Mental Health Act: Involuntarily Admitted Patients (14:VII): Difference between revisions
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Mental Health Act: Involuntarily Admitted Patients (14:VII) (view source)
Revision as of 21:32, 14 August 2024
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== B. Short-Term and Emergency Admissions == | == B. Short-Term and Emergency Admissions == | ||
A person may be detained in a psychiatric facility upon the receipt of one medical certificate signed by a physician or nurse practitioner (''MHA'', s 22(1)). Such involuntary confinement can last for a maximum of 48 hours for the purposes of examination and treatment. A second medical certificate from another physician is required to detain the patient for longer than 48 hours (''MHA'', s 22(2)). As an alternative to the admissions criteria under the MHA, a patient may be given emergency treatment under section 12 of the ''HCCFA'' if they have not been involuntarily admitted. As of November 4, 2019, a person can also be admitted in the case of emergencies under section 24 of the ''HCCFA''. | A person may be detained in a psychiatric facility upon the receipt of one medical certificate signed by a physician or nurse practitioner (''MHA'', s 22(1)). Such involuntary confinement can last for a maximum of 48 hours for the purposes of examination and treatment. A second medical certificate from another physician is required to detain the patient for longer than 48 hours (''MHA'', s 22(2)). As an alternative to the admissions criteria under the ''MHA'', a patient may be given emergency treatment under section 12 of the ''HCCFA'' if they have not been involuntarily admitted. As of November 4, 2019, a person can also be admitted in the case of emergencies under section 24 of the ''HCCFA''. | ||
=== 1. Authority of a Police Officer === | === 1. Authority of a Police Officer === | ||
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Pursuant to section 34 of the ''MHA'' and Form 13 under the ''MHR'', directors must fully inform patients orally and in writing of their s 10 ''Charter'' rights and of the ''MHA'' provisions relating to duration, review, and renewal of detention; review hearings; deemed consent and requests for second opinions; and, finally, court applications for discharge. Directors are bound to ensure that patients are able to understand these rights. | Pursuant to section 34 of the ''MHA'' and Form 13 under the ''MHR'', directors must fully inform patients orally and in writing of their s 10 ''Charter'' rights and of the ''MHA'' provisions relating to duration, review, and renewal of detention; review hearings; deemed consent and requests for second opinions; and, finally, court applications for discharge. Directors are bound to ensure that patients are able to understand these rights. | ||
British Columbia has also recently introduced legislation that will allow amendments to the MHA so that people involuntary admitted under the act will be given the option to meet with and access support from an independent rights advisor. This service is expected to be available in 2023 and will be delivered by a team of independent rights advisors who will provide information and answer questions regarding rights and obligations under the ''MHA''. | British Columbia has also recently introduced legislation that will allow amendments to the ''MHA'' so that people involuntary admitted under the act will be given the option to meet with and access support from an independent rights advisor. This service is expected to be available in 2023 and will be delivered by a team of independent rights advisors who will provide information and answer questions regarding rights and obligations under the ''MHA''. | ||
== H. Transfer of Patients or Extended Leave == | == H. Transfer of Patients or Extended Leave == | ||
Section 35 of the MHA gives the director authority to transfer a patient from one facility to another when the transfer is beneficial to the welfare of the patient. Under s 37, a patient may be given leave from the facility (no minimum or maximum periods are specified). Under s 38, a patient may also be transferred to an approved home under specific conditions. | Section 35 of the ''MHA'' gives the director authority to transfer a patient from one facility to another when the transfer is beneficial to the welfare of the patient. Under s 37, a patient may be given leave from the facility (no minimum or maximum periods are specified). Under s 38, a patient may also be transferred to an approved home under specific conditions. | ||
A person released from a provincial mental health facility on leave or transferred to an approved home is still considered to be admitted to that facility and held subject to the same provisions of law as if continuing to reside at the mental health facility (''MHA'' s 39(1)). The patient is still detained under the ''MHA'' and will be subjected to treatment authorized by the director, which is still deemed to be given with the consent of the patient. If the conditions of the leave or transfer are not met, the patient may be recalled to the facility they are on leave or were transferred from, or they may be sent to another authorized facility (''MHA'' s 39(2)). There is no statutory obligation on the facility to inform the patient that the leave is conditional or has expired, raising the possibility that a patient may unknowingly violate the terms of their leave. | A person released from a provincial mental health facility on leave or transferred to an approved home is still considered to be admitted to that facility and held subject to the same provisions of law as if continuing to reside at the mental health facility (''MHA'' s 39(1)). The patient is still detained under the ''MHA'' and will be subjected to treatment authorized by the director, which is still deemed to be given with the consent of the patient. If the conditions of the leave or transfer are not met, the patient may be recalled to the facility they are on leave or were transferred from, or they may be sent to another authorized facility (''MHA'' s 39(2)). There is no statutory obligation on the facility to inform the patient that the leave is conditional or has expired, raising the possibility that a patient may unknowingly violate the terms of their leave. | ||
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An involuntary patient is entitled to a Review Panel hearing before a Mental Health Review Board (MHRB). Generally, a patient is entitled to one hearing during each period of involuntary detention. The application for a Review Panel hearing may be made by the patient or by someone acting on the patient’s behalf (''MHA'', s 25). The application is completed by filling out an “Application for Review Panel Hearing” (Form 7 under the ''Mental Health Regulations''), Section 6 of the ''MHR'' sets out the requirements for scheduling a Review Panel hearing. | An involuntary patient is entitled to a Review Panel hearing before a Mental Health Review Board (MHRB). Generally, a patient is entitled to one hearing during each period of involuntary detention. The application for a Review Panel hearing may be made by the patient or by someone acting on the patient’s behalf (''MHA'', s 25). The application is completed by filling out an “Application for Review Panel Hearing” (Form 7 under the ''Mental Health Regulations''), Section 6 of the ''MHR'' sets out the requirements for scheduling a Review Panel hearing. | ||
A Review Panel hearing takes place before a MHRB panel of three people, which according to section 24.1(3) of the MHA, must include | A Review Panel hearing takes place before a MHRB panel of three people, which according to section 24.1(3) of the ''MHA'', must include | ||
* a medical practitioner or a person who has been a medical practitioner, | * a medical practitioner or a person who has been a medical practitioner, | ||
* a member in good standing with the Law Society of British Columbia (or a person with equivalent training) and | * a member in good standing with the Law Society of British Columbia (or a person with equivalent training) and | ||