(ii) the person, if not detained at the time of the making of the order in a Provincial mental health facility, attend before the physician for examination at a time and place appointed by the director. Mental Health Act. 41 (1) If a patient involuntarily detained in a Provincial mental health facility leaves the facility without having been discharged under any other section of this Act, the director may, within 60 days after the date on which the patient leaves the facility, issue a warrant in Form B in the Schedule for the apprehension of the patient and the patient's transportation to the Provincial mental health facility and the warrant is authority for the apprehension of the patient and the patient's transportation to the facility. (APPREHENSION OF PATIENT) HLTH 3521 Rev. Mentally ill - Care - British Columbia. (3) A chair appointed under subsection (7) may shorten the time period in sub-section (1) (c) if, (a) the chair considers it to be in the best interests of the patient, or. endstream endobj 147 0 obj <>stream 6 Subject to sections 12 and 18, every resident of British Columbia is entitled to receive service and accommodation in the facilities provided under this Act in accordance with this Act and its regulations. (3) An action under this section must be taken in the name of the director. HeretoHelp is a project of the BC Partners for Mental Health and Substance Use Information. 1987, c. M110, is repealed. 12 The director of every Provincial mental health facility must ensure that no mentally disordered person is admitted into any Provincial mental health facility from a penitentiary, prison, jail, reformatory or institution under the jurisdiction and administration of Canada unless the government of Canada, by or through an officer having authority to act on its behalf, undertakes to pay all charges for care, treatment and maintenance of that person. (Signed) ................................................................... (Official qualification).............................................. "officer in charge of a psychiatric unit", "director of a Provincial mental health facility", This archived statute consolidation is current to December 31, 1996 and includes changes enacted and in force by that date. Learn more. ACT team services are available in Abbotsford, Mission, Surrey, North Delta, New Westminster and the Tri-Cities. The Mental Health Act of Manitoba sets out in law the admission and treatment requirements for patients in psychiatric facilities. Since 2003, we've been working together to help people live well and better prevent and manage mental health and substance use problems. 3 (1) The minister may designate a building or premises as a Provincial mental health facility. --Previously issued in 1999 by Ministry of Health and Ministry Responsible for Seniors. 2.1 Certificates of Incapability . (3) Anyone who appears to have good reason to believe that a person is a mentally disordered person and dangerous to be at large may apply to a Provincial Court judge or, if no judge is available, to a justice. the director of the Provincial mental health facility or a physician authorized by the director must examine the patient who has been detained in the facility and either discharge the patient or record a written report of the examination and include in it the reasons of the director or physician for concluding that the detention of the patient should be renewed. The PPAO supports and protects the rights of persons with mental illness in Ontario. (b) detain, examine and treat the person for his or her condition in the facility or unit for a period that must not, unless the detention becomes otherwise authorized, exceed 72 hours. (6) A patient admitted under this section must be discharged by the director. Sample Decisions. �bXg��T��� Form 21 Mental Health Act (print full name of patient admitted to the psychiatric facility) Re: (home address) (signature of physician) of (print name of physician) I, (name of psychiatric facility) of Note: The physician shall promptly advise the patient of the Certificate of Incapacity by giving the patient a Form 33 and shall notify a rights adviser. (5) If satisfied that there is or was sufficient reason and authority for the admission of a person or patient to a Provincial mental health facility and for detention in it, the court must order that the person or patient be detained in a Provincial mental health facility for care and treatment. [ Sections 39 and 41, R.S.B.C., 1996, c. 288 ] DIRECTOR’S WARRANT. (2) Section 22 (5) applies to the apprehension and transportation of a person to a psychiatric unit. BC youth take action at mental health summits to end stigma; Healthy bodies, healthy minds: Experts share back-to-school tips to boost resiliency in students; Keep kids safe – protect children from window falls as temperatures rise in BC; More people to have quicker access to dental surgery; New website to improve mental health and wellness for young people in B.C. (2) Despite subsection (1), a person detained under section 29 may be transferred to another Provincial mental health facility only with the approval of the Lieutenant Governor in Council or, if the person is detained under section 29 (4) and (5), with the authorization of the person in charge of the correctional centre, youth containment centre, prison or lockup from which the person was transferred. by phone (1-800-665-1822), email (keltycentre@cw.bc.ca), or in person at BC Children’s Hospital. (2) Each medical certificate must be completed and signed by a physician who is not disqualified under subsection (3) and who has examined