed by the center for social work
p.(None): work.
p.(None): (3) The community treatment coordinator and the community treatment providers shall cooperate with each other in the implementation of the community treatment plan.
p.(None): (4) Funds for the implementation of the community treatment plan shall be provided from the funds of the ministry responsible for social welfare.
p.(None): (5) The manner and content of treatment in the community shall be determined in more detail by the Minister of Social Welfare with the consent of the Minister.
p.(None): 4.3 Community hearing coordinator
p.(None): Article 93
p.(None): (1) The coordinator of the treatment in the community is an individual appointed by the competent center for social work to monitor and coordinate the treatment in the community for an individual person.
p.(None): (2) If the coordinator of the community hearing no longer meets the conditions referred to in the first paragraph of Article 94 or the first paragraph of Article 95 of this Act, or if he does not perform his duties in accordance with
p.(None): this Act, the Center for Social Work shall appoint another coordinator.
p.(None): Article 94
p.(None): (1) An individual who meets the following conditions may be appointed as a coordinator of community hearings:
p.(None): - has at least a university degree in health, psychology, social, pedagogical or other relevant fields,
p.(None): - has passed the examination for community treatment coordinator,
p.(None): - has three years of work experience in the field of mental health or social care,
p.(None): - has not been legally sentenced to unconditional imprisonment.
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Health / Motherhood/Family
Searching for indicator family:
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p.(None): Article 16
p.(None): (1) The receiving doctor in a psychiatric hospital or an individual who admits a person for treatment in a protected ward of a social welfare institution shall instruct the person orally and in writing about
p.(None): its rights under this Act.
p.(None): (2) The psychiatric hospital or social welfare institution shall publish in a visible place the list of rights that the person has under this Act and the house rules. The list also includes business
p.(None): addresses and telephone numbers of the representatives in charge of the area in which the psychiatric hospital or social welfare institution operates.
p.(None): (3) The rights and data referred to in the preceding paragraph shall also be summarized in a special leaflet, which shall be handed over to the person upon admission to the ward under special supervision and to the protected ward.
p.(None): Article 17
p.(None): (1) A person has the right to protection in a social and residential environment, which is as unrestricted as possible, and to treatment in the least restrictive and intrusive manner available, taking into account
p.(None): taking into account her state of health and the need to ensure the safety of others.
p.(None): (2) When considering a person, his will shall be taken into account if it is in his favor.
p.(None): Article 18
p.(None): (1) Providers of mental health programs and services are obliged to protect, as a professional secret, everything they learn about a person in the course of their profession or work, in particular information about
p.(None): her state of health, personal, family and social circumstances, and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (2) The information protection obligations referred to in the preceding paragraph may be dismissed by the provider of mental health programs and services in accordance with the provisions of the law governing patients
p.(None): rights.
p.(None): 2. The right to correspond, to receive shipments and visits, and to use the telephone
p.(None): Article 19
p.(None): (1) Correspondence shall be enabled for a person, ensuring the secrecy of the content of messages of all forms of correspondence. The person has the right to use e-mail according to the possibilities
p.(None): in a psychiatric hospital or social welfare institution.
p.(None): (2) A person has the right to receive documents from state bodies, local community bodies, holders of public authority and a lawyer and to address them with applications for the protection of his / her
p.(None): rights and legal benefits through a psychiatric hospital and social welfare institution in sealed envelopes.
p.(None): (3) A person has the right to receive and send consignments through a psychiatric hospital and a social welfare institution. A person can accept shipments of food, money, laundry,
p.(None): personal and other objects and newspapers and books.
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p.(None): Article 24
p.(None): (1) The representative shall perform the following tasks in particular:
p.(None): - informs the person in an appropriate manner about the content of the rights referred to in Article 12 of this Act, the methods and possibilities of exercising them,
p.(None): - gives concrete guidelines for exercising the rights referred to in Article 12 of this Act and proposes possible solutions,
p.(None): - advises the person regarding the exercise of the rights referred to in Article 12 of this Act,
p.(None): - strives to respect the rights referred to in Article 12 of this Act and the privacy of the person,
p.(None): - verifies whether the person is kept records on the restriction of the rights of persons referred to in the first paragraph of Article 99 of this Act, records on the use of special protective measures referred to in the second paragraph
p.(None): Article 99 of this Act and records on treatment with special methods of treatment referred to in Article 100 of this Act.
p.(None): (2) Within the tasks referred to in the preceding paragraph, the representative shall respect the wishes of the person, provided that these are not harmful to the person.
p.(None): (3) In exercising the rights of a person as a user of health services at health care providers, the representative may cooperate with the representative of the patient's rights in accordance with
p.(None): the law governing patients ’rights. A representative may also perform the duties of a representative of patients 'rights if he is appointed in accordance with the law governing patients' rights.
p.(None): (4) The representative is obliged to protect as a professional secret everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health, personal, family and
p.(None): social conditions and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): Article 25
p.(None): (1) An individual who meets the following conditions may be appointed as a representative:
p.(None): - has at least a university degree,
p.(None): - has passed the examination for a representative,
p.(None): - has five years of work experience in the field of mental health,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 26
p.(None): (1) The representative shall be appointed and dismissed by the Minister of Social Welfare on the basis of a public invitation and after a prior opinion of the Minister. The decision on the appointment of a representative shall also specify
p.(None): the psychiatric hospital in the area in which it operates.
p.(None): (2) The Minister of Social Welfare shall determine the more detailed manner and procedure of selection on the basis of a public invitation in a public invitation.
p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
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p.(None): - has passed the examination for the coordinator of supervised treatment,
p.(None): - has three years of work experience in the field of mental health protection,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister.
p.(None): Article 86
p.(None): (1) The coordinator of supervised treatment is employed in a psychiatric hospital, which professionally supervises his work.
p.(None): (2) Funds for the work of the coordinators of supervised treatment shall be provided from the funds of the ministry responsible for health (hereinafter: the ministry).
p.(None): Article 87
p.(None): (1) The coordinator of the supervised hearing shall perform the following tasks in particular:
p.(None): - in cooperation with the person and the agent and a working group appointed by the director of the psychiatric hospital and consisting of a doctor, a social worker, a nurse, and
p.(None): other experts, the closest person and others who may influence the course of the supervised treatment, prepare a proposal for a plan of supervised treatment,
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
p.(None): hospitals. In the case of a minor or an adult deprived of legal capacity, he or she shall also inform the competent center for social work and the legal representative.
p.(None): (2) If the conditions referred to in Article 53 of this Act are met, the director of the psychiatric hospital shall, after the notification referred to in the preceding paragraph, ensure that measures are taken to admit the person to the ward.
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p.(None): - has passed the examination for community treatment coordinator,
p.(None): - has three years of work experience in the field of mental health or social care,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 95
p.(None): (1) The coordinator of the treatment in the community is employed at the center for social work, which professionally supervises its work.
p.(None): (2) Funds for the work of community treatment coordinators shall be provided from the funds of the ministry responsible for social welfare.
p.(None): Article 96
p.(None): (1) The community treatment coordinator shall perform the following tasks in particular:
p.(None): - prepare, coordinate and supervise the implementation of the community treatment plan,
p.(None): - organizes and leads the multidisciplinary team referred to in the second paragraph of Article 92 of this Act,
p.(None): - provides professional and placement support to community treatment providers,
p.(None): - takes care of the records of community hearings.
p.(None): (2) After six months, the community treatment coordinator shall assess the implementation and prepare any amendments to the community treatment plan.
p.(None): (3) The coordinator of community treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (4) The coordinator of the treatment in the community shall perform the tasks with care and in such a way that the person is not exposed to inconveniences as a result.
p.(None): VI. RECORDS AND REPORTING
p.(None): Article 97
p.(None): (1) For the purpose of monitoring the tasks referred to in Article 24 of this Act, the representative shall keep records containing information on:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence of the person,
p.(None): - the type of tasks he performed,
p.(None): - the type of alleged infringement of the rights of the persons he dealt with,
p.(None): - the date of receipt of the notification of the alleged infringement of the rights of the person,
p.(None): - the date and manner of solving or performing the tasks.
p.(None): (2) The representative shall submit to the Minister of Social Welfare no later than 15 March of the current year a regular annual report on the implementation of his tasks for the previous calendar year.
p.(None): (3) The report of the representative referred to in the preceding paragraph shall be given in an anonymised form and may, in addition to statistical data, also contain general findings and recommendations regarding the protection of rights.
p.(None): persons in the field of mental health.
p.(None): Article 98
p.(None): (1) For the purpose of exercising the right to a representative, the ministry responsible for social welfare shall keep records containing the following information on representatives:
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p.(None): its rights under this Act.
p.(None): (2) The psychiatric hospital or social welfare institution shall publish in a visible place the list of rights that the person has under this Act and the house rules. The list also includes business
p.(None): addresses and telephone numbers of the representatives in charge of the area in which the psychiatric hospital or social welfare institution operates.
p.(None): (3) The rights and data referred to in the preceding paragraph shall also be summarized in a special leaflet, which shall be handed over to the person upon admission to the ward under special supervision and to the protected ward.
p.(None): Article 17
p.(None): (1) A person has the right to protection in a social and residential environment, which is as unrestricted as possible, and to treatment in the least restrictive and intrusive manner available, taking into account
p.(None): taking into account her state of health and the need to ensure the safety of others.
p.(None): (2) When considering a person, his will shall be taken into account if it is in his favor.
p.(None): Article 18
p.(None): (1) Providers of mental health programs and services are obliged to protect, as a professional secret, everything they learn about a person in the course of their profession or work, in particular information about
p.(None): her state of health, personal, family and social circumstances, and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (2) The information protection obligations referred to in the preceding paragraph may be dismissed by the provider of mental health programs and services in accordance with the provisions of the law governing patients
p.(None): rights.
p.(None): 2. The right to correspond, to receive shipments and visits, and to use the telephone
p.(None): Article 19
p.(None): (1) Correspondence shall be enabled for a person, ensuring the secrecy of the content of messages of all forms of correspondence. The person has the right to use e-mail according to the possibilities
p.(None): in a psychiatric hospital or social welfare institution.
p.(None): (2) A person has the right to receive documents from state bodies, local community bodies, holders of public authority and a lawyer and to address them with applications for the protection of his / her
p.(None): rights and legal benefits through a psychiatric hospital and social welfare institution in sealed envelopes.
p.(None): (3) A person has the right to receive and send consignments through a psychiatric hospital and a social welfare institution. A person can accept shipments of food, money, laundry,
p.(None): personal and other objects and newspapers and books.
p.(None): (4) Supervision over the content of received consignments referred to in the preceding paragraph in the presence of a person shall be performed by employees authorized by the director of the psychiatric hospital or social
...
p.(None): - gives concrete guidelines for exercising the rights referred to in Article 12 of this Act and proposes possible solutions,
p.(None): - advises the person regarding the exercise of the rights referred to in Article 12 of this Act,
p.(None): - strives to respect the rights referred to in Article 12 of this Act and the privacy of the person,
p.(None): - verifies whether the person is kept records on the restriction of the rights of persons referred to in the first paragraph of Article 99 of this Act, records on the use of special protective measures referred to in the second paragraph
p.(None): Article 99 of this Act and records on treatment with special methods of treatment referred to in Article 100 of this Act.
p.(None): (2) Within the tasks referred to in the preceding paragraph, the representative shall respect the wishes of the person, provided that these are not harmful to the person.
p.(None): (3) In exercising the rights of a person as a user of health services at health care providers, the representative may cooperate with the representative of the patient's rights in accordance with
p.(None): the law governing patients ’rights. A representative may also perform the duties of a representative of patients 'rights if he is appointed in accordance with the law governing patients' rights.
p.(None): (4) The representative is obliged to protect as a professional secret everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health, personal, family and
p.(None): social conditions and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): Article 25
p.(None): (1) An individual who meets the following conditions may be appointed as a representative:
p.(None): - has at least a university degree,
p.(None): - has passed the examination for a representative,
p.(None): - has five years of work experience in the field of mental health,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 26
p.(None): (1) The representative shall be appointed and dismissed by the Minister of Social Welfare on the basis of a public invitation and after a prior opinion of the Minister. The decision on the appointment of a representative shall also specify
p.(None): the psychiatric hospital in the area in which it operates.
p.(None): (2) The Minister of Social Welfare shall determine the more detailed manner and procedure of selection on the basis of a public invitation in a public invitation.
p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
p.(None): (4) The ministry responsible for social welfare shall publish on its website a list of representatives, which shall contain the following information on representatives:
p.(None): - Personal name,
p.(None): - business telephone number,
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p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister.
p.(None): Article 86
p.(None): (1) The coordinator of supervised treatment is employed in a psychiatric hospital, which professionally supervises his work.
p.(None): (2) Funds for the work of the coordinators of supervised treatment shall be provided from the funds of the ministry responsible for health (hereinafter: the ministry).
p.(None): Article 87
p.(None): (1) The coordinator of the supervised hearing shall perform the following tasks in particular:
p.(None): - in cooperation with the person and the agent and a working group appointed by the director of the psychiatric hospital and consisting of a doctor, a social worker, a nurse, and
p.(None): other experts, the closest person and others who may influence the course of the supervised treatment, prepare a proposal for a plan of supervised treatment,
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
p.(None): hospitals. In the case of a minor or an adult deprived of legal capacity, he or she shall also inform the competent center for social work and the legal representative.
p.(None): (2) If the conditions referred to in Article 53 of this Act are met, the director of the psychiatric hospital shall, after the notification referred to in the preceding paragraph, ensure that measures are taken to admit the person to the ward.
p.(None): under special supervision without consent in emergencies.
p.(None): 3.3 Plan of controlled treatment
p.(None): Article 89
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p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 95
p.(None): (1) The coordinator of the treatment in the community is employed at the center for social work, which professionally supervises its work.
p.(None): (2) Funds for the work of community treatment coordinators shall be provided from the funds of the ministry responsible for social welfare.
p.(None): Article 96
p.(None): (1) The community treatment coordinator shall perform the following tasks in particular:
p.(None): - prepare, coordinate and supervise the implementation of the community treatment plan,
p.(None): - organizes and leads the multidisciplinary team referred to in the second paragraph of Article 92 of this Act,
p.(None): - provides professional and placement support to community treatment providers,
p.(None): - takes care of the records of community hearings.
p.(None): (2) After six months, the community treatment coordinator shall assess the implementation and prepare any amendments to the community treatment plan.
p.(None): (3) The coordinator of community treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (4) The coordinator of the treatment in the community shall perform the tasks with care and in such a way that the person is not exposed to inconveniences as a result.
p.(None): VI. RECORDS AND REPORTING
p.(None): Article 97
p.(None): (1) For the purpose of monitoring the tasks referred to in Article 24 of this Act, the representative shall keep records containing information on:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence of the person,
p.(None): - the type of tasks he performed,
p.(None): - the type of alleged infringement of the rights of the persons he dealt with,
p.(None): - the date of receipt of the notification of the alleged infringement of the rights of the person,
p.(None): - the date and manner of solving or performing the tasks.
p.(None): (2) The representative shall submit to the Minister of Social Welfare no later than 15 March of the current year a regular annual report on the implementation of his tasks for the previous calendar year.
p.(None): (3) The report of the representative referred to in the preceding paragraph shall be given in an anonymised form and may, in addition to statistical data, also contain general findings and recommendations regarding the protection of rights.
p.(None): persons in the field of mental health.
p.(None): Article 98
p.(None): (1) For the purpose of exercising the right to a representative, the ministry responsible for social welfare shall keep records containing the following information on representatives:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence,
p.(None): - scientific or professional title,
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p.(None): legal representative.
p.(None): (7) If the doctor is not present at the person, a special protective measure may also be introduced by another health care worker (hereinafter: health care worker) in
p.(None): psychiatric hospital or professional worker or professional worker (hereinafter: professional worker) in a social welfare institution, but immediately informs about it
p.(None): the doctor, who shall without delay decide on the justification of the introduction of the measure. If the doctor does not order the measure, the implementation of the measure is stopped immediately. Medical or professional worker about the notification
p.(None): make a written note to the doctor.
p.(None): (8) A person, a lawyer, a legal representative, the closest person and a representative may propose the implementation of administrative control over the order and the implementation of a special protective measure in accordance with
p.(None): regulations governing administrative control in health care.
p.(None): IV. PROCEEDINGS BEFORE THE COURT
p.(None): Article 30
p.(None): (1) The competent court shall decide on matters under this Act in non-litigious proceedings.
p.(None): (2) Proceedings before a court under this Act are:
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent based on a court order,
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent in emergencies,
p.(None): - the procedure for admission to the protected ward of a social welfare institution without consent on the basis of a court decision,
p.(None): - the procedure for admission to supervised treatment without consent based on a court decision.
p.(None): Article 31
p.(None): (1) In all proceedings before the courts under this Act, it is obligatory to represent a person by a proxy who is a lawyer (hereinafter: a lawyer).
p.(None): (2) A lawyer shall be authorized by a legal representative for a minor and an adult who has been deprived of legal capacity, unless the procedure was initiated on his proposal. In that
p.(None): the case of a lawyer is set by the court.
p.(None): Article 32
p.(None): (1) A participant in proceedings before a court is a person and individuals and bodies or organizations to whom this Act gives the right to participate in proceedings. The court gives to everyone
p.(None): participants in the procedure have the opportunity to state their views on the statements of other participants or to participate in the procedure.
p.(None): (2) In the procedure, the rights and legal interests of a minor or a person who, due to a mental disorder or other circumstances, is unable to take care of his or her own, must be protected.
p.(None): rights and interests. If a person is not legally capable, the court enables him to perform procedural acts independently, if he is able to understand the meaning and legal consequences of such acts.
...
p.(None): her medical condition, which also includes an assessment of whether there is a possibility of treatment in a supervised treatment or treatment in a protected ward. In the order, the court shall determine
p.(None): the psychiatric treatment provider being examined. He forwards the order to the person, lawyer, expert and psychiatric treatment provider.
p.(None): (2) An expert may also examine a person against his or her will, under the conditions determined by Article 44 of this Act.
p.(None): Article 44
p.(None): (1) At the proposal of an expert, the court may, by a decision, decide that a person shall remain in a psychiatric hospital for a maximum of two days, if this is necessary due to the nature of the mental disorder or because
p.(None): because he refuses to voluntarily submit to the inspection and it is not possible to establish the existence of the conditions referred to in the first paragraph of Article 39 of this Act in any other way.
p.(None): (2) The person must be explained in an understandable way the reasons for detention and the rights he has at the time of detention.
p.(None): (3) An appeal against the decision referred to in the first paragraph of this Article may be lodged within one day of the service of the decision.
p.(None): (4) The court of second instance shall decide on the appeal referred to in the preceding paragraph within three days.
p.(None): (5) If it is established during the detention of a person that the conditions referred to in Article 53 of this Act are met, the person shall be admitted for treatment in accordance with the provisions governing admission to treatment without
p.(None): consent in emergencies.
p.(None): Article 45
p.(None): If voluntary execution of the decision referred to in the first paragraph of the previous article is not possible, the provisions of the second and third paragraphs of Article 52 of this Article shall apply mutatis mutandis to the execution of the decision.
p.(None): of the law.
p.(None): Article 46
p.(None): (1) After obtaining the opinion of an expert, the court shall convene a hearing to which it shall invite the proposer, the person, the lawyer, the legal representative, the closest person, the representative and others who would
p.(None): be able to provide information relevant to the decision.
p.(None): (2) The court shall decide on the basis of direct contact with a person by seeing and talking to the person before issuing the decision, if this is permitted by his or her state of health.
p.(None): Article 47
p.(None): (1) At the hearing, the court shall hear the expert who prepared the opinion referred to in the first paragraph of Article 43 of this Act, and others who could provide information relevant to the decision. The court hears
p.(None): also a person if this is possible in view of his state of health. A person who is unable to attend a hearing due to his or her medical condition may be heard where he or she resides.
p.(None): (2) The proposer, the person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be restricted in full or in part by a court on the proposal of an expert, if harmful
...
p.(None): invites the person to report to a psychiatric hospital or social welfare institution on a certain day, no later than seven days after the summons. A copy of the summons shall also be sent to the court which
p.(None): issued a decision, and the person's lawyer.
p.(None): (2) If a person does not come to a psychiatric hospital or social welfare institution on a certain day and does not justify his absence, the director of the psychiatric hospital or social welfare institution
p.(None): the protection institution shall inform the court that issued the decision, the selected personal doctor and the person's lawyer and order the transport of the person by ambulance. Director of Psychiatry
p.(None): the hospital or social welfare institution may request the assistance of the police in carrying out emergency transport.
p.(None): (3) If it has not been possible to execute the court's decision in the manner referred to in the preceding paragraph, the director of the psychiatric hospital or social welfare institution shall inform the court thereof. If
p.(None): the court finds that the summons for admission to the ward under special supervision or to the protected ward has been properly served, orders the transfer.
p.(None): b) Admission to treatment without consent in emergencies
p.(None): Article 53
p.(None): A person may be admitted to a ward under special supervision without consent and before the issuance of a court decision, if the conditions referred to in the first paragraph of Article 39 of this
p.(None): of the law, when due to the nature of the person's mental disorder it is absolutely necessary to restrict his / her freedom of movement or to prevent contact with the environment before the procedure for admission is carried out.
p.(None): without the consent referred to in Articles 40 to 52 of this Act.
p.(None): Article 54
p.(None): (1) The admission referred to in the preceding Article shall be carried out on the basis of a referral from a selected personal doctor, psychiatrist or other doctor who has examined the person, if he finds that they have been given.
p.(None): reasons referred to in the previous article. The referral, which may not be more than three days old, shall be accompanied by a report on the person's state of health, stating in particular the circumstances from which it arises,
p.(None): that admission is necessary.
p.(None): (2) Notwithstanding the preceding paragraph, a person may be admitted to a ward under special supervision even without a referral, in the case referred to in Article 57 of this Act.
p.(None): Article 55
p.(None): (1) A doctor who refers a person to a psychiatric hospital shall, if necessary, order transport by ambulance. A doctor can be a person who has been referred to a psychiatric hospital and for whom it is
p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
...
p.(None): rights to a lawyer.
p.(None): (4) The receiving doctor shall inform the nearest person, the legal representative and the representative about the admission of the person to the ward under special supervision, within four hours from the admission.
p.(None): (5) The receiving doctor shall notify the director of the psychiatric hospital in writing of the detention of the person within four hours.
p.(None): Article 59
p.(None): (1) The director of a psychiatric hospital shall immediately inform the competent court of the admission referred to in the preceding article.
p.(None): (2) The notification to the court referred to in the preceding paragraph shall contain at least:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, EMŠO and address of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - personal name, address and telephone number of the person's legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - the personal name and registered office of the lawyer and the personal name of the representative and the name of the psychiatric hospital in the area in which he operates.
p.(None): Article 60
p.(None): The court in the area where the receiving psychiatric hospital is located has jurisdiction to decide on admission without consent in emergencies.
p.(None): Article 61
p.(None): (1) The court shall start the admission procedure without consent in urgent cases ex officio when it receives a notification from the director of a psychiatric hospital about the admission of a person or when
p.(None): what other way to find out about him.
p.(None): (2) The court shall, within one day of receiving the notification of the director referred to in the preceding paragraph or from the day when it learns that the person has been admitted to a psychiatric hospital without his or her consent,
p.(None): the decision introduces a procedure in which he appoints an expert and a lawyer of the person and instructs him on the right to replace the appointed lawyer. The decision is served on the person, the lawyer, to whom
p.(None): the notification of the director of the psychiatric hospital, the legal representative, the nearest person and the representative shall also be served.
p.(None): (3) There shall be no special appeal against the decision referred to in the preceding paragraph.
p.(None): (4) If the court initiated the procedure without notifying the psychiatric hospital, the court shall also notify the psychiatric hospital in which the person is detained of the initiation of the procedure.
p.(None): Article 62
p.(None): (1) Within one day after the issuance of the decision on the initiation of the procedure, the court shall visit the person in the department under special supervision and hear him in the presence of a lawyer, expert and representative, except
p.(None): if, on the basis of direct contact with the person, he finds that a hearing is not possible in view of his state of health. The court may inform the lawyer and expert of the date and time of the visit to
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p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
p.(None): hospitals. In the case of a minor or an adult deprived of legal capacity, he or she shall also inform the competent center for social work and the legal representative.
