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

Mental Health Act: Involuntarily Admitted Patients (14:VII) (view source)

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 Under s 31, a patient who is involuntarily detained under the MHA is deemed to consent to any treatment given with the authority of the director. This will override any decisions made by a patient’s committee, personal guardian or representative.
-An involuntary patient or someone on his or her behalf may request a second medical opinion on the appropriateness of the treatment authorized by the director. Under s  31(2) a patient may request a second opinion once during each detention period. Under s 31(3) upon receipt of the second medical opinion, the  director need only consider whether changes should be made in the authorized treatment for the patient. There is no statutory right of appeal from the director’s decision. Currently this being subjected to a Charter challenge, but a decision has yet to be made.
+An involuntary patient or someone on his or her behalf may request a second medical opinion on the appropriateness of the treatment authorized by the director. Under s  31(2) a patient may request a second opinion once during each detention period. Under s 31(3) upon receipt of the second medical opinion, the  director need only consider whether changes should be made in the authorized treatment for the patient. There is no statutory right of appeal from the director’s decision. Currently this being subjected to a ''Charter'' challenge, but a decision has yet to be made.
 == F. Right to Treatment ==