Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity
Abstract
:1. Introduction
2. Methodology
- patient engagement with the campaign, including whether they listened to the TVC, picked up a brochure, or noticed a digital panel.
- Any action resulting from engagement including visiting the Empowered website, talking about it with their GP, or passing information on to a friend.
- Recall of the Empowered Project campaign amongst patients, including awareness and key messages.
- Attitudes towards the Empowered Project campaign amongst patients, including relevance and intention to act.
3. Results
3.1. Health Media Campaign
3.2. Face-To-Face Seminars
3.3. Consumer Feedback
4. Discussion
5. Limitations
6. Conclusions
Supplementary Materials
Author Contributions
Funding
Institutional Review Board Statement
Informed Consent Statement
Acknowledgments
Conflicts of Interest
References
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Essential Fact Number | Consumer/Carer Version By-Line | Consumer/Carer Version (Detailed VERSION) | Medical Version (Doctors and Nurses) By-Line | Medical Version (Doctors and Nurses) Detailed Version |
---|---|---|---|---|
1. | Behaviour changes and psychological symptoms are as common in dementia as memory loss. | Dementia is frequently associated with psychological symptoms and changes in behaviour. The person with dementia might say or do things that they wouldn’t have previously. Up to 90% of people with dementia experience this changed behaviour or psychological symptoms. These are known as BPSD (behavioural and psychological symptoms of dementia) | BPSD (behavioural and psychological symptoms of dementia) are virtually ubiquitous in dementia. | BPSD are behavioural and psychological symptoms of dementia. They effect up to 90% of people with dementia. |
2. | Psychological symptoms and behaviour change with dementia have a number of causes. | Changed behaviour and psychological symptoms in people with dementia have a number of causes. It may be caused by changes in the brain associated with dementia; the person may be unwell (e.g., have an infection); or commonly the person has an unmet need that they cannot express such as pain, temperature, hunger, thirst, boredom, need for nurturing/intimacy or loneliness. Sometimes the person is having trouble understanding or making sense of their environment. | The causes of BPSD are complex | The causes of BPSD are complex and include a range of biopsychosocial and environmental causes including:
|
3. | Non-drug treatment first—Drugs are a last resort unless the behaviour is severe. | The approach to prevent or minimise distress for the person with changed behaviour and psychological symptoms should always be without medicines first, unless the behaviour poses a risk to the person or those around them, or likely to respond to medicines (e.g., paranoia). | Drug treatment is last resort only, or if BPSD are severe. | Treatment is always non-pharmacological (non-drug) first unless behavior is associated with significant risk/distress to the patient or others, or likely to respond to psychotropics. There is a place for positive prescribing in dementia: eg cholinesterase inhibitors and antipsychotics for paranoid symptoms and for severe agitation/aggression. |
4. | The best way to address changed behaviours and psychological symptoms in dementia is to find out why they are happening. | The “trick” to the non-drug approach to changed behaviours and psychological symptoms is to work out the biological, psychological or social/environmental cause including unmet needs. Is the person unwell? Do they need something and can’t express it? Are they in pain, frightened or lonely? This is very individual and may also be influenced by personal life experiences and is thus called “person-centred care”. No “one size fits all” solution will work. There is scientific evidence that many of these non-drug solutions work, including music therapy and training staff in communication and understanding the individual needs of people with dementia. Dementia Support Australia (DSA) is a national service, which administers the Dementia Behaviour Management Advisory Service (DBMAS) and Severe Behaviour Response Teams (SBRT) to up-skill, assist, and support aged care providers in improving care for people with dementia and related behaviours that are responsive to their individual and diverse needs and circumstances. | Treatment of BPSD is never a ‘one size fits all’ solution. | Treatment strategies are never a ‘one size fits all’ solution, necessitating an individualised person-centred approach to BPSD, which requires a comprehensive assessment of the causes including