p.(None): (2) If the conditions referred to in Article 53 of this Act are met, the director of the psychiatric hospital shall, after the notification referred to in the preceding paragraph, ensure that measures are taken to admit the person to the ward.
p.(None): under special supervision without consent in emergencies.
p.(None): 3.3 Plan of controlled treatment
p.(None): Article 89
p.(None): (1) The plan of supervised treatment shall be adopted by the psychiatric hospital in the area of which the person has permanent or temporary residence on the proposal of the coordinator of supervised treatment,
p.(None): or, where he has no registered permanent or temporary residence, in the area in which he actually resides.
p.(None): (2) When preparing a plan of supervised treatment, the will of the person and the closest person must be taken into account as much as possible.
p.(None): Article 90
p.(None): Funds for the implementation of the supervised treatment plan are provided from the funds of the compulsory health insurance.
p.(None): 4. Community treatment
p.(None): 4.1 Conditions for the treatment of a person in the community
p.(None): Article 91
p.(None): (1) Community treatment is the provision of assistance to persons who no longer need treatment in a psychiatric hospital or supervised treatment, but need assistance in
p.(None): psychosocial rehabilitation, daily tasks, regulation of living conditions and integration into everyday life on the basis of a treatment plan.
p.(None): (2) A person who consents in writing to the community treatment plan may be heard in the community.
p.(None): 4.2 Community treatment plan
p.(None): Article 92
p.(None): (1) A plan of treatment in the community shall be prepared for the person to be treated in the community, which shall be adopted by the center for social work on the proposal of the coordinator of the treatment in the community.
p.(None): (2) The proposal of the community treatment plan shall be prepared by the community treatment coordinator in cooperation with a person and a multidisciplinary team consisting of a psychiatrist, a community health care provider
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p.(None): GAZETTE OFFICIAL GAZETTE OF RS
p.(None): Official Gazette of the Republic of Slovenia
p.(None): Cancellation of documents
p.(None): TABLE OF CONTENTS
p.(None): 3448. Mental Health Act (ZDZdr), page 11097.
p.(None): On the basis of the second indent of the first paragraph of Article 107 and the first paragraph of Article 91 of the Constitution of the Republic of Slovenia, I issue
p.(None): DECREE
p.(None): on the promulgation of the Mental Health Act (ZDZdr)
p.(None): I hereby promulgate the Mental Health Act (ZDZdr), which was adopted by the National Assembly of the Republic of Slovenia at its session on 15 July 2008.
p.(None): No. 003-02-7 / 2008-12
p.(None): Ljubljana, 23 July 2008
p.(None): dr. Danilo Türk l.r.
p.(None): The President
p.(None): Of the Republic of Slovenia
p.(None): THE LAW
p.(None): ON MENTAL HEALTH (ZDZdr)
p.(None): I. GENERAL PROVISIONS
p.(None): Article 1
p.(None): (1) This Act determines the system of health and social care in the field of mental health, the holders of this activity and the rights of a person during treatment in
p.(None): ward under special supervision of a psychiatric hospital, treatment in a protected ward of a social welfare institution and in supervised treatment.
p.(None): (2) This Act determines the procedures for the admission of a person:
p.(None): - for treatment in a ward under the special supervision of a psychiatric hospital;
p.(None): - for consideration in the protected ward of the social welfare institution;
p.(None): - to supervised treatment;
p.(None): - for consideration in the community.
p.(None): (3) Notwithstanding the provisions of this Act, in the event of violations of the rights of a person as a user of health services by providers (hereinafter
p.(None): text: provider) health activities, apply the provisions of the law governing patients' rights.
p.(None): Article 2
p.(None): The terms used in this Act have the following meaning:
p.(None): 1. Acute hospital treatment is hospital treatment for an acute mental disorder or an acute exacerbation of a chronic mental disorder.
p.(None): 2. A person's home environment is the environment or space where a person lives. As a rule, this is her home, but it can also be a residential community or other living space.
p.(None): 3. Mental disorder is a temporary or permanent disorder of brain function that manifests as altered thinking, feeling, perceiving, behaving, and perceiving oneself and the environment.
p.(None): Inadequacy to the moral, social, political or other values of society is not in itself considered a mental disorder.
p.(None): 4. Mental health is the condition of an individual (hereinafter: the individual), which is reflected in his thinking, emotions, perception, behavior and
p.(None): perception of self and the environment.
p.(None): 5. The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital by a decision
p.(None): determined by the court.
p.(None): 6. A community treatment coordinator is an individual appointed by the social work center to monitor and coordinate community treatment for an individual.
...
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
p.(None): - adult children or adopted children,
p.(None): - parents or adoptive parents,
p.(None): - adult siblings,
p.(None): - grandparents,
p.(None): - adult grandchildren.
p.(None): 11. Treatment is the process of providing health, social care or other services and programs.
p.(None): 12. A ward under special supervision is a ward of a psychiatric hospital for intensive care where a person, for health reasons and endangering his or her life or
p.(None): the lives of others, seriously endangering one's own health or the health of others, causing serious property damage to oneself or others may restrict movement.
p.(None): 13. A person is an individual with a mental disorder who is being treated or treated in a network of providers of mental health programs and services.
p.(None): 14. A person with a severe and recurrent mental disorder is an individual who is less able to actively integrate into their environment due to a long-term mental disorder.
p.(None): 15. Psychiatric hospital is a psychiatric clinic, psychiatric hospital or psychiatric department of a general hospital that performs specialist hospital and specialist
p.(None): outpatient treatment and counseling in the field of psychiatry.
p.(None): 16. A social welfare institution is a general or special public social welfare institution or concessionaire that provides services within the public service network and is intended for the protection, residence and
p.(None): the lives of persons whose acute hospital treatment related to a mental disorder has been completed or for whom hospital treatment is not necessary.
p.(None): 17. A protected ward is a ward in a social welfare institution where, due to their needs, persons continuously receive special protection and protection and cannot leave the institution after
p.(None): of their own free will.
p.(None): 18. A representative of the rights of persons in the field of mental health (hereinafter: the representative) is an individual who protects the rights, interests and benefits of a person.
p.(None): Article 3
p.(None): (1) Any form of neglect based on a mental disorder is prohibited.
p.(None): (2) During the treatment, the person shall be guaranteed the protection of his or her personal dignity and other human rights and fundamental freedoms, individual treatment and equal access to
p.(None): hearings.
p.(None): Article 4
p.(None): (1) The network of providers providing mental health programs and services (hereinafter: the network) within the public service shall consist of:
p.(None): - psychiatric treatment providers,
p.(None): - providers of social protection programs and services,
p.(None): - providers of supervised treatment,
p.(None): - community treatment providers.
p.(None): (2) Providers of psychiatric treatment are:
p.(None): - psychiatric hospitals,
p.(None): - psychiatric clinics with a concession to perform medical activities,
p.(None): - clinics for clinical psychology with a concession to perform medical activities,
p.(None): - specialist doctors with a concession to provide psychiatric treatment,
p.(None): - psychologists specializing in clinical psychology with a concession to perform medical activities,
p.(None): - selected personal physicians with a concession.
p.(None): Psychiatric treatment providers work closely together and link their activities at the primary, secondary and tertiary levels.
p.(None): (3) Providers of social protection services and programs are:
p.(None): - public social welfare institutions with protected wards,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services.
p.(None): (4) The providers of supervised treatment are:
p.(None): - psychiatric treatment providers,
p.(None): - legal and natural persons with a concession to perform health care activities.
p.(None): (5) The providers of community treatment are:
p.(None): - public social welfare institutions,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services,
p.(None): - providers of social protection programs and services that provide services or programs in the field of mental health,
p.(None): - psychiatric treatment providers,
p.(None): - non-governmental organizations in the field of mental health that meet the conditions for the provision of public service under the law governing social protection.
p.(None): (6) Non-governmental organizations in the field of mental health shall, in the context of community treatment, perform in particular the following programs:
p.(None): - counseling, self-help and education,
p.(None): - running day centers,
p.(None): - running consultancy offices,
p.(None): - housing and living groups,
p.(None): - help and support in learning and studying,
p.(None): - work with families,
p.(None): - conducting social and life skills trainings,
p.(None): - organization of leisure activities,
p.(None): - employment centers with support employment,
p.(None): - job training.
p.(None): Article 5
p.(None): (1) The staffing, technical and spatial conditions of psychiatric treatment providers and the procedure for their verification shall be determined by the Minister or Minister responsible for health (in
p.(None): hereinafter referred to as the Minister).
p.(None): (2) The staffing, technical and spatial conditions of providers of social protection programs and services and providers of community treatment and the procedure for their verification shall be determined by the Minister.
p.(None): or the Minister responsible for social welfare (hereinafter: the Minister of Social Welfare), in agreement with the Minister.
p.(None): Article 6
p.(None): The Republic of Slovenia pays special attention to mental health by encouraging the development of public awareness programs regarding prevention, recognition and treatment
p.(None): mental disorders.
p.(None): Article 7
p.(None): (1) Development goals and needs in the field of prevention, psychiatric treatment, comprehensive social protection treatment, controlled treatment and community treatment shall be
p.(None): defined by the national mental health protection program for a period of at least five years (hereinafter referred to as the national program).
p.(None): (2) The national program shall contain:
p.(None): - a strategy for the development of mental health protection,
p.(None): - an action plan for the protection of mental health,
p.(None): - objectives, organization, development and tasks of contractors,
p.(None): - a network of providers of mental health programs and services,
p.(None): - task holders for the implementation of the national program.
p.(None): Article 8
p.(None): (1) The treatment of a person shall be carried out in accordance with professionally verified methods and internationally recognized standards.
p.(None): (2) The medical intervention must be proportionate to its purpose. Among several possible medical interventions that have comparable effects, the one that is the least is selected or proposed
p.(None): interferes with a person's personal integrity, least restricts his or her personal liberty and has the least side effects.
p.(None): Article 9
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p.(None): II. RIGHTS OF A PERSON IN A DEPARTMENT UNDER SPECIAL CONTROL, IN A SECURED DEPARTMENT AND IN CONTROLLED TREATMENT
p.(None): 1. General
p.(None): Article 12
p.(None): (1) During a hearing in a ward under special supervision, in a secure ward and in a supervised hearing, a person shall be guaranteed respect for human rights and fundamental rights.
p.(None): freedoms, in particular her personality, dignity and mental and physical integrity.
p.(None): (2) The rights guaranteed to a person in a ward under special supervision and a protected ward are:
p.(None): - the right to correspond and use e-mail,
p.(None): - the right to send and receive consignments,
p.(None): - the right to receive visits,
p.(None): - the right to use the telephone,
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): (3) The rights guaranteed to a person under supervised treatment are:
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): Article 13
p.(None): (1) The restriction of the rights referred to in the preceding Article, with the exception of the right to a representative, shall be admissible if this is absolutely necessary because the person endangers his own life or the lives of others or endangers his own
p.(None): the health or health of others or causes serious property damage to oneself or others. The right may be restricted only to the extent strictly necessary to achieve the purpose for which it is intended
p.(None): the right is limited. When restricting rights, the mildest measure shall be used and implemented for the shortest possible time.
p.(None): (2) The decision on the restriction of rights on the proposal of the director of a psychiatric hospital or social welfare institution shall be made within two days of receipt of the proposal by a decision in a non-litigious procedure
p.(None): the court in the area of which the psychiatric hospital or social welfare institution is located. Before issuing a decision, the court shall hear the person, unless this is not the case due to his or her state of health
p.(None): possible. The decision, which contains the reasons, the type and duration of the restrictions, shall be served on the applicant, the person, the lawyer, the legal representative, the nearest person and the representative.
p.(None): Article 14
p.(None): Individuals referred to in the second paragraph of the previous article and a psychiatric hospital or social welfare institution may appeal against the decision referred to in the previous article within three days of
p.(None): service of a court order. An appeal shall not stay the execution of the decision.
p.(None): Article 15
p.(None): (1) Minors shall be provided with special care and protection of their rights during the hearing.
p.(None): (2) As a rule, a minor shall not be admitted for treatment to a ward under special supervision together with adults, unless this would be useful for him.
p.(None): Article 16
p.(None): (1) The receiving doctor in a psychiatric hospital or an individual who admits a person for treatment in a protected ward of a social welfare institution shall instruct the person orally and in writing about
p.(None): its rights under this Act.
p.(None): (2) The psychiatric hospital or social welfare institution shall publish in a visible place the list of rights that the person has under this Act and the house rules. The list also includes business
p.(None): addresses and telephone numbers of the representatives in charge of the area in which the psychiatric hospital or social welfare institution operates.
p.(None): (3) The rights and data referred to in the preceding paragraph shall also be summarized in a special leaflet, which shall be handed over to the person upon admission to the ward under special supervision and to the protected ward.
p.(None): Article 17
p.(None): (1) A person has the right to protection in a social and residential environment, which is as unrestricted as possible, and to treatment in the least restrictive and intrusive manner available, taking into account
p.(None): taking into account her state of health and the need to ensure the safety of others.
p.(None): (2) When considering a person, his will shall be taken into account if it is in his favor.
p.(None): Article 18
p.(None): (1) Providers of mental health programs and services are obliged to protect, as a professional secret, everything they learn about a person in the course of their profession or work, in particular information about
p.(None): her state of health, personal, family and social circumstances, and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (2) The information protection obligations referred to in the preceding paragraph may be dismissed by the provider of mental health programs and services in accordance with the provisions of the law governing patients
p.(None): rights.
p.(None): 2. The right to correspond, to receive shipments and visits, and to use the telephone
p.(None): Article 19
p.(None): (1) Correspondence shall be enabled for a person, ensuring the secrecy of the content of messages of all forms of correspondence. The person has the right to use e-mail according to the possibilities
p.(None): in a psychiatric hospital or social welfare institution.
p.(None): (2) A person has the right to receive documents from state bodies, local community bodies, holders of public authority and a lawyer and to address them with applications for the protection of his / her
p.(None): rights and legal benefits through a psychiatric hospital and social welfare institution in sealed envelopes.
p.(None): (3) A person has the right to receive and send consignments through a psychiatric hospital and a social welfare institution. A person can accept shipments of food, money, laundry,
p.(None): personal and other objects and newspapers and books.
p.(None): (4) Supervision over the content of received consignments referred to in the preceding paragraph in the presence of a person shall be performed by employees authorized by the director of the psychiatric hospital or social
p.(None): a care institution if the safety of a person, others or a psychiatric hospital or a social care institution is endangered.
p.(None): Article 20
p.(None): (1) A person shall be allowed telephone conversations.
p.(None): (2) The costs of telephone conversations shall be covered by the person.
p.(None): Article 21
p.(None): (1) A person has the right to receive visits in accordance with the house rules of a psychiatric hospital or social welfare institution.
p.(None): (2) A person may be allowed to visit the nearest person and others at least twice a week.
p.(None): (3) Visits to a person shall, as a rule, be carried out in special, suitably equipped premises. The visit may be interrupted only if it adversely affects the health condition of the person, if the person or hers
p.(None): the visitor disturbs others or if the safety of a person, others or a psychiatric hospital or social welfare institution is endangered.
p.(None): (4) An appeal against the termination of the visit referred to in the preceding paragraph may be lodged with the director of a psychiatric hospital or social welfare institution.
p.(None): 3. Right to move
p.(None): Article 22
p.(None): A person has the right to move in a ward under special supervision, in a secure ward and in supervised treatment, unless otherwise provided by this Act.
p.(None): 4. Right to an agent
p.(None): Article 23
p.(None): In proceedings under special supervision, in a secure ward and in supervised hearing, a person has the right to a representative.
p.(None): Article 24
p.(None): (1) The representative shall perform the following tasks in particular:
p.(None): - informs the person in an appropriate manner about the content of the rights referred to in Article 12 of this Act, the methods and possibilities of exercising them,
p.(None): - gives concrete guidelines for exercising the rights referred to in Article 12 of this Act and proposes possible solutions,
p.(None): - advises the person regarding the exercise of the rights referred to in Article 12 of this Act,
p.(None): - strives to respect the rights referred to in Article 12 of this Act and the privacy of the person,
p.(None): - verifies whether the person is kept records on the restriction of the rights of persons referred to in the first paragraph of Article 99 of this Act, records on the use of special protective measures referred to in the second paragraph
p.(None): Article 99 of this Act and records on treatment with special methods of treatment referred to in Article 100 of this Act.
p.(None): (2) Within the tasks referred to in the preceding paragraph, the representative shall respect the wishes of the person, provided that these are not harmful to the person.
p.(None): (3) In exercising the rights of a person as a user of health services at health care providers, the representative may cooperate with the representative of the patient's rights in accordance with
p.(None): the law governing patients ’rights. A representative may also perform the duties of a representative of patients 'rights if he is appointed in accordance with the law governing patients' rights.
p.(None): (4) The representative is obliged to protect as a professional secret everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health, personal, family and
p.(None): social conditions and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): Article 25
p.(None): (1) An individual who meets the following conditions may be appointed as a representative:
p.(None): - has at least a university degree,
p.(None): - has passed the examination for a representative,
p.(None): - has five years of work experience in the field of mental health,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 26
p.(None): (1) The representative shall be appointed and dismissed by the Minister of Social Welfare on the basis of a public invitation and after a prior opinion of the Minister. The decision on the appointment of a representative shall also specify
p.(None): the psychiatric hospital in the area in which it operates.
p.(None): (2) The Minister of Social Welfare shall determine the more detailed manner and procedure of selection on the basis of a public invitation in a public invitation.
p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
p.(None): (4) The ministry responsible for social welfare shall publish on its website a list of representatives, which shall contain the following information on representatives:
p.(None): - Personal name,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (5) The Minister of Social Welfare shall supervise the work of the representative.
p.(None): Article 27
p.(None): (1) The person shall choose a representative from the list of representatives referred to in the fourth paragraph of the previous article with a written authorization. If the person does not choose a representative, he may authorize him to do so
p.(None): the closest person. The authorization referred to in this paragraph may be revoked at any time by a person in any way.
p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
p.(None): (3) The psychiatric hospital where the agent works shall provide office space for the uninterrupted work of the agent.
p.(None): (4) Providers of mental health programs and services shall provide the agent with access to a person in all premises where treatment or treatment is provided, and access to
p.(None): records referred to in Articles 99 and 100 of this Act.
p.(None): Article 28
p.(None): (1) A representative shall be entitled to remuneration for his work and to reimbursement of expenses incurred in the performance of his duties.
p.(None): (2) The criteria for determining the amount of the award shall be determined by the Minister of Social Welfare.
p.(None): (3) Funds for the operation of representatives shall be provided from the funds of the ministry responsible for social welfare.
p.(None): III. SPECIAL PRECAUTIONS
p.(None): Article 29
p.(None): (1) A special protective measure is an urgent measure that is applied for the purpose of enabling the treatment of a person or for the purpose of eliminating or controlling the dangerous behavior of a person when
p.(None): her life or the lives of others are endangered, her health or the health of others is seriously endangered or she causes serious property damage to herself or others and no threat is possible
p.(None): prevented by another, milder measure.
p.(None): (2) Special protective measures shall be applied in wards under special supervision and secured wards.
p.(None): (3) Special protective measures are physical obstruction with belts and restriction of movement within one room.
p.(None): (4) The special protective measure shall be applied only exceptionally and may last only for as long as is strictly necessary depending on the reason for its introduction, whereby the special protective measure
p.(None): physical restraint with belts may not last more than four hours, and a special protective measure restricting freedom of movement within one room shall not exceed 12 hours. After the expiration of the above
p.(None): period, the doctor shall check the justification of the reintroduction of the special protective measure.
p.(None): (5) A person with whom a special protective measure has been applied shall be supervised, his vital functions monitored and professionally treated throughout the duration of the special protective measure.
p.(None): Detailed information on the reason, purpose, duration and control over the implementation of the measure shall be entered in the person's medical documentation on the implementation of the special protective measure. Oh
p.(None): the implementation of special protective measures by psychiatric hospitals and social welfare institutions shall keep records in accordance with the second paragraph of Article 99 of this Act.
p.(None): (6) The doctor who orders such a measure shall notify the director of the psychiatric hospital in writing of the ordering and implementation of a special protective measure no later than 12 hours from the ordering of the measure.
p.(None): or the social welfare institution, the nearest person, a lawyer and a representative. A minor or an adult deprived of legal capacity shall also be informed
p.(None): legal representative.
p.(None): (7) If the doctor is not present at the person, a special protective measure may also be introduced by another health care worker (hereinafter: health care worker) in
p.(None): psychiatric hospital or professional worker or professional worker (hereinafter: professional worker) in a social welfare institution, but immediately informs about it
p.(None): the doctor, who shall without delay decide on the justification of the introduction of the measure. If the doctor does not order the measure, the implementation of the measure is stopped immediately. Medical or professional worker about the notification
p.(None): make a written note to the doctor.
p.(None): (8) A person, a lawyer, a legal representative, the closest person and a representative may propose the implementation of administrative control over the order and the implementation of a special protective measure in accordance with
p.(None): regulations governing administrative control in health care.
p.(None): IV. PROCEEDINGS BEFORE THE COURT
p.(None): Article 30
p.(None): (1) The competent court shall decide on matters under this Act in non-litigious proceedings.
p.(None): (2) Proceedings before a court under this Act are:
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent based on a court order,
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent in emergencies,
p.(None): - the procedure for admission to the protected ward of a social welfare institution without consent on the basis of a court decision,
p.(None): - the procedure for admission to supervised treatment without consent based on a court decision.
p.(None): Article 31
p.(None): (1) In all proceedings before the courts under this Act, it is obligatory to represent a person by a proxy who is a lawyer (hereinafter: a lawyer).
p.(None): (2) A lawyer shall be authorized by a legal representative for a minor and an adult who has been deprived of legal capacity, unless the procedure was initiated on his proposal. In that
p.(None): the case of a lawyer is set by the court.
p.(None): Article 32
p.(None): (1) A participant in proceedings before a court is a person and individuals and bodies or organizations to whom this Act gives the right to participate in proceedings. The court gives to everyone
p.(None): participants in the procedure have the opportunity to state their views on the statements of other participants or to participate in the procedure.
p.(None): (2) In the procedure, the rights and legal interests of a minor or a person who, due to a mental disorder or other circumstances, is unable to take care of his or her own, must be protected.
p.(None): rights and interests. If a person is not legally capable, the court enables him to perform procedural acts independently, if he is able to understand the meaning and legal consequences of such acts.
p.(None): The court shall hear the person, unless, on the basis of direct contact with the person, it considers that this is not possible in view of his or her state of health.
p.(None): Article 33
p.(None): (1) Proceedings before a court under this Act are necessary.
