Mental Health Act: Involuntarily Admitted Patients (14:VII): Difference between revisions

The director may discharge or grant leave to a person from an institution at any time (ss 36(1) and 37 of the MHA). Under s 23 “a patient admitted under s 22 may be detained in a provincial mental health facility for one month after the date of their admission, and they shall be discharged at the end of that month unless  the authority for their detention is renewed in accordance with s 24”, for further periods of one month, three months and six months. 2.Through a Review Panel Hearing An involuntary patient is entitled to a hearing before a review panel. Generally, a patient may have a hearing once during each period of detention. The application for a review panel hearing may be made by the patient or by someone else on the patient’ s behalf (s 25). The application is completed by filling out  an Application for Review form contained in the MHA Regulations (the “Regulations”.) Section 6 of the Regulations describes the conduct of review panel hearings. Students are encouraged to contact the Mental Health Law Program at CLAS for advice and a possible referral. A hearing takes place before a panel of three people, which must include a medical practitioner, a member in good standing with the Law Society of British  Columbia (or a person with equivalent training) and a person who is not a medical practitioner or a lawyer.