personal history. There is a growing evidence base for the efficacy of a range of psychosocial/environmental strategies, focused on “person-centred care”. Evidence exists for music therapy, home-based behavioural management techniques, caregiver-based interventions or staff training in communication skills, and person-centred care or dementia care mapping with supervision during implementation. Often recourse to drugs occurs when the professional care environment is insufficiently resourced or informed/educated. Dementia Support Australia (DSA) is a national service, which administers the Dementia Behaviour Management Advisory Service (DBMAS) and Severe Behaviour Response Teams (SBRT) to up-skill, assist, and support aged care providers in improving care for people with dementia and related behaviours that re responsive to their individual and diverse needs and circumstances. Their 24 h helpline number is 1800 699 799. |
5. | “Never say never” about drugs in dementia: Sometimes medicines can be helpful but they have a number of side effects, some serious. | Only after non-medicine approaches have failed, if the person is very distressed or the behaviour is severe or dangerous should medication be considered. Paranoid delusions may cause distress and respond favourably to medications. Some medicines used to help and psychological symptoms and changed behaviours have serious risks associated with them such as sedation, falls, stroke, and death. Medication should be started at the lowest dose, response and side effects should be monitored closely, and the dose of medicine adjusted accordingly, and the person should be reviewed at least every 3 months to see if they still need medicines. Anti-dementia drugs (which are misnamed because they don’t stop dementia) also have a role in improving cognition and function. Simple list of psychotropics for consumers. | There is a role for the judicious and careful use of psychotropics to treat BPSD in severe cases. | Psychotropic drugs should only be used for the treatment of agitation/aggression or psychosis in patients with dementia when symptoms are severe, dangerous, and/or cause significant distress to the patient. Certain psychotic symptoms such as paranoid delusions may cause distress and respond favourably to medications. If medications are indicated, they should be used for the shortest time at the lowest possible dose and be reviewed at least every 3 months. Psychotropic drugs have side effects and are associated with stroke and death plus sedation, falls, QT prolongation, pneumonia, and extrapyramidal side effects. Cholinesterase inhibitors or “anti-dementia drugs” also have a role in in improving cognition and function in dementia. |
6. | If ever there was a time to understand changed behaviours, psychological symptoms, or unmet needs, it is at the end of life, including the last 12 months of life, when quality of life is a priority. | It is essential to get this right at the end of life. This is perhaps the most important time to understand and address unmet needs such as pain, anxiety, fear, and loneliness or physical causes of distress. Medications aren’t effective in treating delirium at the end of life. It is also important to focus on the person’s wishes and priorities in regards to end of life care. | It is essential to get this right at the end of life (not just the last few hours of life). | It is essential to get this right at the end of life (not just the last few hours of life). Human rights of equitable access to health care, the relief of distress and pain, and to autonomous decision making are at stake. In patients receiving palliative care, individualized management of delirium precipitants and supportive strategies are more efficacious in treating distressing delirium symptoms than risperidone or haloperidol. |
7. | Consent before use: Doctors must obtain consent first for the use of drugs in dementia. | All doctors (including GPs and specialists) are required to obtain consent from the person themselves where possible, or if they cannot give consent, from their proxy or substitute decision maker, often called the person responsible, for prescribing medicines used to help changed behaviour. This consent needs to be informed i.e., the material risks and benefits of the drug need to be explained. The only exception is in an emergency and then consent must be sought as soon as possible after administration. | Doctors must obtain consent first for the use of drugs in dementia. | If drugs are going to be used, they need to be given with consent, except in an emergency. Clinicians have a duty to ensure that patients are aware of any material risks involved in a proposed treatment and of reasonable alternatives to that treatment. The absence of a valid consent is a factor in establishing liability for civil assault or trespass. For medical professionals, criminal responsibility could arise for murder or manslaughter (where treatment is withheld or withdrawn unlawfully) or for assault (where treatment is provided without appropriate consent or authorisation). Human rights of equitable access to health care, the relief of distress and pain, and to autonomous decision making are at stake. |