...
p.(None): also a person if this is possible in view of his state of health. A person who is unable to attend a hearing due to his or her medical condition may be heard where he or she resides.
p.(None): (2) The proposer, the person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be restricted in full or in part by a court on the proposal of an expert, if harmful
p.(None): consequences for her health or the confidentiality or safety of others. The decision, against which there is no special appeal, is served on the lawyer and legal representative.
p.(None): Article 48
p.(None): (1) If, after the evidentiary procedure has been carried out, the court finds that the conditions referred to in the first paragraph of Article 39 for admission to a ward under special supervision have been met, it shall decide by a resolution,
p.(None): that the person be admitted to the ward under special supervision and also determine the period of detention, which may not exceed six months, and the psychiatric hospital that is to admit the person.
p.(None): (2) If the court finds that the conditions referred to in Article 75 of this Act for admission to the protected ward without consent are met, it shall decide by a resolution to admit the person to the protected ward. V
p.(None): the decision shall also determine the period of detention in the secure ward, which may not exceed one year, and the social welfare institution that is to receive the person.
p.(None): (3) If the court finds that the conditions referred to in the second paragraph of Article 80 of this Act for admission to supervised treatment are met, it shall decide by a resolution that the person be admitted to
p.(None): supervised treatment for a period not exceeding six months. In the decision, the court on the proposal of a psychiatric hospital in the area of which the person has a permanent or temporary
p.(None): residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, also appoint a supervised treatment coordinator, and
p.(None): the type and scope of his powers referred to in the fourth paragraph of Article 87 of this Act.
p.(None): (4) By a decision referred to in the first, second and third paragraphs of this Article, the court may restrict the person's rights referred to in the second and third paragraphs of Article 12 of this Act.
p.(None): (5) If the court finds that the conditions for admission referred to in the first, second and third paragraphs of this Article are not met, it shall reject the proposal by a resolution.
p.(None): (6) The decision referred to in the first, second, third and fifth paragraphs of this Article shall be issued by the court no later than three days after the end of the hearing.
p.(None): Article 49
p.(None): The court shall serve the decision referred to in the preceding Article on the participants who have the right to appeal in accordance with the second paragraph of Article 50 of this Act.
p.(None): Article 50
p.(None): (1) An appeal may be lodged against the decision referred to in Article 48 of this Act within three days of the service of the decision. An appeal shall not stay the execution of the decision.
p.(None): (2) An appeal may be lodged by the applicant, the person, the lawyer, the psychiatric hospital or the social welfare institution to which the person is to be admitted, the coordinator of the supervised treatment,
p.(None): legal representative, nearest person and social work center, if the person has been treated.
p.(None): (3) The court of second instance shall decide on the appeal within three days of receiving the appeal.
p.(None): (4) Revision is allowed against the decision of the court of second instance.
p.(None): Article 51
p.(None): (1) The costs of the procedure for the presentation of evidence, the interpreter and the lawyer of the person shall be previously covered from the funds of the court.
p.(None): (2) If the court rejects the application for admission, the costs of the procedure shall be borne by the applicant. If the applicant is a psychiatric treatment provider, social work center, coordinator
p.(None): supervised hearings or the public prosecutor's office, the costs of the proceedings are covered by the court.
p.(None): (3) If the court grants the proposal for admission, the costs of the procedure shall be covered from the court's funds, except for the costs of a possible proxy of the proposer, which shall be covered by the proposer.
p.(None): Article 52
p.(None): (1) On the basis of the decision on admission referred to in the first and second paragraphs of Article 48 of this Act, the psychiatric hospital or social welfare institution shall, within three days from the service of the decision
p.(None): invites the person to report to a psychiatric hospital or social welfare institution on a certain day, no later than seven days after the summons. A copy of the summons shall also be sent to the court which
p.(None): issued a decision, and the person's lawyer.
p.(None): (2) If a person does not come to a psychiatric hospital or social welfare institution on a certain day and does not justify his absence, the director of the psychiatric hospital or social welfare institution
p.(None): the protection institution shall inform the court that issued the decision, the selected personal doctor and the person's lawyer and order the transport of the person by ambulance. Director of Psychiatry
p.(None): the hospital or social welfare institution may request the assistance of the police in carrying out emergency transport.
p.(None): (3) If it has not been possible to execute the court's decision in the manner referred to in the preceding paragraph, the director of the psychiatric hospital or social welfare institution shall inform the court thereof. If
p.(None): the court finds that the summons for admission to the ward under special supervision or to the protected ward has been properly served, orders the transfer.
p.(None): b) Admission to treatment without consent in emergencies
p.(None): Article 53
p.(None): A person may be admitted to a ward under special supervision without consent and before the issuance of a court decision, if the conditions referred to in the first paragraph of Article 39 of this
p.(None): of the law, when due to the nature of the person's mental disorder it is absolutely necessary to restrict his / her freedom of movement or to prevent contact with the environment before the procedure for admission is carried out.
p.(None): without the consent referred to in Articles 40 to 52 of this Act.
p.(None): Article 54
p.(None): (1) The admission referred to in the preceding Article shall be carried out on the basis of a referral from a selected personal doctor, psychiatrist or other doctor who has examined the person, if he finds that they have been given.
p.(None): reasons referred to in the previous article. The referral, which may not be more than three days old, shall be accompanied by a report on the person's state of health, stating in particular the circumstances from which it arises,
p.(None): that admission is necessary.
p.(None): (2) Notwithstanding the preceding paragraph, a person may be admitted to a ward under special supervision even without a referral, in the case referred to in Article 57 of this Act.
p.(None): Article 55
p.(None): (1) A doctor who refers a person to a psychiatric hospital shall, if necessary, order transport by ambulance. A doctor can be a person who has been referred to a psychiatric hospital and for whom it is
p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
p.(None): (2) A doctor who refers a person to a psychiatric hospital may, in carrying out detention and ordering transport by ambulance in accordance with the regulation referred to in the second paragraph of Article 56 of this Article.
p.(None): law requires police assistance.
p.(None): (3) When transporting a person by ambulance, the doctor who referred the person to a psychiatric hospital or another health care professional designated in writing by the said doctor shall be present.
p.(None): Article 56
p.(None): (1) When this Act stipulates that a doctor or director of a psychiatric hospital or social welfare institution may request the assistance of the police, the police shall be obliged to co-operate with
p.(None): medical staff and the emergency medical service and to provide them with the necessary assistance until the threat posed by the person can be limited by medical measures.
p.(None): (2) The manner of cooperation between the medical staff and the ambulance service and the police shall be determined by the Minister in agreement with the Minister responsible for the interior.
p.(None): Article 57
p.(None): (1) If the police, when intervening in a public place, in private premises or in the pursuit of a foreign citizen, for whom a warrant or search has been issued, presumes that they are with a person
p.(None): given the reasons referred to in Article 53 of this Act, it shall immediately inform the emergency medical service.
p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
...
p.(None): (5) During the visit, the expert shall examine the person and give an opinion on his / her state of health on the record, which shall also contain an assessment of whether there is a possibility of treatment in supervised treatment.
p.(None): or admission to the secure ward.
p.(None): Article 63
p.(None): (1) If, during the visit of the person referred to in the preceding Article, the court finds that in order to determine whether the reasons for detention in the ward under special supervision are given, further
p.(None): medical examination, decides by an interim injunction that the person remains under observation in the ward under special supervision for a maximum of two days from the date of the issuance of the interim injunction.
p.(None): (2) There is no special appeal against the decision on the interim injunction.
p.(None): Article 64
p.(None): (1) During the visit, the court shall hear an expert, but may also hear a legal representative, the closest person, the attending physician and others who could provide information relevant to the decision.
p.(None): (2) The person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be limited under the conditions referred to in the third paragraph of Article 47 of this Act.
p.(None): Article 65
p.(None): (1) Within three days after the visit of a person, the court shall issue a decision by which it decides that:
p.(None): - keep the person in the ward under special supervision,
p.(None): - dismisses a person from the ward under special supervision,
p.(None): - order the person to be admitted to a protected ward of a social welfare institution, or
p.(None): - the person is ordered a supervised treatment.
p.(None): (2) By a decision referred to in the first, third and fourth indents of the preceding paragraph, the court may restrict the person's rights referred to in the second and third paragraphs of Article 12 of this Act.
p.(None): (3) The provisions of the first, second and third paragraphs of Article 48 of this Act shall apply mutatis mutandis to the issuance of resolutions referred to in the first paragraph of this Article.
p.(None): Article 66
p.(None): The court shall serve the decision referred to in the preceding Article on the participants who have the right to appeal in accordance with the first paragraph of Article 67 of this Act.
p.(None): Article 67
p.(None): (1) A person, a lawyer, a legal representative, the nearest person, a psychiatric hospital in which a person is detained or is detained may appeal against the decision referred to in Article 65 of this Act.
p.(None): authorized to propose the coordinator of the supervised treatment, and the social welfare institution in which the person is admitted to the protected ward, within three days from the day
p.(None): service of the decision.
p.(None): (2) The appeal shall not suspend the execution of the decision.
p.(None): (3) The court of second instance shall decide on the appeal within three days of receiving the appeal.
p.(None): (4) Revision is allowed against the decision of the court of second instance.
p.(None): Article 68
p.(None): The costs of the proceedings are covered by the court.
p.(None): 1.3 Extension of detention, release and transfer from a ward under special supervision
p.(None): Article 69
p.(None): A person's detention in a ward under special supervision shall be extended, transferred to a secure ward or discharged from a ward under special supervision if the conditions under this
p.(None): the law. The treating physician shall regularly inform the person of the reasons for the extension of the detention, transfer or release.
p.(None): Article 70
p.(None): (1) If the director of a psychiatric hospital finds that in order to avert the threat due to the causes referred to in the first paragraph of Article 39 of this Act, further treatment in
p.(None): ward under special supervision, at least 14 days before the expiry of the time limit referred to in the court decision, proposes to the court that the detention in the ward under special supervision be extended.
p.(None): (2) In the procedure for the extension of detention in a ward under special supervision, the provisions of this Act on admission to treatment without consent on the basis of a resolution shall apply mutatis mutandis.
p.(None): courts.
p.(None): (3) The court may extend the period of detention in a ward under special supervision for a maximum of six months at a time.
p.(None): Article 71
...
p.(None): (2) A person or his lawyer may, before the expiry of the time limit specified in the court decision on detention, propose to the court that the person be dismissed. The dismissal of the person may also be proposed by the nearest
p.(None): person and legal representative.
p.(None): (3) If the court rejects the proposal for dismissal, it may determine in the decision the deadline by which a new proposal for dismissal cannot be filed, if due to the circumstances related to the health condition of the person
p.(None): it follows that no improvement in her state of health can be expected before the expiry of that period.
p.(None): (4) The time limit referred to in the preceding paragraph may not exceed one month and shall run from the day the decision is issued.
p.(None): (5) If the motion for dismissal is filed before the expiry of the time limit referred to in the preceding paragraph, the court shall reject the motion.
p.(None): (6) The court may also initiate the procedure for dismissal referred to in this Article ex officio.
p.(None): (7) If the procedure for dismissal is initiated ex officio, the costs of the procedure shall be covered from the court's resources. If the procedure for dismissal is initiated on the basis of the proposal referred to in the second paragraph
p.(None): of this Article, the costs of the procedure shall be covered in accordance with Article 51 of this Act. With regard to other issues, the provisions of this Act on admission to
p.(None): treatment without consent based on a court order.
p.(None): Article 72
p.(None): The person shall be transferred to a secure ward in accordance with the provisions of Article 76 of this Act.
p.(None): 2. Admission procedure to the protected ward of a social welfare institution
p.(None): Article 73
p.(None): Admission of a person to the protected ward of a social welfare institution (hereinafter: the protected ward) shall be carried out with or without the consent of the person under the conditions determined by
p.(None): that law.
p.(None): 2.1 Acceptance with consent
p.(None): Article 74
p.(None): (1) A person is admitted to a secure ward with consent if all of the following conditions are met:
p.(None): - if acute hospital treatment is completed or not required,
p.(None): - if he needs constant care and protection that cannot be provided in the home environment or in any other way,
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct,
p.(None): - if the stated causes and threats referred to in the third and fourth indents of this paragraph cannot be averted by other forms of assistance (outside the social welfare institution, in the controlled
p.(None): hearing),
p.(None): - if he meets other conditions for admission to a social welfare institution, which are determined by regulations in the field of social welfare.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of the nature and purpose
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
p.(None): (3) A person who has consented to admission to the protected ward may at any time, explicitly or by acts from which it can be inferred, revoke the consent and request that he be dismissed from
p.(None): protected compartment. In this case, the person must be released immediately. The social welfare institution does the same in the event that the consent is revoked by the legal representative.
p.(None): 2.2 Admission without consent
p.(None): Article 75
p.(None): (1) If the person with whom the conditions for admission referred to in the first paragraph of the preceding Article are met does not consent to admission, admission to the protected ward shall be admissible on the basis of a decision
p.(None): courts.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a protected ward on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): A proposal for the admission of a person to a protected ward may also be submitted by a social welfare institution.
p.(None): (3) The proposal for admission to the protected ward on the basis of a court decision shall be accompanied by the opinion of the social welfare institution on the fulfillment of the conditions for admission, unless the procedure has been
p.(None): started at his suggestion.
p.(None): Article 76
p.(None): (1) A person who has been admitted to a ward under the special supervision of a psychiatric hospital in accordance with the provisions of this Act may, subject to the fulfillment of the conditions referred to in Articles 74 and 75,
p.(None): of this Act shall be transferred to a secure ward before the expiry of the period of detention in a psychiatric hospital.
p.(None): (2) Transfer from a ward under the special supervision of a psychiatric hospital to a protected ward may be carried out with the consent of the person, whereby an opinion must be obtained in advance.
p.(None): the social welfare institution to which the person is to be transferred, on the fulfillment of the conditions for admission, or on the basis of a court decision. In the process of relocation it makes sense
p.(None): apply the provisions of this Act on admission to a secure ward without consent on the basis of a court order.
p.(None): Article 77
p.(None): (1) Detention in a secure ward on the basis of a court decision may be determined for a maximum of one year.
p.(None): (2) If the director of a social welfare institution finds that in order to avert a threat due to the reasons referred to in the first paragraph of Article 74 of this Act, further detention in
p.(None): at least 14 days before the expiry of the time limit from the court decision, proposes to the court that the detention in the protected ward be extended. In the process of extending the detention
p.(None): apply mutatis mutandis the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 78
p.(None): (1) The provisions of Article 71 of this Act shall apply mutatis mutandis to the procedure of dismissal from the protected ward.
p.(None): (2) A person who has been admitted to a protected ward on the basis of a court decision may be transferred to a ward under the special supervision of a psychiatric hospital, whereby
p.(None): apply the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 79
p.(None): In the procedure of deciding on admission and transfer to a protected ward on the basis of a court decision, the court takes into account the wishes and personal wishes of the social welfare institution in determining it.
p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
...
p.(None): Article 90
p.(None): Funds for the implementation of the supervised treatment plan are provided from the funds of the compulsory health insurance.
p.(None): 4. Community treatment
p.(None): 4.1 Conditions for the treatment of a person in the community
p.(None): Article 91
p.(None): (1) Community treatment is the provision of assistance to persons who no longer need treatment in a psychiatric hospital or supervised treatment, but need assistance in
p.(None): psychosocial rehabilitation, daily tasks, regulation of living conditions and integration into everyday life on the basis of a treatment plan.
p.(None): (2) A person who consents in writing to the community treatment plan may be heard in the community.
p.(None): 4.2 Community treatment plan
p.(None): Article 92
p.(None): (1) A plan of treatment in the community shall be prepared for the person to be treated in the community, which shall be adopted by the center for social work on the proposal of the coordinator of the treatment in the community.
p.(None): (2) The proposal of the community treatment plan shall be prepared by the community treatment coordinator in cooperation with a person and a multidisciplinary team consisting of a psychiatrist, a community health care provider
p.(None): nurse, a representative of the center for social work and non-governmental organizations, the closest person and others who may influence the course of treatment in the community, and appointed by the center for social work
p.(None): work.
p.(None): (3) The community treatment coordinator and the community treatment providers shall cooperate with each other in the implementation of the community treatment plan.
p.(None): (4) Funds for the implementation of the community treatment plan shall be provided from the funds of the ministry responsible for social welfare.
p.(None): (5) The manner and content of treatment in the community shall be determined in more detail by the Minister of Social Welfare with the consent of the Minister.
p.(None): 4.3 Community hearing coordinator
p.(None): Article 93
p.(None): (1) The coordinator of the treatment in the community is an individual appointed by the competent center for social work to monitor and coordinate the treatment in the community for an individual person.
p.(None): (2) If the coordinator of the community hearing no longer meets the conditions referred to in the first paragraph of Article 94 or the first paragraph of Article 95 of this Act, or if he does not perform his duties in accordance with
p.(None): this Act, the Center for Social Work shall appoint another coordinator.
p.(None): Article 94
p.(None): (1) An individual who meets the following conditions may be appointed as a coordinator of community hearings:
p.(None): - has at least a university degree in health, psychology, social, pedagogical or other relevant fields,
p.(None): - has passed the examination for community treatment coordinator,
p.(None): - has three years of work experience in the field of mental health or social care,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 95
p.(None): (1) The coordinator of the treatment in the community is employed at the center for social work, which professionally supervises its work.
p.(None): (2) Funds for the work of community treatment coordinators shall be provided from the funds of the ministry responsible for social welfare.
p.(None): Article 96
p.(None): (1) The community treatment coordinator shall perform the following tasks in particular:
p.(None): - prepare, coordinate and supervise the implementation of the community treatment plan,
p.(None): - organizes and leads the multidisciplinary team referred to in the second paragraph of Article 92 of this Act,
p.(None): - provides professional and placement support to community treatment providers,
p.(None): - takes care of the records of community hearings.
p.(None): (2) After six months, the community treatment coordinator shall assess the implementation and prepare any amendments to the community treatment plan.
p.(None): (3) The coordinator of community treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (4) The coordinator of the treatment in the community shall perform the tasks with care and in such a way that the person is not exposed to inconveniences as a result.
p.(None): VI. RECORDS AND REPORTING
p.(None): Article 97
p.(None): (1) For the purpose of monitoring the tasks referred to in Article 24 of this Act, the representative shall keep records containing information on:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence of the person,
p.(None): - the type of tasks he performed,
p.(None): - the type of alleged infringement of the rights of the persons he dealt with,
p.(None): - the date of receipt of the notification of the alleged infringement of the rights of the person,
p.(None): - the date and manner of solving or performing the tasks.
p.(None): (2) The representative shall submit to the Minister of Social Welfare no later than 15 March of the current year a regular annual report on the implementation of his tasks for the previous calendar year.
p.(None): (3) The report of the representative referred to in the preceding paragraph shall be given in an anonymised form and may, in addition to statistical data, also contain general findings and recommendations regarding the protection of rights.
p.(None): persons in the field of mental health.
p.(None): Article 98
p.(None): (1) For the purpose of exercising the right to a representative, the ministry responsible for social welfare shall keep records containing the following information on representatives:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence,
p.(None): - scientific or professional title,
p.(None): - information on the appointment and fulfillment of the conditions referred to in Article 25 of this Act,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (2) The representative shall immediately notify the ministry responsible for social welfare of any change in the data referred to in the preceding paragraph.
p.(None): Article 99
p.(None): (1) For the purpose of monitoring the restriction of the rights of persons referred to in Article 12 of this Act, psychiatric hospitals and social welfare institutions shall keep records containing the following information:
p.(None): - the name of the psychiatric hospital or social welfare institution,
p.(None): - personal name, EMŠO and code of the person to whom the decision on restriction of the right was issued,
p.(None): - an indication of the right that has been restricted, the reason for the restriction and the duration of the restriction.
p.(None): (2) For the purpose of monitoring the application of special protective measures referred to in Article 29 of this Act, psychiatric hospitals and social welfare institutions shall keep records containing the following
p.(None): data:
p.(None): - the name of the psychiatric hospital or social welfare institution,
p.(None): - personal name, EMŠO and code of the person to whom the special security measure was applied,
p.(None): - type of special protective measure, reason for introduction or order and duration of the measure,
p.(None): - the personal name and code of the doctor who ordered the special protective measure, or the personal name of the medical or professional worker who introduced the special protective measure,
p.(None): - the personal name of the individual who is informed of the special safeguard measure and his or her relationship with the person.
p.(None): (3) Psychiatric hospitals shall submit to the Minister, and social welfare institutions to the Minister of Social Welfare in an anonymised form a regular annual report on the restriction of the rights of persons and the use of
p.(None): special safeguards no later than 15 March of the current year for the previous calendar year.
p.(None): Article 100
p.(None): (1) For the purpose of monitoring the implementation of special treatment methods referred to in Article 9 of this Act, psychiatric hospitals shall keep records containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, EMŠO and code of the person treated with the special method of treatment,
p.(None): - type of specific treatment method,
p.(None): - date and time of implementation of the specific method of treatment,
p.(None): - personal name and code of the doctor who performed the special method of treatment.
p.(None): (2) Psychiatric hospitals shall submit to the Minister in an anonymised form a regular annual report on the implementation of special methods of treatment no later than 15 March of the current year for the previous year.
p.(None): calendar year.
p.(None): Article 101
p.(None): (1) For the purpose of monitoring the implementation of tasks referred to in Article 87 of this Act, the coordinators of the supervised hearing shall keep records containing:
p.(None): - the name of the psychiatric hospital she proposed,
p.(None): - the date of the appointment of the supervised treatment coordinator,
p.(None): - date of completion of tasks or supervised treatment,
p.(None): - the number of persons he dealt with during a given period.
p.(None): (2) The coordinator of the supervised hearing shall submit to the Minister a regular annual report on the implementation of the supervised hearing no later than 15 March of the current year for the previous calendar year.
p.(None): (3) The report of the supervised treatment coordinator shall be given in an anonymised form and, in addition to statistical data, may also contain general findings and recommendations regarding the protection
p.(None): rights of persons in the field of mental health.
p.(None): Article 102
p.(None): (1) Coordinators of community hearings for the purpose of monitoring the implementation of tasks referred to in Article 96 of this Act shall keep records containing information on the date of commencement of implementation or
p.(None): completion of the community hearing and information on the number of persons he has dealt with in a given period.
p.(None): (2) The coordinator of the community hearing shall submit to the Minister of Social Welfare a regular annual report on the implementation of the community hearing no later than 15 March of the current year for the previous year.
p.(None): calendar year.
p.(None): (3) The report of the coordinator of the community hearing shall be given in an anonymised form and may contain, in addition to statistical data, general findings and recommendations regarding the protection
p.(None): rights of persons in the field of mental health.
p.(None): VII. SUPERVISION
p.(None): Article 103
p.(None): Administrative supervision over the implementation of the provisions of this Act by psychiatric treatment providers shall be performed by the Ministry in accordance with the regulations governing health care activity.
p.(None): Article 104
p.(None): (1) Inspection supervision over the work of psychiatric treatment providers shall be performed by the Health Inspectorate of the Republic of Slovenia.
p.(None): (2) Inspection control over the work of providers of social protection services and programs shall be carried out by the social inspection within the Labor Inspectorate of the Republic of Slovenia.
p.(None): (3) In addition to the supervision referred to in the preceding paragraph, the social inspection shall also carry out inspection supervision over the work of treatment providers in the community in the part relating to social protection
p.(None): services and programs.
p.(None): (4) In carrying out the inspection referred to in the second and third paragraphs of this Article, the provisions of the law governing social protection shall apply mutatis mutandis.
p.(None): VIII. CRIMINAL PROVISIONS
p.(None): Article 105
...
p.(None): care services and programs or a community treatment provider if:
p.(None): - does not meet the personnel, technical and spatial conditions referred to in Article 5 of this Act,
p.(None): - restricts the rights of persons without a court decision or contrary to a court decision (Article 13),
p.(None): - has not published a special list of rights (second paragraph of Article 16),
p.(None): - violates the rights to correspondence, receive and send consignments, use the telephone and receive visits (first, second and third paragraphs of Article 19, first paragraph of Article 20 and first
p.(None): paragraph 21 of Article),
p.(None): - violates the right to movement (Article 22),
p.(None): - violates the right to a representative (Article 23),
p.(None): - fails to provide office space (third paragraph of Article 27),
p.(None): - does not allow the agent access to the person in all premises (fourth paragraph of Article 27),
p.(None): - does not adopt the plan of supervised treatment (first paragraph of Article 89),
p.(None): - does not keep records in accordance with Article 99 of this Act,
p.(None): - does not keep records in accordance with Article 100 of this Act.
p.(None): (2) A fine of 200 to 2,100 euros shall be imposed on an individual who independently performs an activity for the misdemeanor referred to in the preceding paragraph.
p.(None): (3) A fine of 50 to 1,000 euros shall be imposed on the responsible person of a legal person and the responsible person of an individual who independently performs the misdemeanor referred to in the first paragraph of this Article.
p.(None): activity.
p.(None): Article 106
p.(None): A fine of 200 to 2,100 euros shall be imposed on the director of a psychiatric hospital or social welfare institution if:
p.(None): - fails to inform the court and persons in accordance with the third paragraph of Article 38 of this Act,
p.(None): - fails to notify the court in accordance with the second and third paragraphs of Article 52 of this Act,
p.(None): - fails to notify the court in accordance with Article 59 of this Act.
