8.1 Appropriate placement:
The centre admits and retains only patients/clients according to its current Scope of Practice and its treatment and resident capacities. Appropriate referrals are made for patients/clients considered unsuitable for treatment at the centre.
Notes and examples: Patients/Clients may not be admitted or retained at a centre that does not have the adequate staff, resources and expertise to manage their specific treatment needs. This includes detoxification (including voluntary withdrawal) and co-morbid mental health conditions. Centres should not be overcrowded and admit beyond their occupancy capacity.
8.2 Incident reporting and monitoring:
Every suspicious death, injury and neglect of a patient/client are investigated by a suitably qualified and independent review tribunal. Incidents are accurately documented in an incident register and reported to the governing body and relevant authorities (i.e. local magistrate and police).
Notes and examples: The review body includes one or more independent members (e.g. patient/client and community representatives). It seeks to identify individual and systemic factors and, when relevant, related service problems and culpability for the rote of the migistrate in accordance with the Prevention and Treatment of Drug Dependency Act (No. 20 of 1992).
8.3 Faith-based practices:
If the centre has a religious orientation, a written description is provided of particular religious practices that are observed and any religious restrictions.
- a) This religious orientation and associated practices (e.g. church attendance) are not imposed upon any client/patient.
- b) Patients/Clients are free to practise their own religion at the centre.
- c) Provision is made for patients/clients to observe religious dietary requirements and access religious leaders and services within the framework of the centre’s visiting and leave-of-absence policies.
Notes and examples: The spiritual emphasis in the 12 steps programmes should not be used to support involuntary religious practices. Religious instruction should not be an essential component of the treatment programme, but it could be a voluntary daily/weekly activity for interested patients/clients.
8.4 Visits and contact:
Patients/Clients have the right to maintain contact with and receive visits from their families, friends and other persons (e.g. teachers, employers, legal counsel and religious leaders). A documented, enforceable code of conduct for all visitors to the centre is clearly displayed.
Notes and examples: Visiting hours should be stipulated but planned to facilitate access. The right to contact should be balanced with the need for patient/client safety and recovery and the need to maintain a drug- free environment. Reasonable steps may be taken, however, to ensure that visitors are not carriers of psychoactive substances into the centre (e.g. by searching parcels and gifts) and do not violate the documented behavioural rules and expectations of the centre (e.g. high noise levels or abusive behaviour). The centre reserves the right to ask such visitors to leave the centre or, if they are involved in illegal or dangerous activity, to report this and seek assistance from the local police. Contact and visits to patients/clients cannot be denied as a form of punishment
8.5 Abuse:
Patients/Clients (and their families and caregivers) should not be subject to any activity or procedure that is negligent1 demeaning1 exploitative or abusive and/or threatens their physical, sexual, and emotional safety or their recovery process.
8.6 Centre rules:
Patients/Clients, their families and caregivers are supported in complying with the behavioural expectations of the centre. For example:
- a) They are clearly informed on admission of their behavioural responsibilities in accordance with the rules and regulations of the centre and the consequences of violating these rules.
- b) Documented rules/expectations and related information are included as part of the admission process and explained to the patients/clients in their own language or at their functional level.
- c) A signed commitment or contract to abide by such regulations while receiving treatment at the centre is kept in the patients’/clients’ case records.
- d) Clear indications are given on admission as to the consequences of patients/clients using or possessing drugs and/or alcohol or any weapon while receiving treatment
Notes and examples: These behavioural expectations should be documented in referral and admission information, and should be developed and reviewed by the governing body and the patient/client community with a view to developing further criteria on this issue.
8.7 Behaviour management:
Patients/Clients do not undergo any “disciplinary” or “initiation’ procedure that involves any form of the following:
- a) Physical abuse. This includes any form of corporal punishment, i.e. any punishment applied to the body such as beating and “caning”.
- b) Sexual abuse.
- c) Verbal and emotional abuse, including humiliation and ridicule.
- d) Incarceration and inappropriate isolation.
- e) Withholding of any form of medical care, including medicines to ease and facilitate detoxification.
- f) Exercise.
- g) Inappropriate or excessive work.
- h) Undue influence by staff regarding patients’/clients’ religious or personal beliefs (including sexual orientation).
- i) Group punishment for individual misbehaviour.
- j) Withholding of basic necessities such as food, shelter, bedding, sleep and clothing.
- k) Deprivation of access to and contact visits with family and caregivers.
- l) Measures that discriminate on the basis of cultural, linguistic, heritage, gender, race or sexual orientation.
- m) Punishment by another patient/client or staff member.
- n) Any treatment or medical procedure.
- o) Bodily searches.
8.8 Report and monitoring:
All serious behavioural problems and behavioural management interventions are reported to the local magistrate in accordance with current legislation.
- a) This legislation is supported by the centre’s policies and procedures.
- b) Such problems are documented in the patients’/clients’ case records and the incidence register.
- c) Supported by regular liaison and communication with the local magistrate and police.
Notes and examples: This is a requirement of the Prevention and Treatment of Drug Dependency Act (No. 20 of 1992).
