Annual Report 2014
there is no specific requirement established regarding the conditions and procedures
of quarantine and confinement unlike in mental health facilities.
Article 46 (1) of the Mental Health Act stipulates the conditions of the imposition
of physical restrictions, such as confinement or restraints of a patient and regulates
that such measures should be minimum necessary within the facility for the purpose
of treating or protecting the patient. Moreover, Article 18-2 of the Mental Health
Act and Article 11-3 (1) v of the Enforcement Regulations of the Mental Health Act
states the need to document and preserve the records of the following: grounds for
isolation and constraint; details of such measures; direct diagnosis at the time of
hospitalization; symptoms at the time of hospitalization; names of the person who
orders and imposes such measures; and the start time, duration, and finish time.
As the measures of quarantine and confinement are directly imposing physical
restrictions of a patient, it restricts the patient’s personal liberty significantly and
may undermine the human rights and health of the patient in cases of abuse, therefore
such measures should be carefully undertaken. While the same standards should
be applied to cases when similar measures of quarantine and confinement are imposed
in general medical facilities other than mental health facilities, at present there
is no provision regarding confinement or constraint as a means of treatment in
the Medical Service Act.
Therefore, the Commission recommended the Minister of Health and Welfare to
establish and implement the appropriate conditions and procedures pertaining to the
confinement and constraint imposed on a patient as a means of treatment in general
health institutions on May 28, 2014.
In response, the Minister accepted the recommendations and enacted and distributed
the “Guidelines on the Reduced Use of Physical Restriction Measures and Tools.” The
30 ▪▪▪ Part
II. Major Activities of the Commission