[D+300] care crisis 2.0 - the regulated Chaos (8)

The “legislative crisis in care“: federalism crisis and challenge of the rule of law.
In The Right State Of Austria (?) would have to click for the “Public Hand” long ago, the “handcuffs”!

Readers ' reactions to the BICEPS-article “Full Bladder? Please wait!” (See Text below):

"Public Hand" in handcuffs

System crash as effective shock therapy
Love/r “fraza”, it should actually make a neat Bang, with the more wurschtlerei of “Fiber sycophants,” we get more for many, many years. It would need a “deep cleaning” after the Laundry detergent Slogan “forces grey out, and pure White”. Quite right, “a whole System would collapse” if the so-called “homes” and “residential communities” of today to tomorrow, all the laws were complied with.

“Work to rule” against the ruling “of eugenics-Economism”
So, if “work to rule” would be made, would occur, the “worst case”, before the fear of the “eugenic consensus” non-performing Economists in policy (yet) of responsibility. Too much is at help and care, the traditional disregard of human rights, patients ' rights and self-determination rights of the established Befürsorgungs and custody practice, than here is a quick and easy solution would be possible.

Parallel to the “24 hour care” at home by Eastern nurses
There is a similar constellation as the “grey zone” of the “South Bohemian” care solution in the private sector. As a way out of the politically motivated irresponsibility of the last decades had to operate in this area of civic self-help the “self-defense” (multiple broken laws) in order to survive, literally. This “grey zone” was justified on the part of the Endangered the very existence of ethical (and, it is even today for Those who did not bow to the pressure of the prescribed certificate legalization yet).

But also a public Problem-denials have short legs
Morally but not comprehensible it would be if (say) a well-to-do son-in-law, to be loyal to a flawless act of care of a patient mother-in-law (for the relatively short period of time could make up to the end of her life) to loose its adequate contribution ... to the public, but would claim, “there is no health-care crisis” ... we still remember.

Some lies have a bit longer legs (and arms)
Just as little is it (three years later) is acceptable if the competent NÖ Supervisory authorities maintain for four years and four months (even after a criminal complaint before a year and four months), the persistently – but not provable – that legally, everything perfectly in order would have been in writing to perform: “If the management and staff of the institution are of the opinion that the support and care of people under a given set of conditions is possible ... has to be understood as a professionally sound opinion.”

Unpleasant consequences of the upcoming repressions
The previously over many years, well-known, three years ago, targeted published “grey zone” in the private care sector led to the unexpected reversal of a widely expected election result. An 18-month coalition convulsions and contortions and somersaults on the ground, to “forget it”- amendment of the Constitution amendment and the “enough”- crash were the result.

What is the real scandal?
The actual political scandal, however, lies in the fact that it is in the institutional in-patient care area, similar to the “grey zones” and have always been. Here I leave the Argument of an excusable “self defense” on the part of the country's authorities do not apply, because the conscious economistic disregard of Rights and laws happened only fiscal reasons, even though it was only a question of political will and priorities.

The rule of law principle applies not for the country?
In a legal state (Austria) would have representatives of the country's Supervisory authorities, the Commission of the crime of abuse of power held accountable, if they are contrary to negotiated existing laws. Representatives of the Service provider, this law enforcement officer (up to the country's main man) would be in the case of tolerated or even arranged breaches of duty could also be criminally liable if they surrounded themselves aware with the beautiful dyers and Blenders.¹

Countries are not allowed to override Federal law, not out of “base motives”
The health and nursing law exists in this Form since the age of twelve, whether and to amend, as it is more practical and wiser novel would be, without endangering people, is another thing. As a Federal law, and must not be ignored by the GuKG at the country level – just to save cost. To state regulations and guidelines about the minimum standards and economistic care key try to disguise a lot of things.
In the result, but this means only that

1. not only the above-mentioned “social workers”, (actually “forced” or coerced to exceed) care legal skills, for any risks to health and care damage is responsible
2. and also not only the organization, liability of the (less “fortified” or opportunistic) facility operator grasps,
3. but, above all, for the “Public” soon “handcuffs” need to click!