8.9 Complaints and investigations:
The centre ensures that clear, confidential, support mechanisms exist whereby patients/clients can make formal complaints and request investigations into the centre’s disciplinary decisions or seek redress for rights abuses.
- a) An accessible, monitored Complaints Register is kept with data on the investigations conducted and the results as well as the actions taken. The complainant signs the register.
- b) The centre acts appropriately to all valid complaints.
Notes and examples: The complaints are regularly reviewed and monitored by management, the governing body and an external arbitrator. A national, independent body should be established to monitor and investigate such complaints.
8.10 Involuntary admissions:
Only patients/clients legally committed to the centre in strict accordance with current statutory requirements and their constitutional rights can be detained at the centre against their will. Patients’/Clients’ rights are violated if patients/clients are detained in the following circumstances.
- a) As part of the centre’s behaviour management or modification practices.
- b) As minors in accordance with parental control and preference.
- c) In response to any undue coercion from families, centre staff and management, employers, religious leaders, law enforcement or any non- legal source
8.11 Restraint and seclusion:
The centre has clear policy and procedures for temporary seclusion and physical restraint in a safe and non-threatening environment in strict accordance with current mental health and social services legislation and policy. This may occur only in the following circumstances.
- a) Patients/Clients are an immediate danger to themselves or others, e.g. in the case of acute intoxication or psychosis.
- b) Patients/Clients must be assessed a soon as possible by a medical doctor/psychiatrist on call.
- c) The directive for any restraint or seclusion is confirmed in writing by the centre’s medical doctor and is monitored according to accepted protocols.
- d) The local police are informed of any such action and their assistance is immediately requested.
- e) Such patients/clients can be transferred to a more secure or contained health or police facility.
- f) Patients/Clients are not secluded for longer than two hours.
- g) No mechanical restraint is ever used (e.g. ropes or chains).
- h) Restraint and seclusion is never used as a behavioural management or modification procedure.
- i) Staff are competent and skilled in coping with aggressive or threatening behaviour.
- j) All cases of restraint and seclusion are reported to the local magistrate within 72 hours.
Notes and examples: The United Nations “Principles on The Protection of persons with Mental illness” state that restraint or seclusion must not be employed except In accordance with the officially approved procedure of the mental health facility and only when it is the only means available to prevent immediate or imminent harm to users or others (Resolution 46/l19 principle 11.11). Restraint and seclusion protocols should be developed by the provincial department of health and it is the centre’s responsibility to ensure that they have such protocols.
8.12 Informed consent:
The patients/clients (or their legal guardians) /are supported in their right to exercise choice and guide all treatment and participation in any research through informed consent.
Notes and examples: The patients/clients should be fully informed as to the nature and content of treatment, confidentiality issues, as well as the expected risks and benefits. This includes participation in any medicine- related “drug trials” undertaken by staff.
8.13 Ethics:
The centre has a documented and displayed policy of ethical behaviour to which all staff adhere and are bound.
- a) Mechanisms exist to ensure that such ethical standards are practised at the centre – this can include staff education, behaviour monitoring and sanction.
- b) Staff are made aware of the consequences of the violation of such ethical behaviour (e.g. being reported to their professional accrediting board or dismissal from the centre).
- c) Criminal violations are reported to the police (e.g. theft, fraud and sexual harassment and abuse).
Notes and examples: Ethical codes of conduct should be practised by professional and accredited staff. These codes should be in line with those developed by statutory professional associations (e.g. HPCSA or lay accrediting bodies). The codes cover issues such as alcohol and drug-free status as well as sexual, legal, financial/business and interprofessional conduct (e.g. no sexual or romantic relations between staff and patient/clients; prohibition of paying commission to referral agents or lack of transparency regarding staff members’/management’s financial interest in centres).
8.14 Staff selection:
The centre makes every effort not to employ staff members who have been perpetrators of any sexual or child abuse or have a criminal history of repeated perpetration of physical and emotional abuse.
Notes and examples: Mechanisms may need to be developed to ensure that this process is supported by current anti-discrimination and employment legislation. At the very least, the centre should routinely require staff to check if applicants have a criminal record.
8.15 Staff retention and reporting:
The centre acts to remove from its service staff members who, through due process, are identified as perpetrators of human rights abuses. It reports staff guilty of physical and sexual abuse to the police and other relevant authorities.
8.16 Labour:
Patients/Clients are protected against labour exploitation in the centre. No labour is undertaken by patients/clients for the private or personal gain of centre staff or management or the upkeep or repair of the centre.
Notes and examples: All work programmes in facilities (centres) should be solely for the patients’/clients’ benefit as part of a supervised rehabilitation programme, the individual goals of which should be stated in the individual (developmental) treatment plan. There should be no unfair discrimination in employment or work tasks.. Work-related activities should not constitute more than four hours of the daily rehabilitation programme.
8.17 Transparency and access:
The centre is transparent and open to community, media and public scrutiny with regard to human rights abuses, governance and standards of care.
Notes and examples: Such scrutiny should, however, be in accordance with the patients’/clients’ (and their families’) rights to privacy and confidentiality.
