Fergus O'Dowd (Louth, Fine Gael)
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394. To ask the Minister for Health in view of allegations of improper use of anti-psychotic drugs to persons in care, the protocols in place before antipsychotic drugs can be administered; his proposals for changes to these protocols; and if he will make a statement on the matter. [27494/15]

Kathleen Lynch (Cork North Central, Labour)
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I gather that the Deputy is referring to the potential use of antipsychotic drugs in certain HSE-funded residential services for the purpose of restraining or subduing persons who display challenging behaviour.

The following regulations contain provisions relating to safeguards on patient safety, restraint and medication and pharmaceutical services including a requirement that where restraint is used, it is used only in accordance with national policy.The regulations also set out the obligations of the service provider in relation to medication management, and monitoring and review of medications. The regulations are Health Act 2007 (Care & Welfare of Residents in Designated Centres for Older People) Regulations (SI 415 /2013); Health Act 2007 (Care & Welfare of Residents in Designated Centres for Persons (Children and Adults with Disabilities) Regulations (SI 367 of 2013).

National policy is set out in the policy document Towards a Restraint Free Environment in Nursing Homes (2011), and defines restraint as 'the intentional restriction of a person's movement or behaviour'and includes physical, chemical* and environmental restraint.* Chemical restraint is the intentional use of medication to control or modify a person’s behaviour or to ensure a patient is compliant or not capable of resistance, when no medically identified condition is being treated; where the treatment is not necessary for the condition; or the intended effect of the drug is to sedate the person for convenience or for disciplinary purposes.

The appropriate use of drugs to reduce symptoms in the treatment of medical conditions such as anxiety, depression, or psychosis, does not constitute restraint. Chemical restraint is always unacceptable.

All designated centres for older people, adults and children are required to have a written policy on restraint and to keep detailed records of all occasions on which restraint is used. These records must be available for examination by HIQA, the independent statutory body with responsibility for the registration and inspection of designated centres for older people, children and adults with disabilities.