p.(None): Article 107
p.(None): (1) A fine of 200 to 2,100 euros shall be imposed for a misdemeanor on a doctor as an individual or a person in a social welfare institution as an individual if:
p.(None): - does not inform the person about his / her rights or does not hand over a special leaflet (the first and third paragraphs of Article 16),
p.(None): - does not implement a special protective measure in accordance with the second, third, sixth and seventh paragraphs of Article 29 of this Act or implements a special protective measure for a longer period than that
p.(None): determined in the fourth paragraph of Article 29 of this Act,
p.(None): - does not fill in the form in accordance with Article 37 of this Act,
p.(None): - fails to notify the director of the detention of a person in accordance with the second paragraph of Article 38 of this Act,
p.(None): - does not act in accordance with the third paragraph of Article 55 of this Act,
p.(None): - does not fill in the form in accordance with Article 58 of this Act.
p.(None): (2) A fine of 200 to 2,100 euros shall be imposed on a healthcare professional or professional worker for a misdemeanor if he fails to inform the doctor in accordance with the seventh paragraph of Article 29 of this Article.
p.(None): of the law.
p.(None): Article 108
p.(None): (1) A fine of 200 to 2,100 euros shall be imposed for a misdemeanor on the coordinator of supervised treatment as an individual if:
p.(None): - does not prepare a proposal for a plan of supervised treatment (first paragraph of Article 87),
p.(None): - fails to notify the director of the psychiatric hospital or the competent center for social work and the legal representative (first paragraph of Article 88).
p.(None): (2) A fine of 200 to 2,100 euros shall be imposed on an agent as an individual for a misdemeanor if:
p.(None): - does not keep the records referred to in the first paragraph of Article 97 of this Act,
p.(None): - does not submit the report referred to in the second paragraph of Article 97 of this Act.
p.(None): (3) A fine of 200 to 2,100 euros shall be imposed on a community treatment coordinator as an individual for a misdemeanor if:
p.(None): - fails to prepare a community treatment plan in accordance with the first paragraph of Article 96 of this Act,
p.(None): - does not keep the records referred to in the first paragraph of Article 102 of this Act,
p.(None): - does not submit the report referred to in the second paragraph of Article 102 of this Act.
p.(None): IX. TRANSITIONAL AND FINAL PROVISIONS
p.(None): Article 109
p.(None): (1) The implementing regulations referred to in this Act shall be issued within six months of the entry into force of this Act.
p.(None): (2) The Minister of Social Welfare shall appoint representatives within one year of the entry into force of this Act.
p.(None): (3) Psychiatric hospitals shall provide a coordinator of supervised treatment within one year of the entry into force of this Act.
p.(None): (4) The centers for social work shall provide the coordinator of the treatment in the community within one year from the entry into force of this Act.
p.(None): Article 110
p.(None): Psychiatric treatment providers, providers of social care programs and services, and providers of community treatment shall harmonize their activities with the provisions of this Act in
p.(None): six months from the entry into force of the implementing regulations referred to in Article 5 of this Act.
p.(None): Article 111
p.(None): The Government of the Republic of Slovenia shall submit the national program for adoption to the National Assembly of the Republic of Slovenia within one year of the entry into force of this Act.
p.(None): Article 112
p.(None): Judicial proceedings initiated before the application of this Act shall continue and be completed in accordance with the provisions of this Act.
p.(None): Article 113
p.(None): The provisions of Articles 70 to 81 of the Non-litigious Procedure Act (Official Gazette of the SRS, Nos. 30/86 and 20/88 - Corrigendum and Official Gazette) shall cease to apply on the day this Act enters into force.
p.(None): RS, no. 87/02 - SPZ) and the provision of Article 49 of the Health Care Activity Act (Official Gazette of the Republic of Slovenia, No. 23/05 - officially consolidated text, 15/08 - ZPacP, 23/08 and 58/08 - ZZdrS-E).
p.(None): Article 114
p.(None): This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia, and shall apply one year after its entry into force.
p.(None): No. 501-01 / 08-6 / 1
p.(None): Ljubljana, 15 July 2008
p.(None): EPA 2042-IV
p.(None): National Assembly
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p.(None): outpatient treatment and counseling in the field of psychiatry.
p.(None): 16. A social welfare institution is a general or special public social welfare institution or concessionaire that provides services within the public service network and is intended for the protection, residence and
p.(None): the lives of persons whose acute hospital treatment related to a mental disorder has been completed or for whom hospital treatment is not necessary.
p.(None): 17. A protected ward is a ward in a social welfare institution where, due to their needs, persons continuously receive special protection and protection and cannot leave the institution after
p.(None): of their own free will.
p.(None): 18. A representative of the rights of persons in the field of mental health (hereinafter: the representative) is an individual who protects the rights, interests and benefits of a person.
p.(None): Article 3
p.(None): (1) Any form of neglect based on a mental disorder is prohibited.
p.(None): (2) During the treatment, the person shall be guaranteed the protection of his or her personal dignity and other human rights and fundamental freedoms, individual treatment and equal access to
p.(None): hearings.
p.(None): Article 4
p.(None): (1) The network of providers providing mental health programs and services (hereinafter: the network) within the public service shall consist of:
p.(None): - psychiatric treatment providers,
p.(None): - providers of social protection programs and services,
p.(None): - providers of supervised treatment,
p.(None): - community treatment providers.
p.(None): (2) Providers of psychiatric treatment are:
p.(None): - psychiatric hospitals,
p.(None): - psychiatric clinics with a concession to perform medical activities,
p.(None): - clinics for clinical psychology with a concession to perform medical activities,
p.(None): - specialist doctors with a concession to provide psychiatric treatment,
p.(None): - psychologists specializing in clinical psychology with a concession to perform medical activities,
p.(None): - selected personal physicians with a concession.
p.(None): Psychiatric treatment providers work closely together and link their activities at the primary, secondary and tertiary levels.
p.(None): (3) Providers of social protection services and programs are:
p.(None): - public social welfare institutions with protected wards,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services.
p.(None): (4) The providers of supervised treatment are:
p.(None): - psychiatric treatment providers,
p.(None): - legal and natural persons with a concession to perform health care activities.
p.(None): (5) The providers of community treatment are:
p.(None): - public social welfare institutions,
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p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
p.(None): (4) The ministry responsible for social welfare shall publish on its website a list of representatives, which shall contain the following information on representatives:
p.(None): - Personal name,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (5) The Minister of Social Welfare shall supervise the work of the representative.
p.(None): Article 27
p.(None): (1) The person shall choose a representative from the list of representatives referred to in the fourth paragraph of the previous article with a written authorization. If the person does not choose a representative, he may authorize him to do so
p.(None): the closest person. The authorization referred to in this paragraph may be revoked at any time by a person in any way.
p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
p.(None): (3) The psychiatric hospital where the agent works shall provide office space for the uninterrupted work of the agent.
p.(None): (4) Providers of mental health programs and services shall provide the agent with access to a person in all premises where treatment or treatment is provided, and access to
p.(None): records referred to in Articles 99 and 100 of this Act.
p.(None): Article 28
p.(None): (1) A representative shall be entitled to remuneration for his work and to reimbursement of expenses incurred in the performance of his duties.
p.(None): (2) The criteria for determining the amount of the award shall be determined by the Minister of Social Welfare.
p.(None): (3) Funds for the operation of representatives shall be provided from the funds of the ministry responsible for social welfare.
p.(None): III. SPECIAL PRECAUTIONS
p.(None): Article 29
p.(None): (1) A special protective measure is an urgent measure that is applied for the purpose of enabling the treatment of a person or for the purpose of eliminating or controlling the dangerous behavior of a person when
p.(None): her life or the lives of others are endangered, her health or the health of others is seriously endangered or she causes serious property damage to herself or others and no threat is possible
p.(None): prevented by another, milder measure.
p.(None): (2) Special protective measures shall be applied in wards under special supervision and secured wards.
p.(None): (3) Special protective measures are physical obstruction with belts and restriction of movement within one room.
p.(None): (4) The special protective measure shall be applied only exceptionally and may last only for as long as is strictly necessary depending on the reason for its introduction, whereby the special protective measure
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p.(None): Article 87
p.(None): (1) The coordinator of the supervised hearing shall perform the following tasks in particular:
p.(None): - in cooperation with the person and the agent and a working group appointed by the director of the psychiatric hospital and consisting of a doctor, a social worker, a nurse, and
p.(None): other experts, the closest person and others who may influence the course of the supervised treatment, prepare a proposal for a plan of supervised treatment,
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
p.(None): hospitals. In the case of a minor or an adult deprived of legal capacity, he or she shall also inform the competent center for social work and the legal representative.
p.(None): (2) If the conditions referred to in Article 53 of this Act are met, the director of the psychiatric hospital shall, after the notification referred to in the preceding paragraph, ensure that measures are taken to admit the person to the ward.
p.(None): under special supervision without consent in emergencies.
p.(None): 3.3 Plan of controlled treatment
p.(None): Article 89
p.(None): (1) The plan of supervised treatment shall be adopted by the psychiatric hospital in the area of which the person has permanent or temporary residence on the proposal of the coordinator of supervised treatment,
p.(None): or, where he has no registered permanent or temporary residence, in the area in which he actually resides.
p.(None): (2) When preparing a plan of supervised treatment, the will of the person and the closest person must be taken into account as much as possible.
p.(None): Article 90
p.(None): Funds for the implementation of the supervised treatment plan are provided from the funds of the compulsory health insurance.
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p.(None): (3) In addition to the supervision referred to in the preceding paragraph, the social inspection shall also carry out inspection supervision over the work of treatment providers in the community in the part relating to social protection
p.(None): services and programs.
p.(None): (4) In carrying out the inspection referred to in the second and third paragraphs of this Article, the provisions of the law governing social protection shall apply mutatis mutandis.
p.(None): VIII. CRIMINAL PROVISIONS
p.(None): Article 105
p.(None): (1) A fine of 4,100 to 125,000 euros shall be imposed for a misdemeanor on a legal person who is a provider of psychiatric treatment, a provider of supervised treatment, a provider of social care
p.(None): care services and programs or a community treatment provider if:
p.(None): - does not meet the personnel, technical and spatial conditions referred to in Article 5 of this Act,
p.(None): - restricts the rights of persons without a court decision or contrary to a court decision (Article 13),
p.(None): - has not published a special list of rights (second paragraph of Article 16),
p.(None): - violates the rights to correspondence, receive and send consignments, use the telephone and receive visits (first, second and third paragraphs of Article 19, first paragraph of Article 20 and first
p.(None): paragraph 21 of Article),
p.(None): - violates the right to movement (Article 22),
p.(None): - violates the right to a representative (Article 23),
p.(None): - fails to provide office space (third paragraph of Article 27),
p.(None): - does not allow the agent access to the person in all premises (fourth paragraph of Article 27),
p.(None): - does not adopt the plan of supervised treatment (first paragraph of Article 89),
p.(None): - does not keep records in accordance with Article 99 of this Act,
p.(None): - does not keep records in accordance with Article 100 of this Act.
p.(None): (2) A fine of 200 to 2,100 euros shall be imposed on an individual who independently performs an activity for the misdemeanor referred to in the preceding paragraph.
p.(None): (3) A fine of 50 to 1,000 euros shall be imposed on the responsible person of a legal person and the responsible person of an individual who independently performs the misdemeanor referred to in the first paragraph of this Article.
p.(None): activity.
p.(None): Article 106
p.(None): A fine of 200 to 2,100 euros shall be imposed on the director of a psychiatric hospital or social welfare institution if:
p.(None): - fails to inform the court and persons in accordance with the third paragraph of Article 38 of this Act,
p.(None): - fails to notify the court in accordance with the second and third paragraphs of Article 52 of this Act,
p.(None): - fails to notify the court in accordance with Article 59 of this Act.
p.(None): Article 107
p.(None): (1) A fine of 200 to 2,100 euros shall be imposed for a misdemeanor on a doctor as an individual or a person in a social welfare institution as an individual if:
p.(None): - does not inform the person about his / her rights or does not hand over a special leaflet (the first and third paragraphs of Article 16),
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Social / Child
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p.(None): 4. Mental health is the condition of an individual (hereinafter: the individual), which is reflected in his thinking, emotions, perception, behavior and
p.(None): perception of self and the environment.
p.(None): 5. The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital by a decision
p.(None): determined by the court.
p.(None): 6. A community treatment coordinator is an individual appointed by the social work center to monitor and coordinate community treatment for an individual.
p.(None): 7. A supervised treatment plan is a plan of scheduled health, social care and other services provided in a supervised treatment outside a psychiatric hospital in
p.(None): home environment of the person.
p.(None): 8. The community treatment plan shall include timed health, social care and other services with their providers provided in the community treatment and
p.(None): accepted for an individual.
p.(None): 9. A treatment plan is a plan of health services determined by a doctor (hereinafter: doctor) according to the health condition of an individual person, taking into account
p.(None): her admission to a psychiatric hospital and adjusts accordingly to the person's state of health.
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
p.(None): - adult children or adopted children,
p.(None): - parents or adoptive parents,
p.(None): - adult siblings,
p.(None): - grandparents,
p.(None): - adult grandchildren.
p.(None): 11. Treatment is the process of providing health, social care or other services and programs.
p.(None): 12. A ward under special supervision is a ward of a psychiatric hospital for intensive care where a person, for health reasons and endangering his or her life or
p.(None): the lives of others, seriously endangering one's own health or the health of others, causing serious property damage to oneself or others may restrict movement.
p.(None): 13. A person is an individual with a mental disorder who is being treated or treated in a network of providers of mental health programs and services.
p.(None): 14. A person with a severe and recurrent mental disorder is an individual who is less able to actively integrate into their environment due to a long-term mental disorder.
p.(None): 15. Psychiatric hospital is a psychiatric clinic, psychiatric hospital or psychiatric department of a general hospital that performs specialist hospital and specialist
p.(None): outpatient treatment and counseling in the field of psychiatry.
p.(None): 16. A social welfare institution is a general or special public social welfare institution or concessionaire that provides services within the public service network and is intended for the protection, residence and
p.(None): the lives of persons whose acute hospital treatment related to a mental disorder has been completed or for whom hospital treatment is not necessary.
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Social / Incarcerated
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p.(None): Article 6
p.(None): The Republic of Slovenia pays special attention to mental health by encouraging the development of public awareness programs regarding prevention, recognition and treatment
p.(None): mental disorders.
p.(None): Article 7
p.(None): (1) Development goals and needs in the field of prevention, psychiatric treatment, comprehensive social protection treatment, controlled treatment and community treatment shall be
p.(None): defined by the national mental health protection program for a period of at least five years (hereinafter referred to as the national program).
p.(None): (2) The national program shall contain:
p.(None): - a strategy for the development of mental health protection,
p.(None): - an action plan for the protection of mental health,
p.(None): - objectives, organization, development and tasks of contractors,
p.(None): - a network of providers of mental health programs and services,
p.(None): - task holders for the implementation of the national program.
p.(None): Article 8
p.(None): (1) The treatment of a person shall be carried out in accordance with professionally verified methods and internationally recognized standards.
p.(None): (2) The medical intervention must be proportionate to its purpose. Among several possible medical interventions that have comparable effects, the one that is the least is selected or proposed
p.(None): interferes with a person's personal integrity, least restricts his or her personal liberty and has the least side effects.
p.(None): Article 9
p.(None): (1) Special methods of treatment may be provided only exceptionally, under the conditions determined by this Act, and only in psychiatric hospitals.
p.(None): (2) Specific methods of treatment are:
p.(None): - electroconvulsive therapy,
p.(None): - hormone therapy,
p.(None): - use of psychotropic drugs in values exceeding the maximum prescribed dose.
p.(None): (3) Psychosurgical treatment is not permitted in the Republic of Slovenia.
p.(None): (4) The use of special methods of treatment at the proposal of a psychiatrist (hereinafter: psychiatrist) who treats a person shall be decided by the medical council, which shall in each case
p.(None): specially appointed by the director of the psychiatric hospital (hereinafter: the medical council). The medical council consists of at least three psychiatrists, at least one of whom is not
p.(None): employed at the psychiatric hospital where the person is being treated and the person has not been treated.
p.(None): (5) Treatment with electroconvulsive therapy or hormone therapy may be carried out if:
p.(None): - the written consent of the person or guardian is given,
p.(None): - a positive independent opinion is given on the necessity and consequences of such treatment by a psychiatrist who does not treat the person and is not a member of the medical council,
p.(None): - no other effective treatment methods are available for adequate medical care,
p.(None): This is strictly necessary for the treatment of the person, and
p.(None): - the expected benefit outweighs the foreseeable risk and burden of the proposed treatment.
p.(None): (6) Treatment with the use of psychotropic drugs in values exceeding the maximum prescribed dose may be carried out if:
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p.(None): - the research plan is approved by the Commission of the Republic of Slovenia for Medical Ethics, after independently examining its health value, considering the importance of the research objectives, and
p.(None): assess its ethical acceptability,
p.(None): - the person is aware of his rights and guarantees in accordance with the law.
p.(None): II. RIGHTS OF A PERSON IN A DEPARTMENT UNDER SPECIAL CONTROL, IN A SECURED DEPARTMENT AND IN CONTROLLED TREATMENT
p.(None): 1. General
p.(None): Article 12
p.(None): (1) During a hearing in a ward under special supervision, in a secure ward and in a supervised hearing, a person shall be guaranteed respect for human rights and fundamental rights.
p.(None): freedoms, in particular her personality, dignity and mental and physical integrity.
p.(None): (2) The rights guaranteed to a person in a ward under special supervision and a protected ward are:
p.(None): - the right to correspond and use e-mail,
p.(None): - the right to send and receive consignments,
p.(None): - the right to receive visits,
p.(None): - the right to use the telephone,
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): (3) The rights guaranteed to a person under supervised treatment are:
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): Article 13
p.(None): (1) The restriction of the rights referred to in the preceding Article, with the exception of the right to a representative, shall be admissible if this is absolutely necessary because the person endangers his own life or the lives of others or endangers his own
p.(None): the health or health of others or causes serious property damage to oneself or others. The right may be restricted only to the extent strictly necessary to achieve the purpose for which it is intended
p.(None): the right is limited. When restricting rights, the mildest measure shall be used and implemented for the shortest possible time.
p.(None): (2) The decision on the restriction of rights on the proposal of the director of a psychiatric hospital or social welfare institution shall be made within two days of receipt of the proposal by a decision in a non-litigious procedure
p.(None): the court in the area of which the psychiatric hospital or social welfare institution is located. Before issuing a decision, the court shall hear the person, unless this is not the case due to his or her state of health
p.(None): possible. The decision, which contains the reasons, the type and duration of the restrictions, shall be served on the applicant, the person, the lawyer, the legal representative, the nearest person and the representative.
p.(None): Article 14
p.(None): Individuals referred to in the second paragraph of the previous article and a psychiatric hospital or social welfare institution may appeal against the decision referred to in the previous article within three days of
p.(None): service of a court order. An appeal shall not stay the execution of the decision.
p.(None): Article 15
p.(None): (1) Minors shall be provided with special care and protection of their rights during the hearing.
p.(None): (2) As a rule, a minor shall not be admitted for treatment to a ward under special supervision together with adults, unless this would be useful for him.
p.(None): Article 16
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p.(None): consent in emergencies.
p.(None): Article 45
p.(None): If voluntary execution of the decision referred to in the first paragraph of the previous article is not possible, the provisions of the second and third paragraphs of Article 52 of this Article shall apply mutatis mutandis to the execution of the decision.
p.(None): of the law.
p.(None): Article 46
p.(None): (1) After obtaining the opinion of an expert, the court shall convene a hearing to which it shall invite the proposer, the person, the lawyer, the legal representative, the closest person, the representative and others who would
p.(None): be able to provide information relevant to the decision.
p.(None): (2) The court shall decide on the basis of direct contact with a person by seeing and talking to the person before issuing the decision, if this is permitted by his or her state of health.
p.(None): Article 47
p.(None): (1) At the hearing, the court shall hear the expert who prepared the opinion referred to in the first paragraph of Article 43 of this Act, and others who could provide information relevant to the decision. The court hears
p.(None): also a person if this is possible in view of his state of health. A person who is unable to attend a hearing due to his or her medical condition may be heard where he or she resides.
p.(None): (2) The proposer, the person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be restricted in full or in part by a court on the proposal of an expert, if harmful
p.(None): consequences for her health or the confidentiality or safety of others. The decision, against which there is no special appeal, is served on the lawyer and legal representative.
p.(None): Article 48
p.(None): (1) If, after the evidentiary procedure has been carried out, the court finds that the conditions referred to in the first paragraph of Article 39 for admission to a ward under special supervision have been met, it shall decide by a resolution,
p.(None): that the person be admitted to the ward under special supervision and also determine the period of detention, which may not exceed six months, and the psychiatric hospital that is to admit the person.
p.(None): (2) If the court finds that the conditions referred to in Article 75 of this Act for admission to the protected ward without consent are met, it shall decide by a resolution to admit the person to the protected ward. V
p.(None): the decision shall also determine the period of detention in the secure ward, which may not exceed one year, and the social welfare institution that is to receive the person.
p.(None): (3) If the court finds that the conditions referred to in the second paragraph of Article 80 of this Act for admission to supervised treatment are met, it shall decide by a resolution that the person be admitted to
p.(None): supervised treatment for a period not exceeding six months. In the decision, the court on the proposal of a psychiatric hospital in the area of which the person has a permanent or temporary
p.(None): residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, also appoint a supervised treatment coordinator, and
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p.(None): (3) The report of the representative referred to in the preceding paragraph shall be given in an anonymised form and may, in addition to statistical data, also contain general findings and recommendations regarding the protection of rights.
p.(None): persons in the field of mental health.
p.(None): Article 98
p.(None): (1) For the purpose of exercising the right to a representative, the ministry responsible for social welfare shall keep records containing the following information on representatives:
p.(None): - personal name, EMŠO and address of permanent or temporary residence or actual residence,
p.(None): - scientific or professional title,
p.(None): - information on the appointment and fulfillment of the conditions referred to in Article 25 of this Act,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (2) The representative shall immediately notify the ministry responsible for social welfare of any change in the data referred to in the preceding paragraph.
p.(None): Article 99
p.(None): (1) For the purpose of monitoring the restriction of the rights of persons referred to in Article 12 of this Act, psychiatric hospitals and social welfare institutions shall keep records containing the following information:
p.(None): - the name of the psychiatric hospital or social welfare institution,
p.(None): - personal name, EMŠO and code of the person to whom the decision on restriction of the right was issued,
p.(None): - an indication of the right that has been restricted, the reason for the restriction and the duration of the restriction.
p.(None): (2) For the purpose of monitoring the application of special protective measures referred to in Article 29 of this Act, psychiatric hospitals and social welfare institutions shall keep records containing the following
p.(None): data:
p.(None): - the name of the psychiatric hospital or social welfare institution,
p.(None): - personal name, EMŠO and code of the person to whom the special security measure was applied,
p.(None): - type of special protective measure, reason for introduction or order and duration of the measure,
p.(None): - the personal name and code of the doctor who ordered the special protective measure, or the personal name of the medical or professional worker who introduced the special protective measure,
p.(None): - the personal name of the individual who is informed of the special safeguard measure and his or her relationship with the person.
p.(None): (3) Psychiatric hospitals shall submit to the Minister, and social welfare institutions to the Minister of Social Welfare in an anonymised form a regular annual report on the restriction of the rights of persons and the use of
p.(None): special safeguards no later than 15 March of the current year for the previous calendar year.
p.(None): Article 100
p.(None): (1) For the purpose of monitoring the implementation of special treatment methods referred to in Article 9 of this Act, psychiatric hospitals shall keep records containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, EMŠO and code of the person treated with the special method of treatment,
p.(None): - type of specific treatment method,
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Social / Occupation
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p.(None): - public social welfare institutions with protected wards,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services.
p.(None): (4) The providers of supervised treatment are:
p.(None): - psychiatric treatment providers,
p.(None): - legal and natural persons with a concession to perform health care activities.
p.(None): (5) The providers of community treatment are:
p.(None): - public social welfare institutions,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services,
p.(None): - providers of social protection programs and services that provide services or programs in the field of mental health,
p.(None): - psychiatric treatment providers,
p.(None): - non-governmental organizations in the field of mental health that meet the conditions for the provision of public service under the law governing social protection.
