Restrictive practices in health care and disability settings : legal, policy and practical responses / edited by Bernadette McSherry, Yvette Maker.

Contributor(s): McSherry, Bernadette | Maker, YvetteMaterial type: TextTextSeries: Publisher: London : Routledge, 2021Description: 1 online resource (343 pages)ISBN: 9781000290158; 1000290158; 9781000290257; 1000290255; 9780429355219; 0429355211; 9781000290202; 1000290204Subject(s): Medical care -- Law and legislation | Medical personnel -- Government policy | Medical policy | Restrictive practices in industrial relations | LAW / General | LAW / Civil Rights | LAW / ComparativeDDC classification: 344.041 LOC classification: K3601 | .R47 2021Online resources: Taylor & Francis | OCLC metadata license agreement
Contents:
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Contents -- List of figures -- List of tables -- Table of cases -- Table of statutes -- Abbreviations -- Acknowledgments -- List of contributors -- PART I Background: rationales and options for reform -- 1 Restrictive practices: options and opportunities -- Introduction -- Definitions and scope -- Background: the wider context and options for reform -- The role of regulation and its limits -- Implementing and monitoring regulatory change
Challenging risk, fear and blame: the need for complementary culture and practice change -- 2 Ending restraint: an insider view -- Introduction -- Situating ourselves -- Background -- Minority groups and restraint -- Defining restraint -- Intersectionality of restraint -- Direct restraint -- Restraint on bodies and associated harms -- Restraint on minds and associated harms -- Restraint on freedoms and associated harms -- Indirect restraint and associated harms -- Restraint and harms to self-hood -- Restraining impact of a biogenetic paradigm -- Eliminating restraint
Why 'reducing' is not enough -- What next? -- Fast forward to 2050: finally, the mad are free -- Key historical events leading to the abolition of all forms of restraint -- Conclusion -- PART II Designing legislation and policy to support change -- Introduction to Part II -- 3 Human rights and rapid tranquillisation -- Introduction -- The data set -- The overall structure of the policies -- Overall objectives and context -- Procedural issues -- Rapid tranquillisation and care planning -- Implementing rapid tranquillisation -- Procedures following rapid tranquillisation -- The medications
Route of administration and rapid tranquillisation drugs -- Evidence-based practice, rapid tranquillisation and human rights -- Legal contexts -- Conclusion -- 4 The regulation of restrictive practices on people with intellectual impairment: the challenges and opportunities posed by a rights-based approach -- Introduction -- Background -- The use of restrictive practices to respond to behavioural issues -- Why the use of restrictive practices must be regulated -- The current regulatory approach in Australia -- Current sources of authorisation for restrictive practices
Does legalism offer the best way to address regulatory gaps? -- A rights-based approach to safeguarding the rights to liberty and security -- A rights-based approach to equality: moving beyond 'legalism' -- Applying a rights-based approach to equality in the regulation of restrictive practices -- Conclusion -- 5 Beyond restraint: gender-sensitive regulation of the control of women's behaviour in Australian mental health and disability services -- Introduction -- A note on terminology -- Research on the gendered dimensions of restraint
Summary: This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.
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This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Contents -- List of figures -- List of tables -- Table of cases -- Table of statutes -- Abbreviations -- Acknowledgments -- List of contributors -- PART I Background: rationales and options for reform -- 1 Restrictive practices: options and opportunities -- Introduction -- Definitions and scope -- Background: the wider context and options for reform -- The role of regulation and its limits -- Implementing and monitoring regulatory change

Challenging risk, fear and blame: the need for complementary culture and practice change -- 2 Ending restraint: an insider view -- Introduction -- Situating ourselves -- Background -- Minority groups and restraint -- Defining restraint -- Intersectionality of restraint -- Direct restraint -- Restraint on bodies and associated harms -- Restraint on minds and associated harms -- Restraint on freedoms and associated harms -- Indirect restraint and associated harms -- Restraint and harms to self-hood -- Restraining impact of a biogenetic paradigm -- Eliminating restraint

Why 'reducing' is not enough -- What next? -- Fast forward to 2050: finally, the mad are free -- Key historical events leading to the abolition of all forms of restraint -- Conclusion -- PART II Designing legislation and policy to support change -- Introduction to Part II -- 3 Human rights and rapid tranquillisation -- Introduction -- The data set -- The overall structure of the policies -- Overall objectives and context -- Procedural issues -- Rapid tranquillisation and care planning -- Implementing rapid tranquillisation -- Procedures following rapid tranquillisation -- The medications

Route of administration and rapid tranquillisation drugs -- Evidence-based practice, rapid tranquillisation and human rights -- Legal contexts -- Conclusion -- 4 The regulation of restrictive practices on people with intellectual impairment: the challenges and opportunities posed by a rights-based approach -- Introduction -- Background -- The use of restrictive practices to respond to behavioural issues -- Why the use of restrictive practices must be regulated -- The current regulatory approach in Australia -- Current sources of authorisation for restrictive practices

Does legalism offer the best way to address regulatory gaps? -- A rights-based approach to safeguarding the rights to liberty and security -- A rights-based approach to equality: moving beyond 'legalism' -- Applying a rights-based approach to equality in the regulation of restrictive practices -- Conclusion -- 5 Beyond restraint: gender-sensitive regulation of the control of women's behaviour in Australian mental health and disability services -- Introduction -- A note on terminology -- Research on the gendered dimensions of restraint

Services ignore the relevance of gender to women's needs and experiences.

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