科研之友
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摘要
The Law 833 of 1978 on the subject of psychiatric emergency treatments in absence of consensus has contributed to grant mental patients equal guaranties and equal constitutional rights which, until that moment, they had been denied. This standpoint includes TSO in favor of mental patients. Ordered by the constitutional laws which guarantee a person%26apos;s inviolable rights, TSO finds itself positioned between individual freedom and the freedom of treatment on the one hand, and the right to safeguard health on the other hand. The procedure of TSO is noticeable in its various phases so as to provide for the various levels of safeguarding a person who is temporarily deprived of the capacity to express valid consensus. On the other side it also has a certain amount of flexibility in its application, which guarantees adaptability of the norm in various contexts and various incidental situations. Nevertheless, the complexity of the law on TSO, as well as the interpretation margins of the procedure have contributed to the creation of an application frame which is not free of criticism. In this context, the recommendations of the Conference of Regions and Autonomous Provinces have particular importance. These recommendations deserve careful analysis, both for the presence of elements of novelty (in the very particular cases of TSO for children under 18 and TSO for decisionally impaired subjects) and for the reminder of the full application of %26quot;non-hospitalized TSO%26quot;. The latter was provided for in Law 833/78 but has never been adequately and completely adopted because it has never been explained in its concrete applicability. Therefore, bearing in mind the already known responsibility of a psychiatrist in an emergency case, and with renewed interest in new medical performance a psychiatrist of public service has to guarantee, we are preparing to give our contribution on the subject of professional obligations at a historical moment in which known trials seem to assign the responsibility for the %26quot;dangerousness%26quot; of a mental patient to the psychiatrist.
- 出版日期2012-8
