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Lecture

Mental Health Act.doc

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Department
Philosophy
Course
PHL281H1
Professor
All Professors
Semester
Fall

Description
Français Mental Health Act R.R.O. 1990, REGULATION 741 GENERAL Consolidation Period: From November 1, 2004 to the e-Laws currency date. Last amendment: O.Reg. 331/04. This is the English version of a bilingual regulation. SKIP TABLE OF CONTENTS CONTENTS Sections D EFINITION 1 STANDARDS 2-5 R ETURNS 6 A PPLICATION OPARTSIIAND IIIOFA CT 7 B RINGINGNFORMATION BEFORE JUSTICE UNDERSECTION16 7.1 TAKING INTOC USTODY BYFACILITY 7.2 C OMMUNITY TREATMENT O RDERS 7.3-7.4 A BSENCE WITHOUTAUTHORIZATION 8 B OARD 9-12 FORMS 13 R IGHTSADVICE 14-14.3 R IGHTSADVICE FORPATIENTSFOUND INCAPABLE WITHR ESPECT TT REATMENT OF 15 A M ENTALD ISORDER R IGHTSADVICE FORPATIENTSD ETERMINEDINCAPABLE OFCONSENTING TO THE 15.1 C OLLECTIO, USE ORDISCLOSURE OFPERSONAL HEALTH NFORMATION UNDER THE PERSONAL HEALTH INFORMATION PROTECTIONA CT, 2004 EXPLANATION BY RIGHTSA DVISERS 16 Form 1 Application by physician for psychiatric assessment Form 2 Order for examination (section 16) Form 3 Certificate of involuntary admission Form 4 Certificate of renewal Form 6 Order for attendance for examination Form 8 Order for admission Form 13 Order to admit a person coming into ontario Form 45 Community treatment order Form 47 Order for examination (subsections 33.3 (1) and 33.4 (3)) DEFINITION 1. In this Regulation, “psychiatric facility” means a facility that the Minister designates as such under section 80.2 of the Act. O. Reg. 616/00, s. 1. STANDARDS 2. Plans and specifications for the creation, establishment, construction, alteration or renovation of a psychiatric facility shall be submitted to the Minister for approval. R.R.O. 1990, Reg. 741, s. 2. 3. REVOKED : O. Reg. 616/00, s. 2. 4. (1) Unless exempted therefrom by the Minister under subsection 80.2 (1) of the Act, every psychiatric facility shall offer a program that includes the following essential services: 1. In-patient services. 2. Out-patient services. 3. Day care services. 1 4. Emergency services. 5. Consultative and educational services to local agencies. O. Reg. 616/00, s. 3 (1). (2) Any alteration in the program of a psychiatric facility that limits or restricts any of the essential services listed in subsection (1) shall be submitted to the Minister for approval. R.R.O. 1990, Reg. 741, s. 4 (2). (3) The list of psychiatric facilities designated by the Minister, their classifications, as well as any exemption from the requirement to provide the essential services mentioned in subsection (1), is available on the Internet through the website of the Ministry of Health and Long-Term Care. O. Reg. 616/00, s. 3 (2); O. Reg. 331/04, s. 1. 5. The observation, care and treatment of patients of a psychiatric facility shall be under the direction and supervision of a psychiatrist except at the Woodstock General Hospital and the St. Joseph’s Care Group, Westmount St. Site, in Thunder Bay. O. Reg. 616/00, s. 4. R ETURNS 6. (1) The Minister may require a psychiatric facility to furnish any returns, reports and information that the Minister may consider necessary from time to time. O. Reg. 331/04, s. 2. (2) A psychiatric facility shall comply with a requirement of the Minister under subsection (1). O. Reg. 331/04, s. 2. A PPLICATION OF P ARTS IIAND IIIOF A CT 7. The psychiatric facilities designated by the Minister as belonging to the class of facilities not required to provide in- patient services are exempt from the application of, (a) Part II of the Act, except sections 35 and 35.1; and (b) Part III of the Act. O. Reg. 616/00, s. 5; O. Reg. 331/04, s. 3. BRINGING INFORMATION BEFORE JUSTICE UNDER SECTION 16 7.1 For the purposes of section 16 of the Act, information on oath may be brought before a justice of the peace orally or in writing, and may include documents and other recorded materials relevant to the subject matter of the proceeding O. Reg. 616/00, s. 6. TAKING INTO CUSTODY BY FACILITY 7.2 (1) Where a person is taken to a psychiatric facility under section 33 of the Act, the officer in charge or his or her delegate shall ensure that a decision is made as soon as is reasonably possible as to whether or not the facility will take custody of the person. O. Reg. 616/00, s. 6. (2) The staff member or members of the psychiatric facility responsible for making the decision shall consult with the police officer or other person who has taken the person in custody to the facility. O. Reg. 616/00, s. 6. (3) A staff member designated for this purpose shall communicate with the police officer or other person about any delays in the making of the decision. O. Reg. 616/00, s. 6. (4) Where a decision is made to take the person into custody, the designated staff member shall promptly inform the police officer or other person of the decision. O. Reg. 616/00, s. 6. COMMUNITY T REATMENT O RDERS 7.3 A physician is qualified to issue or renew a community treatment order if he or she is, (a) a psychiatrist; (b) a physician who practises in the area of mental health; or (c) a physician who is an employee or staff member of a psychiatric facility. O. Reg. 616/00, s. 6. 