8. | People in nursing homes have rights around care and security of tenure. | 4. People in nursing homes have rights around care and in their tenure. They can’t be “evicted” simply because of what others perceive as “bad behavior”. Compliance with the User Rights Principles 2014 (s 96-1 Aged Care Act 1997) Security of tenure is compromised when facilities transfer patients to hospital due to “unmanageable” BPSD, with threat of loss of a bed. A person cannot be asked precipitously to leave a nursing home without prior specialised and independent assessment, written notice, and available alternative accommodation. | People in nursing homes have rights around care and in their tenure. | People in nursing homes have rights around care and in their tenure. Compliance with the User Rights Principles 2014 (s 96-1 Aged Care Act 1997) Security of tenure, is compromised when facilities transfer patients to hospital due to “unmanageable” BPSD, with threat of loss of a bed. A person cannot be asked precipitously to leave a nursing home without prior specialised and independent assessment, written notice, and available alternative accommodation. Dementia Support Australia (DSA), Severe Behaviour Response Teams (SBRT) provide a 24 h helpline number—1800 699 799. |
9. | Special needs groups deserve special attention. | The Australian government has acknowledged the importance of recognising the needs and rights of special needs groups such as Lesbian, Gay, Transgender, Bisexual and Intersex communities, Culturally and Linguistically diverse communities, and Aboriginal and Torres Strait Islander communities in aged care. | The Australian government has acknowledged the importance of recognising the needs and rights of special needs groups such as LGTBI, ATSI & CALD communities. | Always consider special needs groups such as LGTBI, ATSI & CALD communities. The Aged Care (Living Longer Living Better) Bill 2013 allowed for expansion of the meaning of ‘people with special needs’ under Section 11.3(h) of the Aged Care Act 1997 to include “lesbian, gay, bisexual, transgender and intersex people” under the subsequent Allocation Principles 2014 (Section 26(a) and 29). Notes also rights under Guardianship Act 1987. Also, the “same sex partner” (assuming they are recognised as such) has the same rights as any spouse to act as the Person Responsible or Statutory Health Attorney to give proxy treatment consent on behalf of a partner unable to give consent themselves. |
10. | People with more advanced dementia do not do well in hospital. | People with more advanced dementia do not respond well to the hospital environment. The negative outcomes associated with hospitalization of people with dementia include fractures, head injuries, skin tears, infections, inappropriate sedation, and death. | Negative outcomes are associated with hospitalization of people with dementia. | There are a range of negative outcomes associated with hospitalization of people with dementia including fractures, head injuries, skin tears, infections, inappropriate sedation, and death. |
Item | Categories | N (%) |
---|---|---|
Gender | Male | 26 (18.7) |
Female | 112 (80.6) | |
Prefer not to say | 1 (0.7) | |
Age | 18–30 | 11 (7.9) |
31–45 | 18 (12.9) | |
46–60 | 45 (32.4) | |
61–70 | 33 (23.7) | |
71–80 | 18 (12.9) | |
81–90 | 13 (9.4) | |
Prefer not to say | 1 (0.7) | |
State | ACT | 3 (2.2) |
NSW | 54 (38.8) | |
NT | 1 (0.7) | |
QLD | 46 (33.1) | |
SA | 17 (12.2) | |
TAS | 13 (9.4) | |
VIC | 3 (2.2) | |
WA | 2 (1.4) | |
Metro Type | Major City | 37 (27.4) |
Surburban | 38 (28.1) | |
Regional | 32 (23.7) | |
Rural | 28 (20.7) | |
Employment | Full-time | 44 (31.7) |
Part-time/Casual | 31 (22.3) | |
Unemployed, looking for work | 1 (0.7) | |
Unemployed, not looking for work | 1 (0.7) | |
Retired | 56 (40.3) | |
Prefer not to respond | 6 (4.3) | |
Work in Health or Aged care (n = 81) | Nurse | 15 (18.5) |
Facility Manager | 1 (1.2) | |
Psychologist | 3 (3.7) | |
Geriatrician | 2 (2.5) | |
Aged Care Worker | 13 (16) | |
Allied Health | 12 (14.8) | |
Other | 35 (43.2) |
PRE | POST | ||
---|---|---|---|
Health Worker | Mean | 9.2667 | 10.8378 |
