CPG for Eating Disorders

the freedom of articles 17 of the Spanish Constitution 407 and 5 of the Rome Convention of the 4 thof November, for the protection of human rights and fundamental freedoms 408 .In cases where total hospitalisation is deemed essential without having obtained theinformed consent, article 763 of Law 1/2000 of 7th of January of the Civil Procedures Rules 409establishes the occurrence of two situations: for the condition to be a psychological/psychiatricdisorder and for the affected individual to be unable to make his or her own decisions.Two situations are foreseen:a) To apply for a Court authorisation for voluntary admission to hospital.b) To admit the patient first and to report the admission to the Court with jurisdiction overthe case within 24 hours.In either of these two scenarios, it is a non-contradictory procedure before a Court, beingthe affected individual able to express his or her agreement or disagreement by themselves and ifthe individual so requires by means of representation and defence. The Court will issue either anorder of authorisation or denial that will be open to appeal. The Court will state in the order theobligation on the part of the physicians to inform such Court of the need to maintain the measureevery six months, being possible to establish a shorter period depending upon the type ofdisorder.It is the physician’s ultimate responsibility to decide when to discharge the hospitalisedindividual and the physician shall inform the Court immediately of such decision.RecommendationAccording to current legislation12.1 The use of legal (judicial) channels is recommended in caseswhere the health professional deems it appropriate to safeguardthe health of the patient, observing in all circumstances thepatient’s right to be heard and to be conveniently informed of theprocess and the medical and legal measures that will be applied.The well-informed procedure not only respects the right toinformation but also encourages the patient’s cooperation andmotivation and that of his or her closer relatives in the totalhospitalisation procedure.188CLINICAL PRACTICE GUIDELINE FOR EATING DISORDERS