the person whose admission is requested not more than 14 days before the date of admission and must set out. FORM 9 MENTAL HEALTH ACT [ Section 28, R.S.B.C. Form 1 Mental Health Act (address of physician) (print name of physician) Physician address Name of physician On I personally examined You may only sign this Form 1 if you have personally examined the person within the past seven days. 23 A patient admitted under section 22 may be detained in a Provincial mental health facility for one month after the date of the admission, and the patient must be discharged at the end of that month unless the authority for the detention is renewed in accordance with section 24. … (b) if it is not satisfied that the person or patient is mentally disordered and requires care and treatment in a Provincial mental health facility, make an order under subsection (6) (a), (b) or (c). Signed and sealed ............................................. [month, day, year], at ......................................................... (Signed) ......................................................... (Official qualification)........................................ [Name of person], who is a patient who is authorized to be detained and has been detained in a Provincial mental health facility, left the Provincial mental health facility without having been discharged. The Mental Health Act sets out several reasons that a person may be held as an involuntary patient. reference. Statutory Forms under the Mental Health Act 2001. 10 (1) The Lieutenant Governor in Council may appoint an assessment committee, consisting of 3 members, who hold office during pleasure and without remuneration. (3) If a person is discharged from a Provincial mental health facility or observation unit other than by the operation of section 41 (3), the director of the facility or officer in charge of the observation unit must, on receiving an application by or on behalf of the person, provide the person with a certificate of discharge, signed by the director, in the form prescribed by the Lieutenant Governor in Council. We are a group of seven leading mental health and substance use non-profit agencies. (b) who is detained in a Provincial mental health facility under the Criminal Code. 145 0 obj <>stream Please note abbreviated form names are used in some cases in the table below. (b) on learning that a patient in the ward who was admitted under this section desires to leave the facility, promptly notify the director of the facility of that desire. (4) A patient must not be discharged until the results of the hearing are made known to the patient and then only if the results of the hearing indicate that the patient should be discharged. Form 1 Assessments Under the Mental Health Act Frequently Asked Questions. reference. Mental Health Act, developed with guidance from Borden Ladner Gervais LLP. (4) An order under subsection (1) may direct that, despite the transfer, the officers and employees continue in the public service of British Columbia. 39 (1) The release of a patient on leave or the patient's transfer to an approved home under section 37 or 38 (1) does not, of itself, impair the authority for the patient's detention and that authority may be continued, according to the same procedures and to the same extent, as if the patient were detained in a Provincial mental health facility. Scottish Goverment forms recommended for use under the Mental Health (Care and Treatment) (Scotland) Act 2003. first and last name of person examined (please print) dd / mm / yyyy 1996, c. 288 ] MEDICAL CERTIFICATE (INVOLUNTARY ADMISSION) Note: if above space is insufficient, continue on back of form I, , M.D., certify that I examined physician’s name (please print) on . (3) The director of either facility may issue a warrant in Form B in the Schedule for the apprehension of the patient and the patient's transportation to the facility to which the patient is recalled. (a) to a person appointed under the regulations as an officer in charge of a psychiatric unit, and. 43 (1) The Lieutenant Governor in Council may make regulations referred to in sec-tion 41 of the Interpretation Act. It covers topics such as designated facilities, admission, treatment, renewal of involuntary status, leave, rights, transfers, discharge, and unauthorized absence. 4 BC’s Mental Health Act in Plain Language How to Use this Guide The following document has been created as a tool to assist people in understanding the Mental Health Act of British Columbia and the law governing the care and treatment of people with mental illness in BC. Signed and sealed ................................ [month, day, year]. The Mental Health Act, R.S.M. The goal of this research project was to investigate and make public some of the most common and troubling components of the administrative system for mental health detention and involuntary psychiatric treatment in BC. The Mental Health Commission considers this document to be one that can be updated. (b) that requires medical treatment or makes care, supervision and control of the person necessary for the person's protection or for the protection of others; "mentally retarded person" means a person, (a) in whom there is a condition of arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, that is of a nature or degree that requires or is susceptible to medical treatment or other special care or training, and. The BC Mental Health Act and the Mental Health Regulation are outdated, deeply flawed, and inadequate to fulfill the rights guaranteed by the Charter and the UN CRPD. 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