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

Patients who are admitted to a mental health facility without their consent are admitted involuntarily. The MHA provides mechanisms for both short-term emergency admissions and for long-term admissions. '''The HCCFA and all of its requirements for consent to treatment do not apply to  psychiatric treatment of involuntarily admitted patients.''' Involuntarily admitted patients therefore have few rights in this area by statute, although some parts of the MHA could potentially be challenged under the ''Charter''.

Section 22 of the MHA provides that a person may be admitted involuntarily and detained for up to 48 hours. The person must first be examined by a doctor and the doctor must provide a medical certificate stating that he or she is of the opinion that the person has a mental disorder and requires treatment to prevent "the substantial mental or physical deterioration" of the person or to protect that person or others. A second  doctor must provide a second certificate for the person to be detained longer than the initial 48 hours. ''Mullins v Levy'' 2009 BCCA 6, the  leading case in this area, applied a broad definition of “examination” and stated that the MHA does not require a personal interview of the patient in every instance. However, a patient is entitled to request a review hearing according to certain prescribed periods that depend on the length of time the patient has been detained or that his or her detention has been renewed.