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Difference between revisions of "Mental Health Act: Consent to Medical Treatment (14:VI)"
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Mental Health Act: Consent to Medical Treatment (14:VI) (view source)
Revision as of 22:39, 25 August 2020
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When admitted to a mental health facility, voluntary patients (or their committees, parents, guardians or representatives) may be asked to sign a “consent to treatment” form, which purports to “authorize the following treatment(s)”. There is no basis in law for requiring this form be signed as a prerequisite of a voluntary admission, but the law does not prohibit such a requirement. | When admitted to a mental health facility, voluntary patients (or their committees, parents, guardians or representatives) may be asked to sign a “consent to treatment” form, which purports to “authorize the following treatment(s)”. There is no basis in law for requiring this form be signed as a prerequisite of a voluntary admission, but the law does not prohibit such a requirement. | ||
Under the HCCFA, consent | Under the HCCFA, “An adult consents to health care if | ||
*(a)the consent relates to the proposed health care, | |||
*(b)the consent is given voluntarily, | |||
*(c)the consent is not obtained by fraud or misrepresentation, | |||
*(d)the adult is capable of making a decision about whether to give or refuse consent to the proposed health care, | |||
*(e)the health care provider gives the adult the information a reasonable person would require to understand the proposed health care and to make a decision, including information about | |||
**(i) the condition for which the health care is proposed, | |||
**(ii) the nature of the proposed health care, | |||
**(iii) the risks and benefits of the proposed health care that a reasonable person would expect to be told about, and | |||
**(iv) alternative courses of health care, and | |||
*(f)the adult has an opportunity to ask questions and receive answers about the proposed health care.” (s 6). | |||
Consent can be given in writing, orally, or inferred from conduct. | |||
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A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | A person who refuses to sign the consent form may be deemed a patient who “could not be cared for or treated appropriately in the facility” under s 18(b) of the MHA. This person runs the risk of being refused admission to the facility or being discharged if already admitted. | ||
Under the ''Patients Property Act'' (PPA) hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing | Under the ''Patients Property Act'' (PPA) hospitals could circumvent the issue of consent by seeking a court order, supported by two medical opinions, to have the patient declared incapable of managing their personal affairs. Minor changes were made to the PPA in September 2011. Under the PPA, a legal guardian or public trustee is appointed as committee to give consent for the patient. It is not sufficient for a family member to give consent for a voluntary informal patient without first obtaining legal guardianship or committeeship, or becoming a substitute decision maker under the HCCFA. | ||
A recent decision in Nova Scotia regarding guardianship found that some of the central provisions of the Incompetent Persons Act, R.S.N.S., 1989, c. 218 are unconstitutional (Webb v | A recent decision in Nova Scotia regarding guardianship found that some of the central provisions of the Incompetent Persons Act, R.S.N.S., 1989, c. 218 are unconstitutional (''Webb v Webb'', 2016 NSSC 180). This legislation allows for the appointment of a guardian where a person is found incompetent (similar to the PPA), but it was found that the legislation was overbroad, not allowing a court to tailor a guardianship order so that a person subject to that order can retain the ability to makes decisions in respect of those areas in which they are capable. This may have an impact on the PPA in BC in the future | ||
Sections 50 to 59 of the Adult Guardianship Act | Sections 50 to 59 of the ''Adult Guardianship Act'', RSBC 1996, c 6 [AGA] allow for a person from a designated agency to make unilateral decisions which affect the adult’s support and assistance without their consent, including treatment and removal from a residence. For instance, section 56 allows a person from a designated agency to apply for a court order which can determine an adult’s mode of treatment. Furthermore, section 59 gives a person from a designated agency broad powers in regard to an adult, such as enter their premises without a warrant, remove them from their premises and convey them to “a safe place”, and provide emergency medical care, so long as it is within the context of an emergency situation or the adult is incapable of providing consent. | ||
The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a | The facility could also proceed under the HCCFA by declaring the patient incapable of consenting, using a TSDM and/or claiming that a state of emergency exists such that the patient must be treated without their consent. | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 14, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
