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Special Admissions to Psychiatric Hospitals Act (BOPZ)

The Special Admissions to Psychiatric Hospitals Act (BOPZ) was replaced on 1 January 2020 by the Compulsory Health Care Act (Wet verplichte ggz) and the Care and Coercion Act (Wet zorg en dworce). The information on this page is therefore dated. More information about the new legislation can be found on the government website Dwang in de zorg.

 

The Special Admissions to Psychiatric Hospitals Act (Wet Bijzondere Opnemingen in Psychiatrische Ziekenhuizen, BOPZ) actually falls outside the scope of criminal law, but in many respects resembles the TBS (and this can only be imposed by the criminal courts). As in criminal cases, it is the public prosecutor who asks for deprivation of liberty. Clarice Stenger is the only one at the office who deals with these cases; this is a highly specialised area of law that requires a completely individual approach.

 

The BOPZ applies if you have to deal with a forced admission. The law applies:

  • the involuntary admissions and treatments in psychiatry;
  • caring for people with intellectual disabilities;
  • psychogeriatry (care of the elderly for people with dementia).

 

How can you be forcibly hospitalized?

The law provides for two forms of forced admission to a mental health organisation (mental health institution).

  •  a detention facility (ibs). This is an emergency procedure. The judge decides within three working days after the compulsory admission whether the conditions for an ibs have been met;
  • a judicial authorisation (rm). The rm is not an emergency procedure. The judge decides in advance whether you need to be admitted with an rm.

 

Detention (ibs)

Detention is an emergency procedure to admit you, against your will, to a mental health organisation (mental health institution). You can only be admitted involuntarily with an ibs in the following situation:

  • you're causing a danger to yourself or others;
  • there is a serious suspicion that the danger is caused by a psychiatric disorder;
  • the threat of danger is so urgent that a court ruling cannot be awaited;
  • Admission to a mental health organization is the only way to avert the danger;
  • you show no willingness to be admitted.

 

The judge decides whether the ibs should be continued. He decides partly on the basis of a medical certificate drawn up/approved by a psychiatrist with whom you have not been treated. The judge will only make the decision after he has spoken to you, your lawyer, your attending physician and any other persons, e.g. your partner. This takes place during a hearing that takes place at the mental health institution where you are staying. The ibs is valid for three weeks from the decision to continue.

If the court decides to continue with the ibs, you cannot challenge this decision on appeal. You can, however, submit a request for dissolution or lodge an appeal in cassation.

 

Compensation

If it turns out that the mayor has wrongly issued a detention order, you can ask the civil court for compensation.

 

Judicial authorisation (rm)

A judicial authorisation (rm) is a measure taken by the court, whereby you are admitted against your will to a mental health organisation (mental health institution). The following persons can apply for rm through the public prosecutor: a spouse or life partner, parents (unless expelled), adult relatives up to the second degree (grandparents, children, grandchildren, brothers and sisters), a guardian, a trustee and yourself.

You can only be admitted involuntarily with an authorisation in the following situations:

  • you cause danger to yourself and to others;
  • the danger is caused by a psychiatric disorder;
  • inclusion in a mental health institution is the only way to avert the danger;
  • you show no willingness to be admitted;

 

In order to apply for an rm, a recent medical certificate must be present. This statement is drawn up by an independent psychiatrist, i.e. a psychiatrist with whom you have not been (have not been) under treatment. The judge will decide whether you will get an rm. He will only make this decision after he has spoken to you, your lawyer, your treating doctor and any other persons, for example your partner.

There are different types of judicial authorisations. They will be discussed separately below.

 

Provisional authorisation

The provisional rm lasts a maximum of half a year, but can also be issued for a shorter period. If you have not yet been admitted but are staying at home, you must be admitted to a mental health institution within two weeks of the court ruling. If this period is not met, the rm will lapse.

 

Permission for continued residence

The renewal of a provisional authorisation is called an authorisation for continued residence.

The BOPZ medical director can apply for an extension at any time. The continuation of the rm can last up to one year. If you have been admitted five years in a row, the judge can grant an extension for two years at a time.

 

Authorisation at your own request

In certain circumstances, you can ask for an rm yourself through the prosecutor. Even if you have been admitted with an rm at your own request, you may not leave the mental health institution without permission. An rm at your own request takes a minimum of six months and a maximum of one year.

 

Conditional authorisation

A conditional judicial authorisation may prevent you from being admitted to the mental health institution by agreeing to the treatment plan and the conditions stated therein. You will be admitted if - despite the fact that you adhere to the conditions - you still pose a danger to yourself or others. You may also be admitted if you do not comply with the conditions or if you wish to be admitted yourself.

 

What are the consequences of a recording

Recording with an ibs or rm has consequences for your legal status. You are restricted in your freedom of movement. If you leave the mental health institution unlawfully, you can be retrieved against your will, if necessary with the help of the police. In order to bridge an acute emergency situation, your medical practitioner or his or her deputy may apply the so-called means or measures. The BOPZ Act lists five means or measures: isolation, separation, fixation, administration of medication, administration of fluids and/or nutrition. The application of these means or measures is subject to strict rules.

There are also rights that always remain valid during a forced admission. For example, you have the right to visit and the right to free telephone traffic. You can have your money at your disposal and you can manage your possessions. Certain rights may be restricted by departmental rules. Your mail may also be checked for items sent along, but only in your presence. The practitioner can never forbid you from having contact with your lawyer and the Patient Confidential Advisor (pvp).

 

Leave and conditional dismissal

If you have been admitted with an rm, you can go on leave if your attending physician gives you permission to do so. There are conditions attached to this leave, for example that you take your medicines. If you do not adhere to the agreed conditions or if your condition deteriorates, the BOPZ doctor-director may withdraw the leave. If it turns out that the danger has decreased, the BOPZ doctor-director can give you a conditional dismissal.

 

 

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