The Dutch Mental Health Care organisation (GGZ) must deal with new legislation to protect and secure the bodily integrity and private life of patients. Because the restrictions on freedom are significant. The Health Inspectorate increasingly gets a better picture about to what extent the healthcare facilities implemented the new legislation. André den Exter, Associate Professor of Health Law at Erasmus School of Law, stresses the importance of this transparency regarding urgent admissions, forced prescription and compulsory measures. At the same time, the GGZ institutions complain about the high administrative load.
The compulsory mental health care act and the healthcare and coercion Act regarding compulsory treatment have been implemented over a year ago. The question arises whether the objective, offering legal protection in cases of forced admission and treatment, is achieved. However, it is still too early to answer this. To answer that question, transparency by the GGZ institutions is essential so that the Inspector can draw up a formal report.
Additional burdens and higher costs
GGZ institutions must deliver information periodically about the necessity, nature and compulsory or involuntary care. “The duty to report is new for the healthcare provider in the case of a well-founded suspicion of a serious deficiency in the implementation of critical care. “The question is whether the notification is taking place and above all what the Inspection does with it”, according to Den Exter.
Healthcare staff complains about the expanding administrative burden and that these burdens may lead to higher costs. Den Exter agrees that these adverse side effects do not outweigh the benefits of proper legal protection. Correct use of the new legislation and competence is essential for the protection. “Because of the lack of experiences since the entry into force, it will not be surprising that this is often the case. (…) further, education of aid workers about the new care regime is very important, just as the use of patient confidants in support of the vulnerable persons”, according to Den Exter.
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Read the entire article in the NRC (in Dutch) here.