p.(None): (6) Non-governmental organizations in the field of mental health shall, in the context of community treatment, perform in particular the following programs:
p.(None): - counseling, self-help and education,
p.(None): - running day centers,
p.(None): - running consultancy offices,
p.(None): - housing and living groups,
p.(None): - help and support in learning and studying,
p.(None): - work with families,
p.(None): - conducting social and life skills trainings,
p.(None): - organization of leisure activities,
p.(None): - employment centers with support employment,
p.(None): - job training.
p.(None): Article 5
p.(None): (1) The staffing, technical and spatial conditions of psychiatric treatment providers and the procedure for their verification shall be determined by the Minister or Minister responsible for health (in
p.(None): hereinafter referred to as the Minister).
p.(None): (2) The staffing, technical and spatial conditions of providers of social protection programs and services and providers of community treatment and the procedure for their verification shall be determined by the Minister.
p.(None): or the Minister responsible for social welfare (hereinafter: the Minister of Social Welfare), in agreement with the Minister.
p.(None): Article 6
p.(None): The Republic of Slovenia pays special attention to mental health by encouraging the development of public awareness programs regarding prevention, recognition and treatment
p.(None): mental disorders.
p.(None): Article 7
p.(None): (1) Development goals and needs in the field of prevention, psychiatric treatment, comprehensive social protection treatment, controlled treatment and community treatment shall be
p.(None): defined by the national mental health protection program for a period of at least five years (hereinafter referred to as the national program).
p.(None): (2) The national program shall contain:
p.(None): - a strategy for the development of mental health protection,
p.(None): - an action plan for the protection of mental health,
p.(None): - objectives, organization, development and tasks of contractors,
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p.(None): supervised hearings or the public prosecutor's office, the costs of the proceedings are covered by the court.
p.(None): (3) If the court grants the proposal for admission, the costs of the procedure shall be covered from the court's funds, except for the costs of a possible proxy of the proposer, which shall be covered by the proposer.
p.(None): Article 52
p.(None): (1) On the basis of the decision on admission referred to in the first and second paragraphs of Article 48 of this Act, the psychiatric hospital or social welfare institution shall, within three days from the service of the decision
p.(None): invites the person to report to a psychiatric hospital or social welfare institution on a certain day, no later than seven days after the summons. A copy of the summons shall also be sent to the court which
p.(None): issued a decision, and the person's lawyer.
p.(None): (2) If a person does not come to a psychiatric hospital or social welfare institution on a certain day and does not justify his absence, the director of the psychiatric hospital or social welfare institution
p.(None): the protection institution shall inform the court that issued the decision, the selected personal doctor and the person's lawyer and order the transport of the person by ambulance. Director of Psychiatry
p.(None): the hospital or social welfare institution may request the assistance of the police in carrying out emergency transport.
p.(None): (3) If it has not been possible to execute the court's decision in the manner referred to in the preceding paragraph, the director of the psychiatric hospital or social welfare institution shall inform the court thereof. If
p.(None): the court finds that the summons for admission to the ward under special supervision or to the protected ward has been properly served, orders the transfer.
p.(None): b) Admission to treatment without consent in emergencies
p.(None): Article 53
p.(None): A person may be admitted to a ward under special supervision without consent and before the issuance of a court decision, if the conditions referred to in the first paragraph of Article 39 of this
p.(None): of the law, when due to the nature of the person's mental disorder it is absolutely necessary to restrict his / her freedom of movement or to prevent contact with the environment before the procedure for admission is carried out.
p.(None): without the consent referred to in Articles 40 to 52 of this Act.
p.(None): Article 54
p.(None): (1) The admission referred to in the preceding Article shall be carried out on the basis of a referral from a selected personal doctor, psychiatrist or other doctor who has examined the person, if he finds that they have been given.
p.(None): reasons referred to in the previous article. The referral, which may not be more than three days old, shall be accompanied by a report on the person's state of health, stating in particular the circumstances from which it arises,
p.(None): that admission is necessary.
p.(None): (2) Notwithstanding the preceding paragraph, a person may be admitted to a ward under special supervision even without a referral, in the case referred to in Article 57 of this Act.
p.(None): Article 55
p.(None): (1) A doctor who refers a person to a psychiatric hospital shall, if necessary, order transport by ambulance. A doctor can be a person who has been referred to a psychiatric hospital and for whom it is
p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
p.(None): (2) A doctor who refers a person to a psychiatric hospital may, in carrying out detention and ordering transport by ambulance in accordance with the regulation referred to in the second paragraph of Article 56 of this Article.
p.(None): law requires police assistance.
p.(None): (3) When transporting a person by ambulance, the doctor who referred the person to a psychiatric hospital or another health care professional designated in writing by the said doctor shall be present.
p.(None): Article 56
p.(None): (1) When this Act stipulates that a doctor or director of a psychiatric hospital or social welfare institution may request the assistance of the police, the police shall be obliged to co-operate with
p.(None): medical staff and the emergency medical service and to provide them with the necessary assistance until the threat posed by the person can be limited by medical measures.
p.(None): (2) The manner of cooperation between the medical staff and the ambulance service and the police shall be determined by the Minister in agreement with the Minister responsible for the interior.
p.(None): Article 57
p.(None): (1) If the police, when intervening in a public place, in private premises or in the pursuit of a foreign citizen, for whom a warrant or search has been issued, presumes that they are with a person
p.(None): given the reasons referred to in Article 53 of this Act, it shall immediately inform the emergency medical service.
p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - personal name and registered office of the lawyer, if already selected.
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p.(None): DECREE
p.(None): on the promulgation of the Mental Health Act (ZDZdr)
p.(None): I hereby promulgate the Mental Health Act (ZDZdr), which was adopted by the National Assembly of the Republic of Slovenia at its session on 15 July 2008.
p.(None): No. 003-02-7 / 2008-12
p.(None): Ljubljana, 23 July 2008
p.(None): dr. Danilo Türk l.r.
p.(None): The President
p.(None): Of the Republic of Slovenia
p.(None): THE LAW
p.(None): ON MENTAL HEALTH (ZDZdr)
p.(None): I. GENERAL PROVISIONS
p.(None): Article 1
p.(None): (1) This Act determines the system of health and social care in the field of mental health, the holders of this activity and the rights of a person during treatment in
p.(None): ward under special supervision of a psychiatric hospital, treatment in a protected ward of a social welfare institution and in supervised treatment.
p.(None): (2) This Act determines the procedures for the admission of a person:
p.(None): - for treatment in a ward under the special supervision of a psychiatric hospital;
p.(None): - for consideration in the protected ward of the social welfare institution;
p.(None): - to supervised treatment;
p.(None): - for consideration in the community.
p.(None): (3) Notwithstanding the provisions of this Act, in the event of violations of the rights of a person as a user of health services by providers (hereinafter
p.(None): text: provider) health activities, apply the provisions of the law governing patients' rights.
p.(None): Article 2
p.(None): The terms used in this Act have the following meaning:
p.(None): 1. Acute hospital treatment is hospital treatment for an acute mental disorder or an acute exacerbation of a chronic mental disorder.
p.(None): 2. A person's home environment is the environment or space where a person lives. As a rule, this is her home, but it can also be a residential community or other living space.
p.(None): 3. Mental disorder is a temporary or permanent disorder of brain function that manifests as altered thinking, feeling, perceiving, behaving, and perceiving oneself and the environment.
p.(None): Inadequacy to the moral, social, political or other values of society is not in itself considered a mental disorder.
p.(None): 4. Mental health is the condition of an individual (hereinafter: the individual), which is reflected in his thinking, emotions, perception, behavior and
p.(None): perception of self and the environment.
p.(None): 5. The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital by a decision
p.(None): determined by the court.
p.(None): 6. A community treatment coordinator is an individual appointed by the social work center to monitor and coordinate community treatment for an individual.
p.(None): 7. A supervised treatment plan is a plan of scheduled health, social care and other services provided in a supervised treatment outside a psychiatric hospital in
p.(None): home environment of the person.
p.(None): 8. The community treatment plan shall include timed health, social care and other services with their providers provided in the community treatment and
p.(None): accepted for an individual.
p.(None): 9. A treatment plan is a plan of health services determined by a doctor (hereinafter: doctor) according to the health condition of an individual person, taking into account
p.(None): her admission to a psychiatric hospital and adjusts accordingly to the person's state of health.
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
p.(None): - adult children or adopted children,
p.(None): - parents or adoptive parents,
p.(None): - adult siblings,
p.(None): - grandparents,
p.(None): - adult grandchildren.
p.(None): 11. Treatment is the process of providing health, social care or other services and programs.
p.(None): 12. A ward under special supervision is a ward of a psychiatric hospital for intensive care where a person, for health reasons and endangering his or her life or
p.(None): the lives of others, seriously endangering one's own health or the health of others, causing serious property damage to oneself or others may restrict movement.
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p.(None): (6) The court may also initiate the procedure for dismissal referred to in this Article ex officio.
p.(None): (7) If the procedure for dismissal is initiated ex officio, the costs of the procedure shall be covered from the court's resources. If the procedure for dismissal is initiated on the basis of the proposal referred to in the second paragraph
p.(None): of this Article, the costs of the procedure shall be covered in accordance with Article 51 of this Act. With regard to other issues, the provisions of this Act on admission to
p.(None): treatment without consent based on a court order.
p.(None): Article 72
p.(None): The person shall be transferred to a secure ward in accordance with the provisions of Article 76 of this Act.
p.(None): 2. Admission procedure to the protected ward of a social welfare institution
p.(None): Article 73
p.(None): Admission of a person to the protected ward of a social welfare institution (hereinafter: the protected ward) shall be carried out with or without the consent of the person under the conditions determined by
p.(None): that law.
p.(None): 2.1 Acceptance with consent
p.(None): Article 74
p.(None): (1) A person is admitted to a secure ward with consent if all of the following conditions are met:
p.(None): - if acute hospital treatment is completed or not required,
p.(None): - if he needs constant care and protection that cannot be provided in the home environment or in any other way,
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct,
p.(None): - if the stated causes and threats referred to in the third and fourth indents of this paragraph cannot be averted by other forms of assistance (outside the social welfare institution, in the controlled
p.(None): hearing),
p.(None): - if he meets other conditions for admission to a social welfare institution, which are determined by regulations in the field of social welfare.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of the nature and purpose
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
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p.(None): Article 78
p.(None): (1) The provisions of Article 71 of this Act shall apply mutatis mutandis to the procedure of dismissal from the protected ward.
p.(None): (2) A person who has been admitted to a protected ward on the basis of a court decision may be transferred to a ward under the special supervision of a psychiatric hospital, whereby
p.(None): apply the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 79
p.(None): In the procedure of deciding on admission and transfer to a protected ward on the basis of a court decision, the court takes into account the wishes and personal wishes of the social welfare institution in determining it.
p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
p.(None): If the conditions for treatment in the supervised treatment referred to in the previous article are met, the individuals authorized to submit a proposal in accordance with Article 40 of this Act may
p.(None): suggest that the person be treated in a controlled treatment.
p.(None): Article 82
p.(None): (1) The admission of a person to a controlled hearing shall be carried out on the basis of a court decision.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a supervised hearing on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): determined.
p.(None): Article 83
p.(None): (1) The court, on the proposal of the director of a psychiatric hospital, may decide by a decision that the treatment of a person shall continue in a supervised treatment. The court may time treatment in
p.(None): extended treatment shall be extended by a maximum of six months each time.
p.(None): (2) The proposal referred to in the preceding paragraph, which also contains a proposal for the appointment of a coordinator of supervised treatment and the type and scope of his powers referred to in Article 87 of this Act, shall be
p.(None): lodged within 15 days before the discharge of the person from the psychiatric hospital or before the expiry of the time limit set for treatment in supervised treatment.
p.(None): 3.2 Coordinated treatment coordinator
p.(None): Article 84
p.(None): (1) The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital,
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, with
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p.(None): home environment of the person.
p.(None): 8. The community treatment plan shall include timed health, social care and other services with their providers provided in the community treatment and
p.(None): accepted for an individual.
p.(None): 9. A treatment plan is a plan of health services determined by a doctor (hereinafter: doctor) according to the health condition of an individual person, taking into account
p.(None): her admission to a psychiatric hospital and adjusts accordingly to the person's state of health.
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
p.(None): - adult children or adopted children,
p.(None): - parents or adoptive parents,
p.(None): - adult siblings,
p.(None): - grandparents,
p.(None): - adult grandchildren.
p.(None): 11. Treatment is the process of providing health, social care or other services and programs.
p.(None): 12. A ward under special supervision is a ward of a psychiatric hospital for intensive care where a person, for health reasons and endangering his or her life or
p.(None): the lives of others, seriously endangering one's own health or the health of others, causing serious property damage to oneself or others may restrict movement.
p.(None): 13. A person is an individual with a mental disorder who is being treated or treated in a network of providers of mental health programs and services.
p.(None): 14. A person with a severe and recurrent mental disorder is an individual who is less able to actively integrate into their environment due to a long-term mental disorder.
p.(None): 15. Psychiatric hospital is a psychiatric clinic, psychiatric hospital or psychiatric department of a general hospital that performs specialist hospital and specialist
p.(None): outpatient treatment and counseling in the field of psychiatry.
p.(None): 16. A social welfare institution is a general or special public social welfare institution or concessionaire that provides services within the public service network and is intended for the protection, residence and
p.(None): the lives of persons whose acute hospital treatment related to a mental disorder has been completed or for whom hospital treatment is not necessary.
p.(None): 17. A protected ward is a ward in a social welfare institution where, due to their needs, persons continuously receive special protection and protection and cannot leave the institution after
p.(None): of their own free will.
p.(None): 18. A representative of the rights of persons in the field of mental health (hereinafter: the representative) is an individual who protects the rights, interests and benefits of a person.
p.(None): Article 3
p.(None): (1) Any form of neglect based on a mental disorder is prohibited.
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p.(None): - the risks to which the person may be exposed are not disproportionate to the potential benefits of the research,
p.(None): - the research plan is approved by the Commission of the Republic of Slovenia for Medical Ethics, after independently examining its health value, considering the importance of the research objectives, and
p.(None): assess its ethical acceptability,
p.(None): - the person is aware of his rights and guarantees in accordance with the law.
p.(None): II. RIGHTS OF A PERSON IN A DEPARTMENT UNDER SPECIAL CONTROL, IN A SECURED DEPARTMENT AND IN CONTROLLED TREATMENT
p.(None): 1. General
p.(None): Article 12
p.(None): (1) During a hearing in a ward under special supervision, in a secure ward and in a supervised hearing, a person shall be guaranteed respect for human rights and fundamental rights.
p.(None): freedoms, in particular her personality, dignity and mental and physical integrity.
p.(None): (2) The rights guaranteed to a person in a ward under special supervision and a protected ward are:
p.(None): - the right to correspond and use e-mail,
p.(None): - the right to send and receive consignments,
p.(None): - the right to receive visits,
p.(None): - the right to use the telephone,
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): (3) The rights guaranteed to a person under supervised treatment are:
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): Article 13
p.(None): (1) The restriction of the rights referred to in the preceding Article, with the exception of the right to a representative, shall be admissible if this is absolutely necessary because the person endangers his own life or the lives of others or endangers his own
p.(None): the health or health of others or causes serious property damage to oneself or others. The right may be restricted only to the extent strictly necessary to achieve the purpose for which it is intended
p.(None): the right is limited. When restricting rights, the mildest measure shall be used and implemented for the shortest possible time.
p.(None): (2) The decision on the restriction of rights on the proposal of the director of a psychiatric hospital or social welfare institution shall be made within two days of receipt of the proposal by a decision in a non-litigious procedure
p.(None): the court in the area of which the psychiatric hospital or social welfare institution is located. Before issuing a decision, the court shall hear the person, unless this is not the case due to his or her state of health
p.(None): possible. The decision, which contains the reasons, the type and duration of the restrictions, shall be served on the applicant, the person, the lawyer, the legal representative, the nearest person and the representative.
p.(None): Article 14
p.(None): Individuals referred to in the second paragraph of the previous article and a psychiatric hospital or social welfare institution may appeal against the decision referred to in the previous article within three days of
p.(None): service of a court order. An appeal shall not stay the execution of the decision.
p.(None): Article 15
p.(None): (1) Minors shall be provided with special care and protection of their rights during the hearing.
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p.(None): the closest person. The authorization referred to in this paragraph may be revoked at any time by a person in any way.
p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
p.(None): (3) The psychiatric hospital where the agent works shall provide office space for the uninterrupted work of the agent.
p.(None): (4) Providers of mental health programs and services shall provide the agent with access to a person in all premises where treatment or treatment is provided, and access to
p.(None): records referred to in Articles 99 and 100 of this Act.
p.(None): Article 28
p.(None): (1) A representative shall be entitled to remuneration for his work and to reimbursement of expenses incurred in the performance of his duties.
p.(None): (2) The criteria for determining the amount of the award shall be determined by the Minister of Social Welfare.
p.(None): (3) Funds for the operation of representatives shall be provided from the funds of the ministry responsible for social welfare.
p.(None): III. SPECIAL PRECAUTIONS
p.(None): Article 29
p.(None): (1) A special protective measure is an urgent measure that is applied for the purpose of enabling the treatment of a person or for the purpose of eliminating or controlling the dangerous behavior of a person when
p.(None): her life or the lives of others are endangered, her health or the health of others is seriously endangered or she causes serious property damage to herself or others and no threat is possible
p.(None): prevented by another, milder measure.
p.(None): (2) Special protective measures shall be applied in wards under special supervision and secured wards.
p.(None): (3) Special protective measures are physical obstruction with belts and restriction of movement within one room.
p.(None): (4) The special protective measure shall be applied only exceptionally and may last only for as long as is strictly necessary depending on the reason for its introduction, whereby the special protective measure
p.(None): physical restraint with belts may not last more than four hours, and a special protective measure restricting freedom of movement within one room shall not exceed 12 hours. After the expiration of the above
p.(None): period, the doctor shall check the justification of the reintroduction of the special protective measure.
p.(None): (5) A person with whom a special protective measure has been applied shall be supervised, his vital functions monitored and professionally treated throughout the duration of the special protective measure.
p.(None): Detailed information on the reason, purpose, duration and control over the implementation of the measure shall be entered in the person's medical documentation on the implementation of the special protective measure. Oh
p.(None): the implementation of special protective measures by psychiatric hospitals and social welfare institutions shall keep records in accordance with the second paragraph of Article 99 of this Act.
p.(None): (6) The doctor who orders such a measure shall notify the director of the psychiatric hospital in writing of the ordering and implementation of a special protective measure no later than 12 hours from the ordering of the measure.
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p.(None): discharged from treatment in the ward under special supervision. In this case, the person must be released immediately.
p.(None): (2) If, in the case referred to in the preceding paragraph, the doctor assesses that the reasons referred to in Article 53 of this Act are given to the person, he shall detain the person for treatment despite the revocation of consent and instruct him on
p.(None): reasons for detention and the right to a lawyer. The doctor shall notify the director of the psychiatric hospital in writing of the person's detention within four hours.
p.(None): (3) The director of a psychiatric hospital or an individual authorized by him (hereinafter: the director of a psychiatric hospital) shall immediately inform the director in accordance with Article 59 of this Act.
p.(None): the competent court which decides on detention under the procedure for admission to emergency treatment. The director of the psychiatric hospital shall also inform the nearest person and
p.(None): representative in the case of a minor or an adult deprived of legal capacity, as well as a legal representative.
p.(None): 1.2 Admission to treatment without consent
p.(None): Article 39
p.(None): (1) The treatment of a person in a ward under special supervision without his consent is permissible if all the following conditions are met:
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the stated causes and threats referred to in the first and second indents of this paragraph cannot be prevented by other forms of assistance (by treatment in a psychiatric hospital outside the ward under
p.(None): special supervision, outpatient treatment or supervised treatment).
p.(None): (2) Admission to treatment without the consent referred to in the preceding paragraph shall be made:
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
p.(None): b) in urgent cases before the court order is issued, if the conditions referred to in Article 53 of this Act are met.
p.(None): a) Admission to treatment without consent based on a court order
p.(None): Article 40
p.(None): (1) The procedure for admission of a person to a ward under special supervision without consent on the basis of a court decision shall be initiated at the proposal of the psychiatric treatment provider, the center for
p.(None): social work, the coordinator of supervised treatment, the nearest person or the public prosecutor's office.
p.(None): (2) The proposal referred to in the preceding paragraph may also be submitted by a legal representative for a minor and an adult who has been deprived of legal capacity.
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p.(None): of this Article, the costs of the procedure shall be covered in accordance with Article 51 of this Act. With regard to other issues, the provisions of this Act on admission to
p.(None): treatment without consent based on a court order.
p.(None): Article 72
p.(None): The person shall be transferred to a secure ward in accordance with the provisions of Article 76 of this Act.
p.(None): 2. Admission procedure to the protected ward of a social welfare institution
p.(None): Article 73
p.(None): Admission of a person to the protected ward of a social welfare institution (hereinafter: the protected ward) shall be carried out with or without the consent of the person under the conditions determined by
p.(None): that law.
p.(None): 2.1 Acceptance with consent
p.(None): Article 74
p.(None): (1) A person is admitted to a secure ward with consent if all of the following conditions are met:
p.(None): - if acute hospital treatment is completed or not required,
p.(None): - if he needs constant care and protection that cannot be provided in the home environment or in any other way,
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct,
p.(None): - if the stated causes and threats referred to in the third and fourth indents of this paragraph cannot be averted by other forms of assistance (outside the social welfare institution, in the controlled
p.(None): hearing),
p.(None): - if he meets other conditions for admission to a social welfare institution, which are determined by regulations in the field of social welfare.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of the nature and purpose
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
p.(None): (3) A person who has consented to admission to the protected ward may at any time, explicitly or by acts from which it can be inferred, revoke the consent and request that he be dismissed from
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p.(None): In the procedure of deciding on admission and transfer to a protected ward on the basis of a court decision, the court takes into account the wishes and personal wishes of the social welfare institution in determining it.
p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
p.(None): If the conditions for treatment in the supervised treatment referred to in the previous article are met, the individuals authorized to submit a proposal in accordance with Article 40 of this Act may
p.(None): suggest that the person be treated in a controlled treatment.
p.(None): Article 82
p.(None): (1) The admission of a person to a controlled hearing shall be carried out on the basis of a court decision.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a supervised hearing on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): determined.
p.(None): Article 83
p.(None): (1) The court, on the proposal of the director of a psychiatric hospital, may decide by a decision that the treatment of a person shall continue in a supervised treatment. The court may time treatment in
p.(None): extended treatment shall be extended by a maximum of six months each time.
p.(None): (2) The proposal referred to in the preceding paragraph, which also contains a proposal for the appointment of a coordinator of supervised treatment and the type and scope of his powers referred to in Article 87 of this Act, shall be
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p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
p.(None): (3) The psychiatric hospital where the agent works shall provide office space for the uninterrupted work of the agent.
p.(None): (4) Providers of mental health programs and services shall provide the agent with access to a person in all premises where treatment or treatment is provided, and access to
p.(None): records referred to in Articles 99 and 100 of this Act.
p.(None): Article 28
p.(None): (1) A representative shall be entitled to remuneration for his work and to reimbursement of expenses incurred in the performance of his duties.
p.(None): (2) The criteria for determining the amount of the award shall be determined by the Minister of Social Welfare.
p.(None): (3) Funds for the operation of representatives shall be provided from the funds of the ministry responsible for social welfare.
p.(None): III. SPECIAL PRECAUTIONS
p.(None): Article 29
p.(None): (1) A special protective measure is an urgent measure that is applied for the purpose of enabling the treatment of a person or for the purpose of eliminating or controlling the dangerous behavior of a person when
p.(None): her life or the lives of others are endangered, her health or the health of others is seriously endangered or she causes serious property damage to herself or others and no threat is possible
p.(None): prevented by another, milder measure.
p.(None): (2) Special protective measures shall be applied in wards under special supervision and secured wards.
p.(None): (3) Special protective measures are physical obstruction with belts and restriction of movement within one room.
p.(None): (4) The special protective measure shall be applied only exceptionally and may last only for as long as is strictly necessary depending on the reason for its introduction, whereby the special protective measure
p.(None): physical restraint with belts may not last more than four hours, and a special protective measure restricting freedom of movement within one room shall not exceed 12 hours. After the expiration of the above
p.(None): period, the doctor shall check the justification of the reintroduction of the special protective measure.
p.(None): (5) A person with whom a special protective measure has been applied shall be supervised, his vital functions monitored and professionally treated throughout the duration of the special protective measure.
p.(None): Detailed information on the reason, purpose, duration and control over the implementation of the measure shall be entered in the person's medical documentation on the implementation of the special protective measure. Oh
p.(None): the implementation of special protective measures by psychiatric hospitals and social welfare institutions shall keep records in accordance with the second paragraph of Article 99 of this Act.
p.(None): (6) The doctor who orders such a measure shall notify the director of the psychiatric hospital in writing of the ordering and implementation of a special protective measure no later than 12 hours from the ordering of the measure.
