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- If a patient is is due to his/her health condition not able to understand the consequences of his/her actions, the rights and responsibilty of the decision to give consent to the treament or to refuse such a consent, shall lay with the family members of the patients. In case there are no family members, this right is exercised by the nearest relatives or legitimate representatieves (trustees, guardians).
- In case of a refusal of treatment, the physician shall have the duty to explain to the family members or the nearest relatives or legitimate representatives (trustees, guardians) the consequences of such a refusal.
- Out-patient or in-patient examination and treatment may be performed against the will of patient only in the following cases:
1) if, due to mental disturbances, the behavior of patient is dangerous to himself/herself or to the health or life of other persons;
2) if, due to mental disturbances and their clinical dynamics, the psychiatrist forecasts such behavior of patient what is dangerous to himself/herself or to the health or life of other persons;
3) if the mental disturbances of patient are such what do not allow himself/herself to pass deliberate decisions, and refusal of treatment can cause serious aggravation of health and social situation, as well as infringements of public order.
If a patient is hospitalized against his/her will, the council of psychiatrists must examine patient within 72 hours and pass the decision on subsequent treatment. The council notifies its decision immediately to the patient, his/her family members, but, if they are not exist, - to nearest relatives or legitimate representatives (trustees, guardians). If it is not possible to realize it immediately by meeting with somebody from those people, the notification must be sent to them in written, introducing the entry of that in the registration card of patient.
- For persons, who in procedure stipulated by law are recognized incapable to act, the psychiatric aid shall be rendered according to request of their trustees or their consent in written, except in the above mentioned cases.
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