8.18 Privacy and confidentiality:
The patients’/clients’ (and their families’/caregivers’) privacy and right to confidentiality are respected and upheld by the centre. Documented policy and procedures regulate and support patient/client confidentiality and privacy. For example:
- a) Whenever possible, patients/clients give informed consent for any personal information to be communicated to others (e.g. parents/guardians and schools).
- b) Patients/Clients are not coerced to reveal confidential information to a third party (e.g. family member, employment or therapeutic group).
- c) No audiotapes, photographs, videotape/films are recorded/taken without the patients’/clients’ consent.
- d) Clear ethical guidelines exist for instances where patient/client confidentiality is violated, such as threatened violence and abuse or patients’/clients’ refusal to inform a regular sexual partner of their HIV/AIDS positive status.
Notes and examples: All patients/clients should also be assisted to develop guidelines and rules and to respect confidential material shared by other patients/clients in therapeutic group contexts.
8.19 Diagnostic procedures and interventions:
Patients’/Clients’ (or their legal guardians’) informed consent is always sought for all diagnostic procedures, and patients’/clients’ right to request voluntary and timely access to such testing is supported.
- a) This includes diagnostic tests for tuberculosis and sexually transmitted infections (including HIV/AIDS).
- b) Policies and procedures exist to access such tests and protect patient/client confidentiality and the legitimate rights of others in this regard (e.g. sexual partners and parents).
8.20 Privacy:
All correspondence and personal effects of persons undergoing treatment are regarded as private. Policies and procedures exist to protect patient/client privacy and the legitimate rights of others in this regard.
8.21 Law enforcement and treatment status:
Patients/Clients are not asked or coerced to provide general drug-related information to assist the police or other law enforcement agencies (e.g. information on drug sources such as local drug dealers). The confidentiality of patients’/clients’ personal case information is upheld as specified by the relevant legislation in this regard.
8.22 Leisure and lifestyle:
All patients/clients are entitled to rest and are given opportunities for appropriate physical exercise and leisure activities whilst being treated at the centre.
8.23 Data collection and performance monitoring:
The centre collects quantitative and qualitative data on patient/client profiles and service rendering as required for regulatory bodies and for service improvement.
8.24 Financial management and planning
Budget: The centre has an annual budget that is available for review by the governing body and other regulatory parties.
- Financial regulations: All financial activities at the centre are in line with current statutory financial regulations (e.g. audited annual reports on finances, assets and liabilities for tax, VAT for insurance purposes).
- Planning: The centre has a strategic and annual business plan that encompasses key aspects of the service and performance indicators of the centre.
- Annual reports: The centre submits annual reports to the governing body. These reports are also readily available to other interested parties.
8.25 Human resources management
Staffing plan: A documented staffing plan identifies the number, categories and qualifications of staff at the centre.
Staff complements: All centres employ suitable professional staff and accredited addiction counsellors (only if the use of accredited addiction counsellors is in accordance with their treatment philosophy).
- a) A medical doctor and psychiatrist are employed or are on call for 24-hour backup and consultation.
- b) The minimum interdisciplinary team consists of a professional staff member (a social worker or clinical/counselling psychologist), accredited addiction counsellors and a part-time professional nurse.
- c) Type A centres’ interdisciplinary teams consist of a medical doctor, a psychiatrist (full time, part time or contracted), a social worker, a clinical/counselling psychologist, an occupational therapist (OT) (if an OT is required by the treatment programme) and accredited addiction counsellors.
Staff numbers and coverage: The centre has adequate staff to render a 24-hour specialist substance dependency service.
- a) The staffing norm is one staff member for every 20 patients/clients. A staff member here refers to professional staff and accredited addiction counsellors only.
- b) The minimum number of professional staff available during programme hours is 1,5, i.e. one full-time staff member and one-part/half-day staff member.
- c) The minimum number of professional nurses available during programme hours is 0,5, i.e. working part time/half days.
- d) Type A centres have a professional nurse on duty 24 hours a day, i.e. during daily programme times and after hours. Other categories of nurses may be employed to provide support.
8.26 Job descriptions and contract:
All staff (full time and those working on a consultant basis) should have written job descriptions and signed contracts that are regularly reviewed by management. These descriptions include professional staff members’ registration numbers and current registration status.
8.27 Human resources policies:
Documented, up-to-date human resource policies and procedures cover the following topics.
- a) Recruitment selection and registration of staff and volunteers
- b) Staff orientation (on starting employment)
- c) Wage and salary administration
- d) Skills and qualifications
- e) Training and development
- f) Promotions
- g) Employment benefits
- h) Pay conditions of service
- i) Line of authority
- j) Case supervision
- k) Rules, conduct and ethics
- l) Disciplinary actions and dismissal of staff
- m) Methods of handling cases of inappropriate care or conduct violation
- n) Work performance appraisal
- o) Staff accident and safety
- p) Staff grievances
- q) Staff suspected of using or abusing substances
Notes and examples: Policies on staff competencies and behaviour and on patients’/clients’ safety and rights should receive priority attention.