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p.(None): (2) If, in the case referred to in the preceding paragraph, the doctor assesses that the reasons referred to in Article 53 of this Act are given to the person, he shall detain the person for treatment despite the revocation of consent and instruct him on
p.(None): reasons for detention and the right to a lawyer. The doctor shall notify the director of the psychiatric hospital in writing of the person's detention within four hours.
p.(None): (3) The director of a psychiatric hospital or an individual authorized by him (hereinafter: the director of a psychiatric hospital) shall immediately inform the director in accordance with Article 59 of this Act.
p.(None): the competent court which decides on detention under the procedure for admission to emergency treatment. The director of the psychiatric hospital shall also inform the nearest person and
p.(None): representative in the case of a minor or an adult deprived of legal capacity, as well as a legal representative.
p.(None): 1.2 Admission to treatment without consent
p.(None): Article 39
p.(None): (1) The treatment of a person in a ward under special supervision without his consent is permissible if all the following conditions are met:
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the stated causes and threats referred to in the first and second indents of this paragraph cannot be prevented by other forms of assistance (by treatment in a psychiatric hospital outside the ward under
p.(None): special supervision, outpatient treatment or supervised treatment).
p.(None): (2) Admission to treatment without the consent referred to in the preceding paragraph shall be made:
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
p.(None): b) in urgent cases before the court order is issued, if the conditions referred to in Article 53 of this Act are met.
p.(None): a) Admission to treatment without consent based on a court order
p.(None): Article 40
p.(None): (1) The procedure for admission of a person to a ward under special supervision without consent on the basis of a court decision shall be initiated at the proposal of the psychiatric treatment provider, the center for
p.(None): social work, the coordinator of supervised treatment, the nearest person or the public prosecutor's office.
p.(None): (2) The proposal referred to in the preceding paragraph may also be submitted by a legal representative for a minor and an adult who has been deprived of legal capacity.
p.(None): Article 41
...
p.(None): that admission is necessary.
p.(None): (2) Notwithstanding the preceding paragraph, a person may be admitted to a ward under special supervision even without a referral, in the case referred to in Article 57 of this Act.
p.(None): Article 55
p.(None): (1) A doctor who refers a person to a psychiatric hospital shall, if necessary, order transport by ambulance. A doctor can be a person who has been referred to a psychiatric hospital and for whom it is
p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
p.(None): (2) A doctor who refers a person to a psychiatric hospital may, in carrying out detention and ordering transport by ambulance in accordance with the regulation referred to in the second paragraph of Article 56 of this Article.
p.(None): law requires police assistance.
p.(None): (3) When transporting a person by ambulance, the doctor who referred the person to a psychiatric hospital or another health care professional designated in writing by the said doctor shall be present.
p.(None): Article 56
p.(None): (1) When this Act stipulates that a doctor or director of a psychiatric hospital or social welfare institution may request the assistance of the police, the police shall be obliged to co-operate with
p.(None): medical staff and the emergency medical service and to provide them with the necessary assistance until the threat posed by the person can be limited by medical measures.
p.(None): (2) The manner of cooperation between the medical staff and the ambulance service and the police shall be determined by the Minister in agreement with the Minister responsible for the interior.
p.(None): Article 57
p.(None): (1) If the police, when intervening in a public place, in private premises or in the pursuit of a foreign citizen, for whom a warrant or search has been issued, presumes that they are with a person
p.(None): given the reasons referred to in Article 53 of this Act, it shall immediately inform the emergency medical service.
p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative,
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p.(None): Article 66
p.(None): The court shall serve the decision referred to in the preceding Article on the participants who have the right to appeal in accordance with the first paragraph of Article 67 of this Act.
p.(None): Article 67
p.(None): (1) A person, a lawyer, a legal representative, the nearest person, a psychiatric hospital in which a person is detained or is detained may appeal against the decision referred to in Article 65 of this Act.
p.(None): authorized to propose the coordinator of the supervised treatment, and the social welfare institution in which the person is admitted to the protected ward, within three days from the day
p.(None): service of the decision.
p.(None): (2) The appeal shall not suspend the execution of the decision.
p.(None): (3) The court of second instance shall decide on the appeal within three days of receiving the appeal.
p.(None): (4) Revision is allowed against the decision of the court of second instance.
p.(None): Article 68
p.(None): The costs of the proceedings are covered by the court.
p.(None): 1.3 Extension of detention, release and transfer from a ward under special supervision
p.(None): Article 69
p.(None): A person's detention in a ward under special supervision shall be extended, transferred to a secure ward or discharged from a ward under special supervision if the conditions under this
p.(None): the law. The treating physician shall regularly inform the person of the reasons for the extension of the detention, transfer or release.
p.(None): Article 70
p.(None): (1) If the director of a psychiatric hospital finds that in order to avert the threat due to the causes referred to in the first paragraph of Article 39 of this Act, further treatment in
p.(None): ward under special supervision, at least 14 days before the expiry of the time limit referred to in the court decision, proposes to the court that the detention in the ward under special supervision be extended.
p.(None): (2) In the procedure for the extension of detention in a ward under special supervision, the provisions of this Act on admission to treatment without consent on the basis of a resolution shall apply mutatis mutandis.
p.(None): courts.
p.(None): (3) The court may extend the period of detention in a ward under special supervision for a maximum of six months at a time.
p.(None): Article 71
p.(None): (1) If the health condition of a person improves so much that there are no more reasons for detention in the ward under special supervision, the psychiatric hospital shall take him / her before the expiry of the time limit referred to in the decision.
p.(None): dismisses the courts from the department under special supervision and informs the court thereof.
p.(None): (2) A person or his lawyer may, before the expiry of the time limit specified in the court decision on detention, propose to the court that the person be dismissed. The dismissal of the person may also be proposed by the nearest
p.(None): person and legal representative.
p.(None): (3) If the court rejects the proposal for dismissal, it may determine in the decision the deadline by which a new proposal for dismissal cannot be filed, if due to the circumstances related to the health condition of the person
p.(None): it follows that no improvement in her state of health can be expected before the expiry of that period.
p.(None): (4) The time limit referred to in the preceding paragraph may not exceed one month and shall run from the day the decision is issued.
...
p.(None): of this Article, the costs of the procedure shall be covered in accordance with Article 51 of this Act. With regard to other issues, the provisions of this Act on admission to
p.(None): treatment without consent based on a court order.
p.(None): Article 72
p.(None): The person shall be transferred to a secure ward in accordance with the provisions of Article 76 of this Act.
p.(None): 2. Admission procedure to the protected ward of a social welfare institution
p.(None): Article 73
p.(None): Admission of a person to the protected ward of a social welfare institution (hereinafter: the protected ward) shall be carried out with or without the consent of the person under the conditions determined by
p.(None): that law.
p.(None): 2.1 Acceptance with consent
p.(None): Article 74
p.(None): (1) A person is admitted to a secure ward with consent if all of the following conditions are met:
p.(None): - if acute hospital treatment is completed or not required,
p.(None): - if he needs constant care and protection that cannot be provided in the home environment or in any other way,
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct,
p.(None): - if the stated causes and threats referred to in the third and fourth indents of this paragraph cannot be averted by other forms of assistance (outside the social welfare institution, in the controlled
p.(None): hearing),
p.(None): - if he meets other conditions for admission to a social welfare institution, which are determined by regulations in the field of social welfare.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of the nature and purpose
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
p.(None): (3) A person who has consented to admission to the protected ward may at any time, explicitly or by acts from which it can be inferred, revoke the consent and request that he be dismissed from
...
p.(None): (3) The proposal for admission to the protected ward on the basis of a court decision shall be accompanied by the opinion of the social welfare institution on the fulfillment of the conditions for admission, unless the procedure has been
p.(None): started at his suggestion.
p.(None): Article 76
p.(None): (1) A person who has been admitted to a ward under the special supervision of a psychiatric hospital in accordance with the provisions of this Act may, subject to the fulfillment of the conditions referred to in Articles 74 and 75,
p.(None): of this Act shall be transferred to a secure ward before the expiry of the period of detention in a psychiatric hospital.
p.(None): (2) Transfer from a ward under the special supervision of a psychiatric hospital to a protected ward may be carried out with the consent of the person, whereby an opinion must be obtained in advance.
p.(None): the social welfare institution to which the person is to be transferred, on the fulfillment of the conditions for admission, or on the basis of a court decision. In the process of relocation it makes sense
p.(None): apply the provisions of this Act on admission to a secure ward without consent on the basis of a court order.
p.(None): Article 77
p.(None): (1) Detention in a secure ward on the basis of a court decision may be determined for a maximum of one year.
p.(None): (2) If the director of a social welfare institution finds that in order to avert a threat due to the reasons referred to in the first paragraph of Article 74 of this Act, further detention in
p.(None): at least 14 days before the expiry of the time limit from the court decision, proposes to the court that the detention in the protected ward be extended. In the process of extending the detention
p.(None): apply mutatis mutandis the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 78
p.(None): (1) The provisions of Article 71 of this Act shall apply mutatis mutandis to the procedure of dismissal from the protected ward.
p.(None): (2) A person who has been admitted to a protected ward on the basis of a court decision may be transferred to a ward under the special supervision of a psychiatric hospital, whereby
p.(None): apply the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 79
p.(None): In the procedure of deciding on admission and transfer to a protected ward on the basis of a court decision, the court takes into account the wishes and personal wishes of the social welfare institution in determining it.
p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
p.(None): If the conditions for treatment in the supervised treatment referred to in the previous article are met, the individuals authorized to submit a proposal in accordance with Article 40 of this Act may
p.(None): suggest that the person be treated in a controlled treatment.
p.(None): Article 82
p.(None): (1) The admission of a person to a controlled hearing shall be carried out on the basis of a court decision.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a supervised hearing on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): determined.
p.(None): Article 83
p.(None): (1) The court, on the proposal of the director of a psychiatric hospital, may decide by a decision that the treatment of a person shall continue in a supervised treatment. The court may time treatment in
p.(None): extended treatment shall be extended by a maximum of six months each time.
p.(None): (2) The proposal referred to in the preceding paragraph, which also contains a proposal for the appointment of a coordinator of supervised treatment and the type and scope of his powers referred to in Article 87 of this Act, shall be
p.(None): lodged within 15 days before the discharge of the person from the psychiatric hospital or before the expiry of the time limit set for treatment in supervised treatment.
p.(None): 3.2 Coordinated treatment coordinator
p.(None): Article 84
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Social / Youth/Minors
Searching for indicator minor:
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p.(None): the health or health of others or causes serious property damage to oneself or others. The right may be restricted only to the extent strictly necessary to achieve the purpose for which it is intended
p.(None): the right is limited. When restricting rights, the mildest measure shall be used and implemented for the shortest possible time.
p.(None): (2) The decision on the restriction of rights on the proposal of the director of a psychiatric hospital or social welfare institution shall be made within two days of receipt of the proposal by a decision in a non-litigious procedure
p.(None): the court in the area of which the psychiatric hospital or social welfare institution is located. Before issuing a decision, the court shall hear the person, unless this is not the case due to his or her state of health
p.(None): possible. The decision, which contains the reasons, the type and duration of the restrictions, shall be served on the applicant, the person, the lawyer, the legal representative, the nearest person and the representative.
p.(None): Article 14
p.(None): Individuals referred to in the second paragraph of the previous article and a psychiatric hospital or social welfare institution may appeal against the decision referred to in the previous article within three days of
p.(None): service of a court order. An appeal shall not stay the execution of the decision.
p.(None): Article 15
p.(None): (1) Minors shall be provided with special care and protection of their rights during the hearing.
p.(None): (2) As a rule, a minor shall not be admitted for treatment to a ward under special supervision together with adults, unless this would be useful for him.
p.(None): Article 16
p.(None): (1) The receiving doctor in a psychiatric hospital or an individual who admits a person for treatment in a protected ward of a social welfare institution shall instruct the person orally and in writing about
p.(None): its rights under this Act.
p.(None): (2) The psychiatric hospital or social welfare institution shall publish in a visible place the list of rights that the person has under this Act and the house rules. The list also includes business
p.(None): addresses and telephone numbers of the representatives in charge of the area in which the psychiatric hospital or social welfare institution operates.
p.(None): (3) The rights and data referred to in the preceding paragraph shall also be summarized in a special leaflet, which shall be handed over to the person upon admission to the ward under special supervision and to the protected ward.
p.(None): Article 17
p.(None): (1) A person has the right to protection in a social and residential environment, which is as unrestricted as possible, and to treatment in the least restrictive and intrusive manner available, taking into account
p.(None): taking into account her state of health and the need to ensure the safety of others.
p.(None): (2) When considering a person, his will shall be taken into account if it is in his favor.
p.(None): Article 18
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p.(None): the psychiatric hospital in the area in which it operates.
p.(None): (2) The Minister of Social Welfare shall determine the more detailed manner and procedure of selection on the basis of a public invitation in a public invitation.
p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
p.(None): (4) The ministry responsible for social welfare shall publish on its website a list of representatives, which shall contain the following information on representatives:
p.(None): - Personal name,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (5) The Minister of Social Welfare shall supervise the work of the representative.
p.(None): Article 27
p.(None): (1) The person shall choose a representative from the list of representatives referred to in the fourth paragraph of the previous article with a written authorization. If the person does not choose a representative, he may authorize him to do so
p.(None): the closest person. The authorization referred to in this paragraph may be revoked at any time by a person in any way.
p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
p.(None): (3) The psychiatric hospital where the agent works shall provide office space for the uninterrupted work of the agent.
p.(None): (4) Providers of mental health programs and services shall provide the agent with access to a person in all premises where treatment or treatment is provided, and access to
p.(None): records referred to in Articles 99 and 100 of this Act.
p.(None): Article 28
p.(None): (1) A representative shall be entitled to remuneration for his work and to reimbursement of expenses incurred in the performance of his duties.
p.(None): (2) The criteria for determining the amount of the award shall be determined by the Minister of Social Welfare.
p.(None): (3) Funds for the operation of representatives shall be provided from the funds of the ministry responsible for social welfare.
p.(None): III. SPECIAL PRECAUTIONS
p.(None): Article 29
p.(None): (1) A special protective measure is an urgent measure that is applied for the purpose of enabling the treatment of a person or for the purpose of eliminating or controlling the dangerous behavior of a person when
p.(None): her life or the lives of others are endangered, her health or the health of others is seriously endangered or she causes serious property damage to herself or others and no threat is possible
p.(None): prevented by another, milder measure.
p.(None): (2) Special protective measures shall be applied in wards under special supervision and secured wards.
p.(None): (3) Special protective measures are physical obstruction with belts and restriction of movement within one room.
p.(None): (4) The special protective measure shall be applied only exceptionally and may last only for as long as is strictly necessary depending on the reason for its introduction, whereby the special protective measure
p.(None): physical restraint with belts may not last more than four hours, and a special protective measure restricting freedom of movement within one room shall not exceed 12 hours. After the expiration of the above
p.(None): period, the doctor shall check the justification of the reintroduction of the special protective measure.
p.(None): (5) A person with whom a special protective measure has been applied shall be supervised, his vital functions monitored and professionally treated throughout the duration of the special protective measure.
p.(None): Detailed information on the reason, purpose, duration and control over the implementation of the measure shall be entered in the person's medical documentation on the implementation of the special protective measure. Oh
p.(None): the implementation of special protective measures by psychiatric hospitals and social welfare institutions shall keep records in accordance with the second paragraph of Article 99 of this Act.
p.(None): (6) The doctor who orders such a measure shall notify the director of the psychiatric hospital in writing of the ordering and implementation of a special protective measure no later than 12 hours from the ordering of the measure.
p.(None): or the social welfare institution, the nearest person, a lawyer and a representative. A minor or an adult deprived of legal capacity shall also be informed
p.(None): legal representative.
p.(None): (7) If the doctor is not present at the person, a special protective measure may also be introduced by another health care worker (hereinafter: health care worker) in
p.(None): psychiatric hospital or professional worker or professional worker (hereinafter: professional worker) in a social welfare institution, but immediately informs about it
p.(None): the doctor, who shall without delay decide on the justification of the introduction of the measure. If the doctor does not order the measure, the implementation of the measure is stopped immediately. Medical or professional worker about the notification
p.(None): make a written note to the doctor.
p.(None): (8) A person, a lawyer, a legal representative, the closest person and a representative may propose the implementation of administrative control over the order and the implementation of a special protective measure in accordance with
p.(None): regulations governing administrative control in health care.
p.(None): IV. PROCEEDINGS BEFORE THE COURT
p.(None): Article 30
p.(None): (1) The competent court shall decide on matters under this Act in non-litigious proceedings.
p.(None): (2) Proceedings before a court under this Act are:
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent based on a court order,
p.(None): - the procedure for admission to a psychiatric hospital for treatment in a ward under special supervision without consent in emergencies,
p.(None): - the procedure for admission to the protected ward of a social welfare institution without consent on the basis of a court decision,
p.(None): - the procedure for admission to supervised treatment without consent based on a court decision.
p.(None): Article 31
p.(None): (1) In all proceedings before the courts under this Act, it is obligatory to represent a person by a proxy who is a lawyer (hereinafter: a lawyer).
p.(None): (2) A lawyer shall be authorized by a legal representative for a minor and an adult who has been deprived of legal capacity, unless the procedure was initiated on his proposal. In that
p.(None): the case of a lawyer is set by the court.
p.(None): Article 32
p.(None): (1) A participant in proceedings before a court is a person and individuals and bodies or organizations to whom this Act gives the right to participate in proceedings. The court gives to everyone
p.(None): participants in the procedure have the opportunity to state their views on the statements of other participants or to participate in the procedure.
p.(None): (2) In the procedure, the rights and legal interests of a minor or a person who, due to a mental disorder or other circumstances, is unable to take care of his or her own, must be protected.
p.(None): rights and interests. If a person is not legally capable, the court enables him to perform procedural acts independently, if he is able to understand the meaning and legal consequences of such acts.
p.(None): The court shall hear the person, unless, on the basis of direct contact with the person, it considers that this is not possible in view of his or her state of health.
p.(None): Article 33
p.(None): (1) Proceedings before a court under this Act are necessary.
p.(None): (2) In proceedings under this Act, the public is excluded.
p.(None): (3) The court shall warn those who participate in the proceedings that they are obliged to protect as secret everything they know in it and the consequences of the breach of secrecy.
p.(None): V. PROCEDURES FOR ADMISSION OF A PERSON FOR TREATMENT OR TREATMENT
p.(None): 1. The procedure for admitting a person to a psychiatric hospital for treatment in a ward under special supervision
p.(None): Article 34
p.(None): The treatment of a person in a ward under special supervision shall be carried out with the consent of the person or without the consent of the person under the conditions determined by this Act.
p.(None): Article 35
p.(None): (1) A person shall be provided with treatment in a ward under special supervision on the basis of appropriate, individually planned treatment, which shall be defined in the treatment plan. If
p.(None): the person is able to express his / her will, his / her opinion is also taken into account when preparing the treatment plan, insofar as it is in his / her best health benefit.
...
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative.
p.(None): Article 38
p.(None): (1) A person who has consented to admission to a ward under special supervision may at any time, explicitly or by acts from which it may be inferred, revoke the consent and request that it be revoked.
p.(None): discharged from treatment in the ward under special supervision. In this case, the person must be released immediately.
p.(None): (2) If, in the case referred to in the preceding paragraph, the doctor assesses that the reasons referred to in Article 53 of this Act are given to the person, he shall detain the person for treatment despite the revocation of consent and instruct him on
p.(None): reasons for detention and the right to a lawyer. The doctor shall notify the director of the psychiatric hospital in writing of the person's detention within four hours.
p.(None): (3) The director of a psychiatric hospital or an individual authorized by him (hereinafter: the director of a psychiatric hospital) shall immediately inform the director in accordance with Article 59 of this Act.
p.(None): the competent court which decides on detention under the procedure for admission to emergency treatment. The director of the psychiatric hospital shall also inform the nearest person and
p.(None): representative in the case of a minor or an adult deprived of legal capacity, as well as a legal representative.
p.(None): 1.2 Admission to treatment without consent
p.(None): Article 39
p.(None): (1) The treatment of a person in a ward under special supervision without his consent is permissible if all the following conditions are met:
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the stated causes and threats referred to in the first and second indents of this paragraph cannot be prevented by other forms of assistance (by treatment in a psychiatric hospital outside the ward under
p.(None): special supervision, outpatient treatment or supervised treatment).
p.(None): (2) Admission to treatment without the consent referred to in the preceding paragraph shall be made:
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
p.(None): b) in urgent cases before the court order is issued, if the conditions referred to in Article 53 of this Act are met.
p.(None): a) Admission to treatment without consent based on a court order
p.(None): Article 40
p.(None): (1) The procedure for admission of a person to a ward under special supervision without consent on the basis of a court decision shall be initiated at the proposal of the psychiatric treatment provider, the center for
p.(None): social work, the coordinator of supervised treatment, the nearest person or the public prosecutor's office.
p.(None): (2) The proposal referred to in the preceding paragraph may also be submitted by a legal representative for a minor and an adult who has been deprived of legal capacity.
p.(None): Article 41
p.(None): (1) The proposal referred to in the preceding Article shall be filed with the competent court in the territory of which the person has permanent or temporary residence, or if the person has no registered or permanent residence.
p.(None): not temporary residence, with the court in whose territory he actually resides.
p.(None): (2) The proposal shall contain the information that must be included in each application and an indication of the reasons justifying the existence of the conditions referred to in the first paragraph of Article 39 of this Act.
p.(None): (3) The proposal shall be accompanied by the opinion of the selected personal doctor or psychiatrist who examined the person, and may not be older than seven days. If examination of the person is not possible, the proposal
p.(None): accompanied by a statement from the chosen personal physician or psychiatrist that the examination cannot be performed.
p.(None): Article 42
p.(None): (1) The court shall send the proposal to the person within one day of its receipt. At the same time, it instructs her on the right to reply to it within two days of service of the application.
p.(None): (2) The court shall also inform the person about the right to a lawyer, which he / she chooses within one day from the service of the proposal, and shall inform the court thereof, otherwise the lawyer shall ex officio
p.(None): one day after the expiration of the time during which the person could choose his own lawyer, the court shall set up. An appeal against the decision to appoint a lawyer ex officio is not allowed.
...