The Postings in the Forum of BICEPS-INFO: nr=9918#fid10470 & #fid10471 & #fid10472 5. August 2009, 13:43-13:44 PM

BICEPS-Posting by “fraza“ (4. August 2009, 23:08 PM)
Dear Fr. Lichtenauer!
Your Show of Maladministration is right, just don't forget the people who depend every Minute on care and maintenance, today, now. Should we wait for a change in the law and see to die like our disabled (sorry). Then, we will be moving in the future in gray areas.
By the Land of lower Austria is required in facilities, the staff has extensive training, just show me a dipl. A nurse would perform for a still low wage these work.
We have still the Situation that caregivers are allowed to do EVERYTHING at home and the caregivers in the Behin.Device not even the food is likely to be. You would stand up and say that I can't and don't, and that anyway, the whole System would collapse.
So is gewurschtelt on this Track, probably the next few years. It comes to Maladministration will not be condemned to a social worker, because the politicians can look the other way, of course, otherwise you will lose the last bit of responsibility, finally, you have one Yes ? Law made.

.

Article in BICEPS-INFO – Text: Dr. Franz-Joseph Huainigg (29. As of July 2009)

Full Bladder? Please wait!
If professional interests are put before the needs of people with disabilities, the bladder, the bowel unentleert and the breathing cannula life-threatening clogged.

Luise F. lives in an upper Austrian group home for disabled people. If you drink due to the heat a little too much water or too much water containing fruit has eaten, it may be that suddenly at 15:00 your bladder is full. Although you could do it, none of the handicapped supervisor authorize inner catheter.
Luise will have to wait until 18:00, then the mobile comes a nurse, and with her the relief. Until then it is pain to endure, spastic convulsions, endure, and possibly even damage to Health caused by Urine backflow into the kidneys risk.
You have to face up to the fact that not all disabled people can live at home. When communities, large care homes, small residential and small group homes (up to 8 people) would like to replace, you have to adapt the framework for the care of disabled people according to their needs.
In family-like residential structures may not be about the clock, a nurse on-call. Therefore, it is necessary that nursing activities for a specific disabled Person can be delegated to the WG from a nurse to a supervisor.
In the 2008 amendment to the health and nursing law (GuKG), it was established the important principle of Delegation. This nursing activities of nursing and care professionals at elder care can be delegated in the framework of the 24-hour care and personal assistants. It is quite incomprehensible why exclude qualified disabled carers in residential groups, from the principle of Delegation. The current legal regulation in the GuKG leads to some absurd situations in residential communities:
A laxative only the qualified professionals to administer, may suppository, simple associations are not allowed to changed, despite the risk of infection of the disabled, their carers and even the respiratory cannula may be extracted in mucilage only from a diploma nurse-terminated sick. Even in the case of emergencies, a corresponding mobile service is to contact to. Who knows that after three minutes without breathing, brain damage will occur, sees the irrationality of these regulations.
Don't be stressed, it's about quality. Because a ventilation cannula well and professionally suction, can members after a Training of personal assistants as well as nurses. It is a Union instead of obsolete occupation is the Care of the benefices secure, a functioning Case - and Care Management. Thus, not only disabled people but also to care professionals would benefit from new areas of responsibility.
The nail sample between professional interests and the basic needs of disabled people happened in the Council of Ministers, where the GuKG amendment was on the agenda.
The important access to the training module of the base supply has been tipped for disabled carers in the last Moment by the Ministry of health from the consultation draft. Likewise, there is no approach of a delegation principle. Existing is firmly concreted, and the flexibility of the approaches are missing. It urgently needs a GuKG-Reform, but not this one!

Translated by Yandex.Translate and Global Translator