N | 45 | 37 | |
Std. Deviation | 1.69759 | 1.04119 | |
Median | 9.0000 | 11.0000 | |
Minimum | 2.00 | 7.00 | |
Maximum | 12.00 | 12.00 | |
Sig (2-tailed) | 0.002 | ||
Not Health Worker | Mean | 6.6667 | 10.0517 |
N | 69 | 58 | |
Std. Deviation | 3.20692 | 1.87712 | |
Median | 7.0000 | 11.0000 | |
Minimum | 0.00 | 4.00 | |
Maximum | 12.00 | 12.00 | |
Sig (2-tailed) | 0.000 | ||
Total | Mean | 7.6930 | 10.3579 |
N | 114 | 95 | |
Std. Deviation | 2.99003 | 1.64327 | |
Median | 9.0000 | 11.0000 | |
Minimum | 0.00 | 4.00 | |
Maximum | 12.00 | 12.00 |
PRE | POST | |||||
---|---|---|---|---|---|---|
Correct n (%) | Incorrect n (%) | Don’t Know n (%) | Correct n (%) | Incorrect n (%) | Don’t Know n (%) | |
Q1 Dementia is a normal part of ageing (True/False) | 95 (57.6) | 21 (12.7) | 17 (10.3) | 114 (69.1) | 14 (8.5) | 5 (3) |
Q2 Changed behaviours and psychological symptoms occur in what % of people with dementia? * up to 3% * up to 20% * up to 60% * up to 90% * I don’t know | 48 (29.1) | 19 (11.5) | 33 (20) | 99 (60) | 17 (10.3) | 14 (8.5) |
Q3 People with advanced dementia do well when they are in hospital (True/False) | 89 (53.9) | 5 (3) | 38 (23) | 116 (70.3) | 7 (4.2) | 9 (5.5) |
Q4 In treating changed behaviours and psychological symptoms in dementia, which of the following is true: * Sedative medications are too risky and should never be used * Sedative medications should be used if in severe or high risk situations * Sedative medications should always be used, it’s the only way to manage changed behaviours * I don’t know | 83 (50.3) | 16 (9.7) | 32 (19.4) | 107 (64.8) | 20 (12.1) | 4 (2.4) |
Q5 Nursing homes have no particular obligations towards Lesbian, Gay, Bisexual, Transgender or Intersex (LGBTI) elders (True/False) | 75 (45.5) | 20 (12.1) | 38 (23) | 107 (64.8) | 17 (10.3) | 7 (4.2) |
Q6 There is NO service available to assist nursing homes support people experiencing changed behaviours or psychological symptoms in dementia (True/False) | 88 (53.3) | 4 (2.4) | 40 (24.2) | 114 (69.1) | 4 (2.4) | 11 (6.7) |
Q7 If a doctor thinks that a person with dementia needs a sedative to calm them down, they don’t need to get informed consent from that person, or their carer to prescribe these medications (True/False) | 87 (52.7) | 13 (7.9) | 32 (19.4) | 118 (71.5) | 10 (6.1) | 4 (2.4) |
Q8 The best way to address changed behaviours and psychological symptoms in dementia is to: * Sedate the person with medication to calm them down * Be firm with the person and explain to them that they are just being silly * Find out why the behaviours are happening * I don’t know | 116 (70.3) | 0 | 15 (9.1) | 129 (78.2) | 0 | 2 (1.2) |
Q9 A person can be asked to leave, or be discharged from a nursing home if they: * behave in an aggressive manner or if they cannot be cared for * if they cannot be cared for and have specialised and independent assessment, written notice, and available alternative accommodation * I don’t know | 76 (46.1) | 14 (8.5) | 42 (25.5) | 123.(74.5) | 2 (1.2) | 6 (3.6) |
Q10 Uncharacteristic behaviours in a person experiencing dementia are generally a response to unmet needs (True/False) | 77 (46.7) | 18 (10.9) | 35 (21.2) | 115 (69.7) | 10 (6.1) | 6 (3.6) |
Q11 Pain relief and morphine-like drugs are never the answer for changed behaviours and psychological symptoms of dementia (True/False) | 34 (20.6) | 53 (32.1) | 43 (26.1) | 70 (42.2) | 57 (34.5) | 4 (2.4) |
Q12 In dementia, acknowledging the end of life and focusing on comfort care should occur: * only in the last few hours of life * only in the last few days of life * up to one month before the end of life * up to 6–12 months before the end of life * I don’t know | 81 (49.1) | 8 (4.8) | 41 (24.8) | 122 (73.9) | 3 (1.8) | 4 (2.4) |
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Jessop, T.; Peisah, C. Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity. Int. J. Environ. Res. Public Health 2021, 18, 7899. https://doi.org/10.3390/ijerph18157899
Jessop T, Peisah C. Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity. International Journal of Environmental Research and Public Health. 2021; 18(15):7899. https://doi.org/10.3390/ijerph18157899
Chicago/Turabian StyleJessop, Tiffany, and Carmelle Peisah. 2021. "Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity" International Journal of Environmental Research and Public Health 18, no. 15: 7899. https://doi.org/10.3390/ijerph18157899
APA StyleJessop, T., & Peisah, C. (2021). Human Rights and Empowerment in Aged Care: Restraint, Consent and Dying with Dignity. International Journal of Environmental Research and Public Health, 18(15), 7899. https://doi.org/10.3390/ijerph18157899