7.4 Where a physician issues an order for examination under subsection 33.3 (1) or 33.4 (3), the physician shall ensure that the police, (a) have complete and up-to-date information about the name, address and telephone number of the physician responsible for completing the examination required under the order and, if the information changes, shall provide the police with the changed information; and (b) are immediately notified if the person subject to the order voluntarily attends for the examination or, for any other reason, the order is revoked prior to its expiry date. O. Reg. 616/00, s. 6. A BSENCE WITHOUT A UTHORIZATION 8. (1) Where the absence without authorization of a patient who is subject to detention in a psychiatric facility becomes known to the officer in charge, he or she shall forthwith issue an order for return in the approved form and notify the appropriate law enforcement authorities. O. Reg. 616/00, s. 7. 2 (2) Where the officer in charge has issued an order for return and has notified the appropriate law enforcement authorities, he or she shall notify those authorities forthwith if the patient returns or if the patient does not return and is deemed discharged from the facility under subsection 28 (4) of the Act. O. Reg. 616/00, s. 7. B OARD 9. The officer in charge shall complete and transmit to the Board a notice in the approved form of the filing of a fourth certificate of renewal or a subsequent fourth certificate of renewal respecting a patient. R.R.O. 1990, Reg. 741, s. 9; O. Reg. 15/95, s. 2 (2); O. Reg. 616/00, s. 8. 10. Every psychiatric facility in respect of which the Board has jurisdiction shall provide applications for review and envelopes pre-addressed to the Board having jurisdiction and an application and envelope shall be furnished forthwith to any person who requests them. R.R.O. 1990, Reg. 741, s. 10; O. Reg. 15/95, s. 3. 11. R EVOKED : O. Reg. 15/95, s. 4. 12. R EVOKED : O. Reg. 616/00, s. 9. F ORMS 13. (1) An application under subsection 15 (1) or (1.1) of the Act shall be in Form 1. O. Reg. 616/00, s. 10. (2) An order under subsection 16 (1) or (1.1) of the Act shall be in Form 2. O. Reg. 616/00, s. 10. (3) A certificate of involuntary admission shall be in Form 3. O. Reg. 616/00, s. 10. (4) A certificate of renewal shall be in Form 4. O. Reg. 616/00, s. 10. (5) An order under subsection 21 (1) of the Act shall be in Form 6. O. Reg. 616/00, s. 10. (6) An order under subsection 22 (1) of the Act shall be in Form 8. O. Reg. 616/00, s. 10. (7) An order to admit a person coming into Ontario under subsection 32 (1) of the Act shall be in Form 13. O. Reg. 616/00, s. 10. (8) A community treatment order under subsection 33.1 (2) of the Act shall be in Form 45. O. Reg. 616/00, s. 10. (9) An order for examination under subsection 33.3 (1) or 33.4 (3) of the Act shall be in Form 47. O. Reg. 616/00, s. 10. (10) Where the Minister approves a form and requires its use under section 80.1 of the Act, the form shall be available on the Internet through the website of the Ministry of Health and Long-Term Care. O. Reg. 616/00, s. 10; O. Reg. 331/04, s. 4. RIGHTS A DVICE 14. (1) The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in each psychiatric facility designated as an institution under the Mental Hospitals Act and may revoke such a designation. O. Reg. 616/00, s. 11. (2) A psychiatric facility that is not an institution under the Mental Hospitals Act shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in the facility. O. Reg. 616/00, s. 11. (3) A psychiatric facility acting under subsection (2) may designate a person or persons or a category of persons designated by the Minister under subsection (1) but on doing so the facility shall inform the Minister of the designation. O. Reg. 616/00, s. 11. (4) A psychiatric facility may revoke a designation made under subsection (3). O. Reg. 616/00, s. 11. (5) A designation or revocation by a psychiatric facility shall be made on its behalf by the officer in charge. O. Reg. 616/00, s. 11. 14.1 The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act with respect to a person who is being considered for the issuance or renewal of a community treatment order where the person is not a patient in a psychiatric facility and may revoke such a designation. O. Reg. 616/00, s. 11. 14.2 Only persons who meet the following requirements may be designated to perform the functions of a rights adviser under the Act whether in a psychiatric facility or with respect to a person who is being considered for the issuance or renewal of a community treatment order: 1. The person must be knowledgeable about the rights to apply to the Board provided under the Act, the Health Care Consent Act, 1996 and the Personal Health Information Protection Act, 2004. 2. The person must be knowledgeable about the workings of the Board, how to contact the Board and how to make applications to the Board. 3. The person must be knowledgeable about how to obtain legal services. 4. The person must have the communications skills necessary to perform effectively the functions of a rights adviser under the Act. 3 5. The person must have successfully completed a training course for rights advisers approved by the Minister and have been certified as having completed such a course. O. Reg. 616/00, s. 11; O. Reg. 331/04, s. 5. 14.3 (1) A physician who is considering issuing or renewing a community treatment order for a person under section 33.1 of the Act shall give notice of his or her intention in the approved form to the person, the person’s substitute decision-maker, if any, and to a rights adviser. O. Reg. 616/00, s. 11. (2) A rights adviser who receives notice under subsection (1) shall promptly, (a) provide rights advice to the person unless the person refuses the provision of rights advice; (b) provide rights advice to the person’s substitute decision-maker, if any. O. Reg. 616/00, s. 11. (3) The rights adviser shall explain to the person and the substitute decision-maker, if any, the requir
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