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
p.(None): personal, family and social circumstances and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (3) The coordinator of the supervised treatment may request the person to participate in certain activities for the purpose of treatment and to be treated during the supervised treatment in accordance with
p.(None): controlled treatment plan.
p.(None): (4) Based on the decision of the court referred to in the third paragraph of Article 48 of this Act, the coordinator of the supervised hearing may request the person to reside in a certain place or to
p.(None): provide the supervised treatment coordinator with access to the premises where he resides.
p.(None): Article 88
p.(None): (1) If a person does not follow the instructions or requirements of the supervised treatment coordinator referred to in the previous article and his health is endangered as a result or if his health care is
p.(None): worsens the situation so that the purpose of treatment can no longer be achieved through supervised treatment, the supervised treatment coordinator shall immediately inform the director of the psychiatric ward in writing.
p.(None): hospitals. In the case of a minor or an adult deprived of legal capacity, he or she shall also inform the competent center for social work and the legal representative.
p.(None): (2) If the conditions referred to in Article 53 of this Act are met, the director of the psychiatric hospital shall, after the notification referred to in the preceding paragraph, ensure that measures are taken to admit the person to the ward.
p.(None): under special supervision without consent in emergencies.
p.(None): 3.3 Plan of controlled treatment
p.(None): Article 89
p.(None): (1) The plan of supervised treatment shall be adopted by the psychiatric hospital in the area of which the person has permanent or temporary residence on the proposal of the coordinator of supervised treatment,
p.(None): or, where he has no registered permanent or temporary residence, in the area in which he actually resides.
p.(None): (2) When preparing a plan of supervised treatment, the will of the person and the closest person must be taken into account as much as possible.
p.(None): Article 90
p.(None): Funds for the implementation of the supervised treatment plan are provided from the funds of the compulsory health insurance.
p.(None): 4. Community treatment
p.(None): 4.1 Conditions for the treatment of a person in the community
p.(None): Article 91
p.(None): (1) Community treatment is the provision of assistance to persons who no longer need treatment in a psychiatric hospital or supervised treatment, but need assistance in
p.(None): psychosocial rehabilitation, daily tasks, regulation of living conditions and integration into everyday life on the basis of a treatment plan.
p.(None): (2) A person who consents in writing to the community treatment plan may be heard in the community.
p.(None): 4.2 Community treatment plan
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Social / education
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p.(None): - psychologists specializing in clinical psychology with a concession to perform medical activities,
p.(None): - selected personal physicians with a concession.
p.(None): Psychiatric treatment providers work closely together and link their activities at the primary, secondary and tertiary levels.
p.(None): (3) Providers of social protection services and programs are:
p.(None): - public social welfare institutions with protected wards,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services.
p.(None): (4) The providers of supervised treatment are:
p.(None): - psychiatric treatment providers,
p.(None): - legal and natural persons with a concession to perform health care activities.
p.(None): (5) The providers of community treatment are:
p.(None): - public social welfare institutions,
p.(None): - other legal and natural persons with a concession or work permit for the provision of social security services,
p.(None): - providers of social protection programs and services that provide services or programs in the field of mental health,
p.(None): - psychiatric treatment providers,
p.(None): - non-governmental organizations in the field of mental health that meet the conditions for the provision of public service under the law governing social protection.
p.(None): (6) Non-governmental organizations in the field of mental health shall, in the context of community treatment, perform in particular the following programs:
p.(None): - counseling, self-help and education,
p.(None): - running day centers,
p.(None): - running consultancy offices,
p.(None): - housing and living groups,
p.(None): - help and support in learning and studying,
p.(None): - work with families,
p.(None): - conducting social and life skills trainings,
p.(None): - organization of leisure activities,
p.(None): - employment centers with support employment,
p.(None): - job training.
p.(None): Article 5
p.(None): (1) The staffing, technical and spatial conditions of psychiatric treatment providers and the procedure for their verification shall be determined by the Minister or Minister responsible for health (in
p.(None): hereinafter referred to as the Minister).
p.(None): (2) The staffing, technical and spatial conditions of providers of social protection programs and services and providers of community treatment and the procedure for their verification shall be determined by the Minister.
p.(None): or the Minister responsible for social welfare (hereinafter: the Minister of Social Welfare), in agreement with the Minister.
p.(None): Article 6
p.(None): The Republic of Slovenia pays special attention to mental health by encouraging the development of public awareness programs regarding prevention, recognition and treatment
p.(None): mental disorders.
p.(None): Article 7
p.(None): (1) Development goals and needs in the field of prevention, psychiatric treatment, comprehensive social protection treatment, controlled treatment and community treatment shall be
...
p.(None): determined.
p.(None): Article 83
p.(None): (1) The court, on the proposal of the director of a psychiatric hospital, may decide by a decision that the treatment of a person shall continue in a supervised treatment. The court may time treatment in
p.(None): extended treatment shall be extended by a maximum of six months each time.
p.(None): (2) The proposal referred to in the preceding paragraph, which also contains a proposal for the appointment of a coordinator of supervised treatment and the type and scope of his powers referred to in Article 87 of this Act, shall be
p.(None): lodged within 15 days before the discharge of the person from the psychiatric hospital or before the expiry of the time limit set for treatment in supervised treatment.
p.(None): 3.2 Coordinated treatment coordinator
p.(None): Article 84
p.(None): (1) The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital,
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, with
p.(None): the decision shall be determined by the court.
p.(None): (2) If the coordinator of the supervised hearing no longer meets the conditions referred to in the first paragraph of Article 85 or the first paragraph of Article 86 of this Act, or if he does not perform his duties in accordance with
p.(None): with this law, the court shall appoint another coordinator on the proposal of the psychiatric hospital.
p.(None): Article 85
p.(None): (1) An individual who meets the following conditions may be appointed as the coordinator of supervised treatment:
p.(None): - has at least a medical, psychological, social or pedagogical education,
p.(None): - has passed the examination for the coordinator of supervised treatment,
p.(None): - has three years of work experience in the field of mental health protection,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister.
p.(None): Article 86
p.(None): (1) The coordinator of supervised treatment is employed in a psychiatric hospital, which professionally supervises his work.
p.(None): (2) Funds for the work of the coordinators of supervised treatment shall be provided from the funds of the ministry responsible for health (hereinafter: the ministry).
p.(None): Article 87
p.(None): (1) The coordinator of the supervised hearing shall perform the following tasks in particular:
p.(None): - in cooperation with the person and the agent and a working group appointed by the director of the psychiatric hospital and consisting of a doctor, a social worker, a nurse, and
p.(None): other experts, the closest person and others who may influence the course of the supervised treatment, prepare a proposal for a plan of supervised treatment,
p.(None): - coordinate the implementation of the supervised treatment plan,
p.(None): - provides the person with comprehensive support in supervised treatment.
p.(None): (2) The coordinator of supervised treatment is obliged to protect, as a professional secret, everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health,
...
p.(None): Article 110
p.(None): Psychiatric treatment providers, providers of social care programs and services, and providers of community treatment shall harmonize their activities with the provisions of this Act in
p.(None): six months from the entry into force of the implementing regulations referred to in Article 5 of this Act.
p.(None): Article 111
p.(None): The Government of the Republic of Slovenia shall submit the national program for adoption to the National Assembly of the Republic of Slovenia within one year of the entry into force of this Act.
p.(None): Article 112
p.(None): Judicial proceedings initiated before the application of this Act shall continue and be completed in accordance with the provisions of this Act.
p.(None): Article 113
p.(None): The provisions of Articles 70 to 81 of the Non-litigious Procedure Act (Official Gazette of the SRS, Nos. 30/86 and 20/88 - Corrigendum and Official Gazette) shall cease to apply on the day this Act enters into force.
p.(None): RS, no. 87/02 - SPZ) and the provision of Article 49 of the Health Care Activity Act (Official Gazette of the Republic of Slovenia, No. 23/05 - officially consolidated text, 15/08 - ZPacP, 23/08 and 58/08 - ZZdrS-E).
p.(None): Article 114
p.(None): This Act shall enter into force on the fifteenth day after its publication in the Official Gazette of the Republic of Slovenia, and shall apply one year after its entry into force.
p.(None): No. 501-01 / 08-6 / 1
p.(None): Ljubljana, 15 July 2008
p.(None): EPA 2042-IV
p.(None): National Assembly
p.(None): Of the Republic of Slovenia
p.(None): France Cukjati, Ph.D. med., l.r.
p.(None): The President
p.(None): TABLE OF CONTENTS TOP
p.(None): Stay informed about all our news, promotions and events.
p.(None): E-mail address
p.(None): I agree with the general terms and conditions. *
p.(None): Education Bulletin
p.(None): Official Gazette of the RS
p.(None): Current education
p.(None): About the Custom Education newsletter
p.(None): How to publish in the newsletter Rent a hall
p.(None): Price list of publications
p.(None): Document cancellations
p.(None): Order a print edition
p.(None): UL info bookstore
p.(None): New in the offer About the service
p.(None): E-books Try for free
p.(None): How to shop at an online bookstore
p.(None): Book catalog
p.(None): Company News
p.(None): Current articles About the company About
p.(None): Subscribe to News Contact
p.(None): Public information
p.(None): Advertising
p.(None): Register of local regulations
p.(None): Public procurement portal
p.(None): terms and conditions
p.(None): Official Gazette d.o.o. All rights reserved.
p.(None): Legal notices / Cookies / Authors: TriTim web agency in cooperation with 2Mobile
p.(None): To improve the user experience this website
p.(None): the site uses cookies. In addition to cookies that
p.(None): provide the functionality of the website,
p.(None): we also use cookies for web purposes
p.(None): analytics and social network integration.
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Social / employees
Searching for indicator employees:
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p.(None): (2) The information protection obligations referred to in the preceding paragraph may be dismissed by the provider of mental health programs and services in accordance with the provisions of the law governing patients
p.(None): rights.
p.(None): 2. The right to correspond, to receive shipments and visits, and to use the telephone
p.(None): Article 19
p.(None): (1) Correspondence shall be enabled for a person, ensuring the secrecy of the content of messages of all forms of correspondence. The person has the right to use e-mail according to the possibilities
p.(None): in a psychiatric hospital or social welfare institution.
p.(None): (2) A person has the right to receive documents from state bodies, local community bodies, holders of public authority and a lawyer and to address them with applications for the protection of his / her
p.(None): rights and legal benefits through a psychiatric hospital and social welfare institution in sealed envelopes.
p.(None): (3) A person has the right to receive and send consignments through a psychiatric hospital and a social welfare institution. A person can accept shipments of food, money, laundry,
p.(None): personal and other objects and newspapers and books.
p.(None): (4) Supervision over the content of received consignments referred to in the preceding paragraph in the presence of a person shall be performed by employees authorized by the director of the psychiatric hospital or social
p.(None): a care institution if the safety of a person, others or a psychiatric hospital or a social care institution is endangered.
p.(None): Article 20
p.(None): (1) A person shall be allowed telephone conversations.
p.(None): (2) The costs of telephone conversations shall be covered by the person.
p.(None): Article 21
p.(None): (1) A person has the right to receive visits in accordance with the house rules of a psychiatric hospital or social welfare institution.
p.(None): (2) A person may be allowed to visit the nearest person and others at least twice a week.
p.(None): (3) Visits to a person shall, as a rule, be carried out in special, suitably equipped premises. The visit may be interrupted only if it adversely affects the health condition of the person, if the person or hers
p.(None): the visitor disturbs others or if the safety of a person, others or a psychiatric hospital or social welfare institution is endangered.
p.(None): (4) An appeal against the termination of the visit referred to in the preceding paragraph may be lodged with the director of a psychiatric hospital or social welfare institution.
p.(None): 3. Right to move
p.(None): Article 22
p.(None): A person has the right to move in a ward under special supervision, in a secure ward and in supervised treatment, unless otherwise provided by this Act.
p.(None): 4. Right to an agent
p.(None): Article 23
p.(None): In proceedings under special supervision, in a secure ward and in supervised hearing, a person has the right to a representative.
p.(None): Article 24
p.(None): (1) The representative shall perform the following tasks in particular:
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Social / parents
Searching for indicator parents:
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p.(None): perception of self and the environment.
p.(None): 5. The coordinator of supervised treatment is an individual who, for the purpose of monitoring and coordinating the supervised treatment of an individual person on the proposal of a psychiatric hospital by a decision
p.(None): determined by the court.
p.(None): 6. A community treatment coordinator is an individual appointed by the social work center to monitor and coordinate community treatment for an individual.
p.(None): 7. A supervised treatment plan is a plan of scheduled health, social care and other services provided in a supervised treatment outside a psychiatric hospital in
p.(None): home environment of the person.
p.(None): 8. The community treatment plan shall include timed health, social care and other services with their providers provided in the community treatment and
p.(None): accepted for an individual.
p.(None): 9. A treatment plan is a plan of health services determined by a doctor (hereinafter: doctor) according to the health condition of an individual person, taking into account
p.(None): her admission to a psychiatric hospital and adjusts accordingly to the person's state of health.
p.(None): 10. The closest person is an individual designated by the person. If the person does not determine his closest person, the closest person under this Act shall be determined according to the following exclusive
p.(None): ok:
p.(None): - spouse, common-law partner or partner from a registered same-sex partnership,
p.(None): - adult children or adopted children,
p.(None): - parents or adoptive parents,
p.(None): - adult siblings,
p.(None): - grandparents,
p.(None): - adult grandchildren.
p.(None): 11. Treatment is the process of providing health, social care or other services and programs.
p.(None): 12. A ward under special supervision is a ward of a psychiatric hospital for intensive care where a person, for health reasons and endangering his or her life or
p.(None): the lives of others, seriously endangering one's own health or the health of others, causing serious property damage to oneself or others may restrict movement.
p.(None): 13. A person is an individual with a mental disorder who is being treated or treated in a network of providers of mental health programs and services.
p.(None): 14. A person with a severe and recurrent mental disorder is an individual who is less able to actively integrate into their environment due to a long-term mental disorder.
p.(None): 15. Psychiatric hospital is a psychiatric clinic, psychiatric hospital or psychiatric department of a general hospital that performs specialist hospital and specialist
p.(None): outpatient treatment and counseling in the field of psychiatry.
p.(None): 16. A social welfare institution is a general or special public social welfare institution or concessionaire that provides services within the public service network and is intended for the protection, residence and
p.(None): the lives of persons whose acute hospital treatment related to a mental disorder has been completed or for whom hospital treatment is not necessary.
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Social / philosophical differences/differences of opinion
Searching for indicator opinion:
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p.(None): - task holders for the implementation of the national program.
p.(None): Article 8
p.(None): (1) The treatment of a person shall be carried out in accordance with professionally verified methods and internationally recognized standards.
p.(None): (2) The medical intervention must be proportionate to its purpose. Among several possible medical interventions that have comparable effects, the one that is the least is selected or proposed
p.(None): interferes with a person's personal integrity, least restricts his or her personal liberty and has the least side effects.
p.(None): Article 9
p.(None): (1) Special methods of treatment may be provided only exceptionally, under the conditions determined by this Act, and only in psychiatric hospitals.
p.(None): (2) Specific methods of treatment are:
p.(None): - electroconvulsive therapy,
p.(None): - hormone therapy,
p.(None): - use of psychotropic drugs in values exceeding the maximum prescribed dose.
p.(None): (3) Psychosurgical treatment is not permitted in the Republic of Slovenia.
p.(None): (4) The use of special methods of treatment at the proposal of a psychiatrist (hereinafter: psychiatrist) who treats a person shall be decided by the medical council, which shall in each case
p.(None): specially appointed by the director of the psychiatric hospital (hereinafter: the medical council). The medical council consists of at least three psychiatrists, at least one of whom is not
p.(None): employed at the psychiatric hospital where the person is being treated and the person has not been treated.
p.(None): (5) Treatment with electroconvulsive therapy or hormone therapy may be carried out if:
p.(None): - the written consent of the person or guardian is given,
p.(None): - a positive independent opinion is given on the necessity and consequences of such treatment by a psychiatrist who does not treat the person and is not a member of the medical council,
p.(None): - no other effective treatment methods are available for adequate medical care,
p.(None): This is strictly necessary for the treatment of the person, and
p.(None): - the expected benefit outweighs the foreseeable risk and burden of the proposed treatment.
p.(None): (6) Treatment with the use of psychotropic drugs in values exceeding the maximum prescribed dose may be carried out if:
p.(None): - the written consent of the person or guardian is given,
p.(None): No other effective treatment methods are available for adequate medical care, and
p.(None): - this is strictly necessary for the treatment of the person.
p.(None): (7) A doctor may treat with the use of psychotropic drugs in values exceeding the maximum prescribed dose, even without the written consent of the person or guardian and without the approval
p.(None): medical council, if the person needs urgent medical assistance and the conditions referred to in the first paragraph of Article 39 of this Act are met. About this within one day of starting treatment
p.(None): inform the director of the psychiatric hospital, who shall immediately appoint a medical council. The medical council shall approve or not approve the medical council no later than four working days from the receipt of the notification
p.(None): such treatment and immediately inform the director of the psychiatric hospital. The decision of the medical council shall be made by the director of the psychiatric hospital within one day of receiving the notification
p.(None): inform the person closest to him, the agent, the lawyer and the guardian.
...
p.(None): (3) In exercising the rights of a person as a user of health services at health care providers, the representative may cooperate with the representative of the patient's rights in accordance with
p.(None): the law governing patients ’rights. A representative may also perform the duties of a representative of patients 'rights if he is appointed in accordance with the law governing patients' rights.
p.(None): (4) The representative is obliged to protect as a professional secret everything he / she knows about the person in the performance of his / her work, in particular information about his / her state of health, personal, family and
p.(None): social conditions and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): Article 25
p.(None): (1) An individual who meets the following conditions may be appointed as a representative:
p.(None): - has at least a university degree,
p.(None): - has passed the examination for a representative,
p.(None): - has five years of work experience in the field of mental health,
p.(None): - has not been legally sentenced to unconditional imprisonment.
p.(None): (2) The content, conditions and manner of conducting the examination referred to in the second indent of the preceding paragraph shall be determined by the Minister of Social Welfare in agreement with the Minister.
p.(None): Article 26
p.(None): (1) The representative shall be appointed and dismissed by the Minister of Social Welfare on the basis of a public invitation and after a prior opinion of the Minister. The decision on the appointment of a representative shall also specify
p.(None): the psychiatric hospital in the area in which it operates.
p.(None): (2) The Minister of Social Welfare shall determine the more detailed manner and procedure of selection on the basis of a public invitation in a public invitation.
p.(None): (3) The Minister of Social Welfare shall dismiss a representative if he does not meet the conditions referred to in the preceding article, if he so requests or if he does not perform his duties in accordance with this Act.
p.(None): (4) The ministry responsible for social welfare shall publish on its website a list of representatives, which shall contain the following information on representatives:
p.(None): - Personal name,
p.(None): - business telephone number,
p.(None): - the name of the psychiatric hospital and the area in which it operates.
p.(None): (5) The Minister of Social Welfare shall supervise the work of the representative.
p.(None): Article 27
p.(None): (1) The person shall choose a representative from the list of representatives referred to in the fourth paragraph of the previous article with a written authorization. If the person does not choose a representative, he may authorize him to do so
p.(None): the closest person. The authorization referred to in this paragraph may be revoked at any time by a person in any way.
p.(None): (2) A representative shall be authorized by a legal representative for a minor and for an adult who has been deprived of legal capacity.
...
p.(None): (2) In the procedure, the rights and legal interests of a minor or a person who, due to a mental disorder or other circumstances, is unable to take care of his or her own, must be protected.
p.(None): rights and interests. If a person is not legally capable, the court enables him to perform procedural acts independently, if he is able to understand the meaning and legal consequences of such acts.
p.(None): The court shall hear the person, unless, on the basis of direct contact with the person, it considers that this is not possible in view of his or her state of health.
p.(None): Article 33
p.(None): (1) Proceedings before a court under this Act are necessary.
p.(None): (2) In proceedings under this Act, the public is excluded.
p.(None): (3) The court shall warn those who participate in the proceedings that they are obliged to protect as secret everything they know in it and the consequences of the breach of secrecy.
p.(None): V. PROCEDURES FOR ADMISSION OF A PERSON FOR TREATMENT OR TREATMENT
p.(None): 1. The procedure for admitting a person to a psychiatric hospital for treatment in a ward under special supervision
p.(None): Article 34
p.(None): The treatment of a person in a ward under special supervision shall be carried out with the consent of the person or without the consent of the person under the conditions determined by this Act.
p.(None): Article 35
p.(None): (1) A person shall be provided with treatment in a ward under special supervision on the basis of appropriate, individually planned treatment, which shall be defined in the treatment plan. If
p.(None): the person is able to express his / her will, his / her opinion is also taken into account when preparing the treatment plan, insofar as it is in his / her best health benefit.
p.(None): (2) The treatment plan shall be regularly checked and, if necessary, revised.
p.(None): 1.1 Admission to treatment with consent
p.(None): Article 36
p.(None): (1) A person shall be admitted to treatment in a ward under special supervision with or without a referral, if the receiving doctor establishes that all the conditions referred to in the first paragraph of Article 39 are met.
p.(None): of this Act and the person consents in writing to the admission and treatment plan.
p.(None): (2) The consent referred to in the preceding paragraph must be an expression of the free will of the person, based on an understanding of the situation and formed on the basis of an appropriate explanation of:
p.(None): - health status and probable development and consequences of the disease,
p.(None): - the purpose, type and method of implementation, the likelihood of success and the expected benefits and outcome of the proposed treatment,
p.(None): - the possible risks, side effects, adverse effects and other inconveniences of the proposed treatment, including the consequences of discontinuing it,
p.(None): - possible other treatment options.
p.(None): (3) The receiving doctor shall give the explanation referred to in the preceding paragraph to the person in direct contact, in a considerate manner, in a manner understandable to him, in full and in a timely manner.
p.(None): Article 37
p.(None): Upon admission, the receiving doctor fills in the admission form for treatment, which contains at least:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
...
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
p.(None): b) in urgent cases before the court order is issued, if the conditions referred to in Article 53 of this Act are met.
p.(None): a) Admission to treatment without consent based on a court order
p.(None): Article 40
p.(None): (1) The procedure for admission of a person to a ward under special supervision without consent on the basis of a court decision shall be initiated at the proposal of the psychiatric treatment provider, the center for
p.(None): social work, the coordinator of supervised treatment, the nearest person or the public prosecutor's office.
p.(None): (2) The proposal referred to in the preceding paragraph may also be submitted by a legal representative for a minor and an adult who has been deprived of legal capacity.
p.(None): Article 41
p.(None): (1) The proposal referred to in the preceding Article shall be filed with the competent court in the territory of which the person has permanent or temporary residence, or if the person has no registered or permanent residence.
p.(None): not temporary residence, with the court in whose territory he actually resides.
p.(None): (2) The proposal shall contain the information that must be included in each application and an indication of the reasons justifying the existence of the conditions referred to in the first paragraph of Article 39 of this Act.
p.(None): (3) The proposal shall be accompanied by the opinion of the selected personal doctor or psychiatrist who examined the person, and may not be older than seven days. If examination of the person is not possible, the proposal
p.(None): accompanied by a statement from the chosen personal physician or psychiatrist that the examination cannot be performed.
p.(None): Article 42
p.(None): (1) The court shall send the proposal to the person within one day of its receipt. At the same time, it instructs her on the right to reply to it within two days of service of the application.
p.(None): (2) The court shall also inform the person about the right to a lawyer, which he / she chooses within one day from the service of the proposal, and shall inform the court thereof, otherwise the lawyer shall ex officio
p.(None): one day after the expiration of the time during which the person could choose his own lawyer, the court shall set up. An appeal against the decision to appoint a lawyer ex officio is not allowed.
p.(None): (3) The court shall also serve a copy of the proposal and opinion or statement referred to in the preceding article also on the lawyer of the person who may respond to them within two days of service.
p.(None): Article 43
p.(None): (1) Upon receipt of the proposal, the court shall order that the person be examined by a psychiatric expert (hereinafter: the expert) and give an opinion on the
p.(None): her medical condition, which also includes an assessment of whether there is a possibility of treatment in a supervised treatment or treatment in a protected ward. In the order, the court shall determine
p.(None): the psychiatric treatment provider being examined. He forwards the order to the person, lawyer, expert and psychiatric treatment provider.
p.(None): (2) An expert may also examine a person against his or her will, under the conditions determined by Article 44 of this Act.
p.(None): Article 44
p.(None): (1) At the proposal of an expert, the court may, by a decision, decide that a person shall remain in a psychiatric hospital for a maximum of two days, if this is necessary due to the nature of the mental disorder or because
p.(None): because he refuses to voluntarily submit to the inspection and it is not possible to establish the existence of the conditions referred to in the first paragraph of Article 39 of this Act in any other way.
p.(None): (2) The person must be explained in an understandable way the reasons for detention and the rights he has at the time of detention.
p.(None): (3) An appeal against the decision referred to in the first paragraph of this Article may be lodged within one day of the service of the decision.
p.(None): (4) The court of second instance shall decide on the appeal referred to in the preceding paragraph within three days.
p.(None): (5) If it is established during the detention of a person that the conditions referred to in Article 53 of this Act are met, the person shall be admitted for treatment in accordance with the provisions governing admission to treatment without
p.(None): consent in emergencies.
p.(None): Article 45
p.(None): If voluntary execution of the decision referred to in the first paragraph of the previous article is not possible, the provisions of the second and third paragraphs of Article 52 of this Article shall apply mutatis mutandis to the execution of the decision.
p.(None): of the law.
p.(None): Article 46
p.(None): (1) After obtaining the opinion of an expert, the court shall convene a hearing to which it shall invite the proposer, the person, the lawyer, the legal representative, the closest person, the representative and others who would
p.(None): be able to provide information relevant to the decision.
p.(None): (2) The court shall decide on the basis of direct contact with a person by seeing and talking to the person before issuing the decision, if this is permitted by his or her state of health.
p.(None): Article 47
p.(None): (1) At the hearing, the court shall hear the expert who prepared the opinion referred to in the first paragraph of Article 43 of this Act, and others who could provide information relevant to the decision. The court hears
p.(None): also a person if this is possible in view of his state of health. A person who is unable to attend a hearing due to his or her medical condition may be heard where he or she resides.
p.(None): (2) The proposer, the person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be restricted in full or in part by a court on the proposal of an expert, if harmful
p.(None): consequences for her health or the confidentiality or safety of others. The decision, against which there is no special appeal, is served on the lawyer and legal representative.
p.(None): Article 48
p.(None): (1) If, after the evidentiary procedure has been carried out, the court finds that the conditions referred to in the first paragraph of Article 39 for admission to a ward under special supervision have been met, it shall decide by a resolution,
p.(None): that the person be admitted to the ward under special supervision and also determine the period of detention, which may not exceed six months, and the psychiatric hospital that is to admit the person.
p.(None): (2) If the court finds that the conditions referred to in Article 75 of this Act for admission to the protected ward without consent are met, it shall decide by a resolution to admit the person to the protected ward. V
...
p.(None): the decision introduces a procedure in which he appoints an expert and a lawyer of the person and instructs him on the right to replace the appointed lawyer. The decision is served on the person, the lawyer, to whom
p.(None): the notification of the director of the psychiatric hospital, the legal representative, the nearest person and the representative shall also be served.
p.(None): (3) There shall be no special appeal against the decision referred to in the preceding paragraph.
p.(None): (4) If the court initiated the procedure without notifying the psychiatric hospital, the court shall also notify the psychiatric hospital in which the person is detained of the initiation of the procedure.
p.(None): Article 62
p.(None): (1) Within one day after the issuance of the decision on the initiation of the procedure, the court shall visit the person in the department under special supervision and hear him in the presence of a lawyer, expert and representative, except
p.(None): if, on the basis of direct contact with the person, he finds that a hearing is not possible in view of his state of health. The court may inform the lawyer and expert of the date and time of the visit to
p.(None): psychiatric hospital also by telephone or e-mail.
p.(None): (2) The hearing referred to in the preceding paragraph shall be conducted without the presence of those who are treating the person or participating in the treatment.
p.(None): (3) The court shall explain to the person the reasons for initiating the detention procedure and invite him to declare the detention.
p.(None): (4) If during the visit the person declares that he agrees with the detention and consents in writing to the reception, the court shall stop the procedure by a resolution.
p.(None): (5) During the visit, the expert shall examine the person and give an opinion on his / her state of health on the record, which shall also contain an assessment of whether there is a possibility of treatment in supervised treatment.
p.(None): or admission to the secure ward.
p.(None): Article 63
p.(None): (1) If, during the visit of the person referred to in the preceding Article, the court finds that in order to determine whether the reasons for detention in the ward under special supervision are given, further
p.(None): medical examination, decides by an interim injunction that the person remains under observation in the ward under special supervision for a maximum of two days from the date of the issuance of the interim injunction.
p.(None): (2) There is no special appeal against the decision on the interim injunction.
p.(None): Article 64
p.(None): (1) During the visit, the court shall hear an expert, but may also hear a legal representative, the closest person, the attending physician and others who could provide information relevant to the decision.
p.(None): (2) The person, the lawyer, the legal representative and the closest person may ask questions to the heard persons and have the right to inspect the court file.
p.(None): (3) The right to inspect the court file and to be present at the presentation of evidence may be limited under the conditions referred to in the third paragraph of Article 47 of this Act.
p.(None): Article 65
p.(None): (1) Within three days after the visit of a person, the court shall issue a decision by which it decides that:
p.(None): - keep the person in the ward under special supervision,
p.(None): - dismisses a person from the ward under special supervision,
p.(None): - order the person to be admitted to a protected ward of a social welfare institution, or
p.(None): - the person is ordered a supervised treatment.
...
p.(None): hearings. Consent must be in writing. For a person deprived of legal capacity to give consent to his legal representative.
p.(None): (3) A person who has consented to admission to the protected ward may at any time, explicitly or by acts from which it can be inferred, revoke the consent and request that he be dismissed from
p.(None): protected compartment. In this case, the person must be released immediately. The social welfare institution does the same in the event that the consent is revoked by the legal representative.
p.(None): 2.2 Admission without consent
p.(None): Article 75
p.(None): (1) If the person with whom the conditions for admission referred to in the first paragraph of the preceding Article are met does not consent to admission, admission to the protected ward shall be admissible on the basis of a decision
p.(None): courts.
p.(None): (2) The provisions of Articles 40 to 52 of this Act shall apply mutatis mutandis to the procedure of admission to a protected ward on the basis of a court decision, unless otherwise provided in this Chapter.
p.(None): A proposal for the admission of a person to a protected ward may also be submitted by a social welfare institution.
p.(None): (3) The proposal for admission to the protected ward on the basis of a court decision shall be accompanied by the opinion of the social welfare institution on the fulfillment of the conditions for admission, unless the procedure has been
p.(None): started at his suggestion.
p.(None): Article 76
p.(None): (1) A person who has been admitted to a ward under the special supervision of a psychiatric hospital in accordance with the provisions of this Act may, subject to the fulfillment of the conditions referred to in Articles 74 and 75,
p.(None): of this Act shall be transferred to a secure ward before the expiry of the period of detention in a psychiatric hospital.
p.(None): (2) Transfer from a ward under the special supervision of a psychiatric hospital to a protected ward may be carried out with the consent of the person, whereby an opinion must be obtained in advance.
p.(None): the social welfare institution to which the person is to be transferred, on the fulfillment of the conditions for admission, or on the basis of a court decision. In the process of relocation it makes sense
p.(None): apply the provisions of this Act on admission to a secure ward without consent on the basis of a court order.
p.(None): Article 77
p.(None): (1) Detention in a secure ward on the basis of a court decision may be determined for a maximum of one year.
p.(None): (2) If the director of a social welfare institution finds that in order to avert a threat due to the reasons referred to in the first paragraph of Article 74 of this Act, further detention in
p.(None): at least 14 days before the expiry of the time limit from the court decision, proposes to the court that the detention in the protected ward be extended. In the process of extending the detention
p.(None): apply mutatis mutandis the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 78
p.(None): (1) The provisions of Article 71 of this Act shall apply mutatis mutandis to the procedure of dismissal from the protected ward.
p.(None): (2) A person who has been admitted to a protected ward on the basis of a court decision may be transferred to a ward under the special supervision of a psychiatric hospital, whereby
p.(None): apply the provisions of this Act on admission to treatment without consent on the basis of a court order.
p.(None): Article 79
p.(None): In the procedure of deciding on admission and transfer to a protected ward on the basis of a court decision, the court takes into account the wishes and personal wishes of the social welfare institution in determining it.
p.(None): circumstances of the person and any proposal of the nearest person. Prior to the decision, the court also obtains the opinion of the social welfare institution in which the person is to be admitted or
p.(None): relocated.
p.(None): 3. Controlled treatment
p.(None): 3.1 Conditions for supervised treatment
p.(None): Article 80
p.(None): (1) Supervised treatment is the treatment of persons with a severe and recurrent mental disorder, which is carried out on the basis of a court decision under the supervision of a psychiatric hospital, at
p.(None): in the territory of which the person has a permanent or temporary residence, or where he has no registered permanent or temporary residence, in the area in which he actually resides, in the
p.(None): in accordance with a supervised treatment plan outside a psychiatric hospital in the person’s home environment.
p.(None): (2) The treatment of a person in supervised treatment is permissible if all the following conditions are met:
p.(None): - in the case of a person with a severe and recurrent mental disorder,
p.(None): - if she has already been treated in a psychiatric hospital without consent,
p.(None): - if he has already endangered his own life or the lives of others or if he has seriously endangered his own health or the health of others or caused serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the person can be adequately treated in the home environment.
p.(None): Article 81
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General/Other / Other Country
Searching for indicator foreign citizen:
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p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
p.(None): (2) A doctor who refers a person to a psychiatric hospital may, in carrying out detention and ordering transport by ambulance in accordance with the regulation referred to in the second paragraph of Article 56 of this Article.
p.(None): law requires police assistance.
p.(None): (3) When transporting a person by ambulance, the doctor who referred the person to a psychiatric hospital or another health care professional designated in writing by the said doctor shall be present.
p.(None): Article 56
p.(None): (1) When this Act stipulates that a doctor or director of a psychiatric hospital or social welfare institution may request the assistance of the police, the police shall be obliged to co-operate with
p.(None): medical staff and the emergency medical service and to provide them with the necessary assistance until the threat posed by the person can be limited by medical measures.
p.(None): (2) The manner of cooperation between the medical staff and the ambulance service and the police shall be determined by the Minister in agreement with the Minister responsible for the interior.
p.(None): Article 57
p.(None): (1) If the police, when intervening in a public place, in private premises or in the pursuit of a foreign citizen, for whom a warrant or search has been issued, presumes that they are with a person
p.(None): given the reasons referred to in Article 53 of this Act, it shall immediately inform the emergency medical service.
p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - personal name and registered office of the lawyer, if already selected.
p.(None): (2) If the receiving doctor, upon examination of the person, finds that the reasons for detention referred to in Article 53 of this Act are not given, he shall refuse admission.
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General/Other / Public Emergency
Searching for indicator emergency:
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p.(None): - the doctor's assessment that the person was able to understand and accept the treatment plan,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - written and handwritten consent of the person to the admission and treatment plan,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative.
p.(None): Article 38
p.(None): (1) A person who has consented to admission to a ward under special supervision may at any time, explicitly or by acts from which it may be inferred, revoke the consent and request that it be revoked.
p.(None): discharged from treatment in the ward under special supervision. In this case, the person must be released immediately.
p.(None): (2) If, in the case referred to in the preceding paragraph, the doctor assesses that the reasons referred to in Article 53 of this Act are given to the person, he shall detain the person for treatment despite the revocation of consent and instruct him on
p.(None): reasons for detention and the right to a lawyer. The doctor shall notify the director of the psychiatric hospital in writing of the person's detention within four hours.
p.(None): (3) The director of a psychiatric hospital or an individual authorized by him (hereinafter: the director of a psychiatric hospital) shall immediately inform the director in accordance with Article 59 of this Act.
p.(None): the competent court which decides on detention under the procedure for admission to emergency treatment. The director of the psychiatric hospital shall also inform the nearest person and
p.(None): representative in the case of a minor or an adult deprived of legal capacity, as well as a legal representative.
p.(None): 1.2 Admission to treatment without consent
p.(None): Article 39
p.(None): (1) The treatment of a person in a ward under special supervision without his consent is permissible if all the following conditions are met:
p.(None): - if he endangers his own life or the lives of others, or if he seriously endangers his own health or the health of others or causes serious property damage to himself or others,
p.(None): - if the threat referred to in the previous indent is the result of a mental disorder which results in the person having a severely impaired assessment of reality and the ability to control his or her conduct, and
p.(None): - if the stated causes and threats referred to in the first and second indents of this paragraph cannot be prevented by other forms of assistance (by treatment in a psychiatric hospital outside the ward under
p.(None): special supervision, outpatient treatment or supervised treatment).
p.(None): (2) Admission to treatment without the consent referred to in the preceding paragraph shall be made:
p.(None): on the basis of a court order issued following an application for admission to a department under special supervision, or
...
p.(None): supervised hearings or the public prosecutor's office, the costs of the proceedings are covered by the court.
p.(None): (3) If the court grants the proposal for admission, the costs of the procedure shall be covered from the court's funds, except for the costs of a possible proxy of the proposer, which shall be covered by the proposer.
p.(None): Article 52
p.(None): (1) On the basis of the decision on admission referred to in the first and second paragraphs of Article 48 of this Act, the psychiatric hospital or social welfare institution shall, within three days from the service of the decision
p.(None): invites the person to report to a psychiatric hospital or social welfare institution on a certain day, no later than seven days after the summons. A copy of the summons shall also be sent to the court which
p.(None): issued a decision, and the person's lawyer.
p.(None): (2) If a person does not come to a psychiatric hospital or social welfare institution on a certain day and does not justify his absence, the director of the psychiatric hospital or social welfare institution
p.(None): the protection institution shall inform the court that issued the decision, the selected personal doctor and the person's lawyer and order the transport of the person by ambulance. Director of Psychiatry
p.(None): the hospital or social welfare institution may request the assistance of the police in carrying out emergency transport.
p.(None): (3) If it has not been possible to execute the court's decision in the manner referred to in the preceding paragraph, the director of the psychiatric hospital or social welfare institution shall inform the court thereof. If
p.(None): the court finds that the summons for admission to the ward under special supervision or to the protected ward has been properly served, orders the transfer.
p.(None): b) Admission to treatment without consent in emergencies
p.(None): Article 53
p.(None): A person may be admitted to a ward under special supervision without consent and before the issuance of a court decision, if the conditions referred to in the first paragraph of Article 39 of this
p.(None): of the law, when due to the nature of the person's mental disorder it is absolutely necessary to restrict his / her freedom of movement or to prevent contact with the environment before the procedure for admission is carried out.
p.(None): without the consent referred to in Articles 40 to 52 of this Act.
p.(None): Article 54
p.(None): (1) The admission referred to in the preceding Article shall be carried out on the basis of a referral from a selected personal doctor, psychiatrist or other doctor who has examined the person, if he finds that they have been given.
p.(None): reasons referred to in the previous article. The referral, which may not be more than three days old, shall be accompanied by a report on the person's state of health, stating in particular the circumstances from which it arises,
p.(None): that admission is necessary.
p.(None): (2) Notwithstanding the preceding paragraph, a person may be admitted to a ward under special supervision even without a referral, in the case referred to in Article 57 of this Act.
p.(None): Article 55
p.(None): (1) A doctor who refers a person to a psychiatric hospital shall, if necessary, order transport by ambulance. A doctor can be a person who has been referred to a psychiatric hospital and for whom it is
p.(None): ordered transport by ambulance, detain against her will until the arrival of the ambulance.
p.(None): (2) A doctor who refers a person to a psychiatric hospital may, in carrying out detention and ordering transport by ambulance in accordance with the regulation referred to in the second paragraph of Article 56 of this Article.
p.(None): law requires police assistance.
p.(None): (3) When transporting a person by ambulance, the doctor who referred the person to a psychiatric hospital or another health care professional designated in writing by the said doctor shall be present.
p.(None): Article 56
p.(None): (1) When this Act stipulates that a doctor or director of a psychiatric hospital or social welfare institution may request the assistance of the police, the police shall be obliged to co-operate with
p.(None): medical staff and the emergency medical service and to provide them with the necessary assistance until the threat posed by the person can be limited by medical measures.
p.(None): (2) The manner of cooperation between the medical staff and the ambulance service and the police shall be determined by the Minister in agreement with the Minister responsible for the interior.
p.(None): Article 57
p.(None): (1) If the police, when intervening in a public place, in private premises or in the pursuit of a foreign citizen, for whom a warrant or search has been issued, presumes that they are with a person
p.(None): given the reasons referred to in Article 53 of this Act, it shall immediately inform the emergency medical service.
p.(None): (2) A doctor, a member of a unit of the emergency medical service, shall immediately examine a person on the spot and, if he finds that the reasons referred to in Article 53 of this Act are given, shall order the transport of a person with
p.(None): ambulance to the nearest psychiatric hospital.
p.(None): Article 58
p.(None): (1) Upon admission to the ward under special supervision, the person shall be examined by the receiving doctor and shall fill in a form containing the following information:
p.(None): - name of psychiatric hospital,
p.(None): - personal name, code and signature of the receiving doctor,
p.(None): - personal name, EMŠO, address and code of the person,
p.(None): - personal name, address and telephone number of the nearest person,
p.(None): - the personal name of the representative, if one has already been chosen, and the name of the psychiatric hospital in which he operates,
p.(None): - personal name, address and telephone number of the legal representative,
p.(None): - the personal name of the doctor who referred the person to a psychiatric hospital,
p.(None): - day, time and reason for posting,
p.(None): - an explanation of the reasons justifying admission to treatment without consent,
p.(None): - personal name and registered office of the lawyer, if already selected.
p.(None): (2) If the receiving doctor, upon examination of the person, finds that the reasons for detention referred to in Article 53 of this Act are not given, he shall refuse admission.
p.(None): (3) If the receiving doctor establishes that the reasons for detention referred to in Article 53 of this Act are given, he shall detain the person for treatment and instruct him on the reasons for which he is detained and on
p.(None): rights to a lawyer.
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General/Other / Relationship to Authority
Searching for indicator authority:
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p.(None): taking into account her state of health and the need to ensure the safety of others.
p.(None): (2) When considering a person, his will shall be taken into account if it is in his favor.
p.(None): Article 18
p.(None): (1) Providers of mental health programs and services are obliged to protect, as a professional secret, everything they learn about a person in the course of their profession or work, in particular information about
p.(None): her state of health, personal, family and social circumstances, and information relating to the identification, treatment and monitoring of illness or injury.
p.(None): (2) The information protection obligations referred to in the preceding paragraph may be dismissed by the provider of mental health programs and services in accordance with the provisions of the law governing patients
p.(None): rights.
p.(None): 2. The right to correspond, to receive shipments and visits, and to use the telephone
p.(None): Article 19
p.(None): (1) Correspondence shall be enabled for a person, ensuring the secrecy of the content of messages of all forms of correspondence. The person has the right to use e-mail according to the possibilities
p.(None): in a psychiatric hospital or social welfare institution.
p.(None): (2) A person has the right to receive documents from state bodies, local community bodies, holders of public authority and a lawyer and to address them with applications for the protection of his / her
p.(None): rights and legal benefits through a psychiatric hospital and social welfare institution in sealed envelopes.
p.(None): (3) A person has the right to receive and send consignments through a psychiatric hospital and a social welfare institution. A person can accept shipments of food, money, laundry,
p.(None): personal and other objects and newspapers and books.
p.(None): (4) Supervision over the content of received consignments referred to in the preceding paragraph in the presence of a person shall be performed by employees authorized by the director of the psychiatric hospital or social
p.(None): a care institution if the safety of a person, others or a psychiatric hospital or a social care institution is endangered.
p.(None): Article 20
p.(None): (1) A person shall be allowed telephone conversations.
p.(None): (2) The costs of telephone conversations shall be covered by the person.
p.(None): Article 21
p.(None): (1) A person has the right to receive visits in accordance with the house rules of a psychiatric hospital or social welfare institution.
p.(None): (2) A person may be allowed to visit the nearest person and others at least twice a week.
p.(None): (3) Visits to a person shall, as a rule, be carried out in special, suitably equipped premises. The visit may be interrupted only if it adversely affects the health condition of the person, if the person or hers
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Orphaned Trigger Words
p.(None): - the written consent of the person or guardian is given,
p.(None): No other effective treatment methods are available for adequate medical care, and
p.(None): - this is strictly necessary for the treatment of the person.
p.(None): (7) A doctor may treat with the use of psychotropic drugs in values exceeding the maximum prescribed dose, even without the written consent of the person or guardian and without the approval
p.(None): medical council, if the person needs urgent medical assistance and the conditions referred to in the first paragraph of Article 39 of this Act are met. About this within one day of starting treatment
p.(None): inform the director of the psychiatric hospital, who shall immediately appoint a medical council. The medical council shall approve or not approve the medical council no later than four working days from the receipt of the notification
p.(None): such treatment and immediately inform the director of the psychiatric hospital. The decision of the medical council shall be made by the director of the psychiatric hospital within one day of receiving the notification
p.(None): inform the person closest to him, the agent, the lawyer and the guardian.
p.(None): (8) If the medical council does not approve the treatment referred to in the preceding paragraph, the treatment shall be abandoned immediately. If the medical council does not approve the treatment, the council or its member can
p.(None): proposes the introduction of professional supervision with counseling in accordance with the law governing health care. The introduction of expert supervision may also be proposed by a representative.
p.(None): (9) When special methods of treatment are applied to persons who have been admitted for treatment to a ward under special supervision without consent (Articles 39 and 53), their
p.(None): use by a decision in a non-litigious procedure shall be approved in advance by the court in whose area the psychiatric hospital is located within two days of receipt of the proposal. Psychiatric hospital
p.(None): make a proposal for the use of a special method of treatment and attach to it the approval of the medical council for the use of a special method of treatment.
p.(None): (10) The implementation of special methods of treatment shall be entered in the medical documentation of the person. The psychiatric hospital keeps records of the implementation of special treatment methods in accordance with 100.
p.(None): Article of this Act.
p.(None): (11) A person, the closest person, a representative, a lawyer or a guardian has the right to request the implementation of administrative supervision over the implementation of a special method of treatment.
p.(None): (12) Minors may not be treated with special treatment methods.
p.(None): Article 10
p.(None): A person's mental disorder does not in itself constitute a justifiable health reason for carrying out a sterilization measure or abortion.
p.(None): Article 11
p.(None): Scientific research on a person may only be carried out if all of the following conditions are met:
p.(None): - the written consent of the person given by the person after instruction and expressly for that purpose and which may be revoked at any time by any means,
p.(None): - the written consent of the psychiatric hospital council given specifically for that purpose,
p.(None): - human research cannot be replaced by another similarly successful study,
p.(None): - the risks to which the person may be exposed are not disproportionate to the potential benefits of the research,
p.(None): - the research plan is approved by the Commission of the Republic of Slovenia for Medical Ethics, after independently examining its health value, considering the importance of the research objectives, and
p.(None): assess its ethical acceptability,
p.(None): - the person is aware of his rights and guarantees in accordance with the law.
p.(None): II. RIGHTS OF A PERSON IN A DEPARTMENT UNDER SPECIAL CONTROL, IN A SECURED DEPARTMENT AND IN CONTROLLED TREATMENT
p.(None): 1. General
p.(None): Article 12
p.(None): (1) During a hearing in a ward under special supervision, in a secure ward and in a supervised hearing, a person shall be guaranteed respect for human rights and fundamental rights.
p.(None): freedoms, in particular her personality, dignity and mental and physical integrity.
p.(None): (2) The rights guaranteed to a person in a ward under special supervision and a protected ward are:
p.(None): - the right to correspond and use e-mail,
p.(None): - the right to send and receive consignments,
p.(None): - the right to receive visits,
p.(None): - the right to use the telephone,
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): (3) The rights guaranteed to a person under supervised treatment are:
p.(None): - right of movement,
p.(None): - the right to an agent.
p.(None): Article 13
...
Appendix
Indicator List
| Indicator | Vulnerability |
|---|
| access | Access to Social Goods |
| authority | Relationship to Authority |
| children | Child |
| criminal | criminal |
| detained | person in detention center |
| education | education |
| emergencies | patients in emergency situations |
| emergency | Public Emergency |
| employees | employees |
| family | Motherhood/Family |
| foreign citizen | Other Country |
| home | Property Ownership |
| illness | Physically Disabled |
| impaired | Cognitive Impairment |
| influence | Drug Usage |
| job | Occupation |
| liberty | Incarcerated |
| minor | Youth/Minors |
| opinion | philosophical differences/differences of opinion |
| parents | parents |
| police | Police Officer |
| political | political affiliation |
| property | Property Ownership |
| restricted | Incarcerated |
| social welfare | Access to Social Goods |
| threat | Threat of Stigma |
Indicator Peers (Indicators in Same Vulnerability)
| Indicator | Peers |
|---|
| access | ['socialXwelfare'] |
| home | ['property'] |
| liberty | ['restricted'] |
| property | ['home'] |
| restricted | ['liberty'] |
| social welfare | ['access'] |
Trigger Words
capacity
consent
ethics
protect
protection
risk
Applicable Type / Vulnerability / Indicator Overlay for this Input