HTHSCI 1CC6 Study Guide - Final Guide: Personality Disorder, Mental Disorder, Intellectual Disability

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2 May 2016
Department
Professor
PRACTICUM 4 LAB 1
Legal Aspects of Mental Health
Define the following terms associated with the legal aspects of mental health:
TERM DEFINITION
Community Treatment Order
(Form 45)
CTOs are a comprehensive plan of community based treatment
or care and supervision that is less restrictive than being
detained in a psychiatric facility. CTOs are an option for those
who require psychiatric treatment for serious, recurring mental
illness.
Section of MHA: 33.1
Who signs: physician qualified to issue or renew a CTO
When: no statutory time restriction. Examination within 72 hours
as precondition for issuing CTO.
Expiration date: up to 6 months
voluntary admission A voluntary admission/patient is a person who is staying in a
psychiatric facility of his or her own free will. The person may be
admitted voluntarily on recommendation of a physician at the
facility.
involuntary status
- Form 1 - Application by
Physician for Psychiatric
Assessment
- Form 2 – Order for Examination
Form 1 – If the staff at the psychiatric facility wish, they
may hold a person on a Form 1 for up to 72 hours.
According to the Mental Health Act, the staff may, "detain,
restrain, observe and examine" the person in the facility "for not
more than 72 hours."
Section of the MHA: 15
Who Signs: Physician who has examined the person
When: Within seven days from and including the examination
date
Expiration Date: Seven days from and including date signed
Form 2 – order for examination: A person brought to the facility
on the basis of a Form 2 may only be held long enough for a
doctor to make an initial examination and decide whether a Form
1 is appropriate.
Section of MHA – 16
Who Signs: justice of the Peace
When: no statutory time restriction
Expiration date: Seven days from and including the day it is
signed.
Certificate of Involuntary
Admission (Form 3)
This involves a person held in a psychiatric facility under a
certificate of involuntary admission (form 3) or a Certificate of
renewal (Form 4) Involuntary status gives authority, subject to
the rules in the Mental Health Act, to detain, restrain and
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2 PRACTICUM 4 LAB
examine the patient at a Schedule 1 psychiatric facility.
Section of MHA: 20(1)(c)
Who Signs: Attending physician (different than the physician
who completed form 1) When:
within 72 hours from start of detention period under a form 1 or
form 13. Expiration date: 2
weeks from and including the date signed.
CERTIFICATE OF INVOLUNTARY ADMISSION (FORM
3)A person may be put on involuntary status (Form 3) only if he
or she fits one of the following four categories:
1) the person is currently being detained on anv Application by
Physician for Psychiatric Assessment (Form 1) and the
maximum 72- hour detention period has not yet expired. The
Form 3 may not be signed by the same physician who signed the
Form 1. This provides for a mandatory second opinion;
2) the person is currently being detained on an Order to Admit a
Person Coming into Ontario (Form 13) and the maximum 72-
hour detention period has not yet expired;
3) the person is an informal patient in a Schedule 1 psychiatric
facility;
4) the person is a voluntary patient (see Definitions, page 35)
under the Mental Health Act in a Schedule 1 psychiatric facility.
Certificate of Renewal (Form 4) This certificate is used to renew the involuntary status of a
person already on a form 3 or a previous form 4. This process
may be repeated as often as the attending physician feels is
appropriate and the legal criteria are met.
Section of MHA: 20(4)
Who Signs: Attending physician
When: before expiry date of previous Form 3 or 4
Expiration Date: 1st certificate of renewal: one month from
expiry date of preceding Form 3. 2nd certificate of renewal: two
months from expiry date of preceding Form 4. 3rd & subsequent
certificates of renewal: three months from expiry date of
preceding.
Change to Informal or Involuntary
Status (Form 5)
(Form 5 in the paper is called Change from involuntary to
informal or voluntary status just fyi*)
If a certificate of involuntary admission (Form 3) or certificate of
renewal (form 4) expires before the attending physician
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PRACTICUM 4 LAB 3
completes another certificate, the patient becomes a voluntary
patient.
Section of MHA: 20(7)
Who Signs: Attending physician (the physician must specify the
reasons for the change of status)
When: Wherever deemed appropriate.
Expiration date: Not applicable
Judicial request for psychiatric
assessment (Form 6 – Order for
Attendance for Examination)
Form 6 – Judicial request for psychiatric assessment (order for
attendance for examination)
Section of MHA: 21(1)
Who signs: Judge
When: when a person appears before a judge charged with or
convicted of an offence.
Expiration date: No statutory time restriction
judicial request for admission to
psychiatric facility (Form 8 – Order
for Admission)
Form 8 – Judicial request for admission to psychiatric facility
(Order for admission)
Section of MHA: 22(1)
Who Signs: judge
When: When a person in custody appears before a judge
charged with an offence and the judge has reason to believe
that the person suffers from a mental disorder.
Expiration date: No statutory restriction on time within which an
order must be executed. Once executed, it authorizes detention
for up to two months.
Order for Return (Form 9) It is used if the client leave the facility without permission. It
enables t police to find and bring the client back to the facility
Section of MHA: 28 (1)
Who Signs: officer in charge of psychiatric facility
When: when the absence of a person who is subject to
detention becomes known to the officer in charge
Expiration date: one month after absence become known to
officer in charge
Incompetence
- Form 21, Form 22, Form 23
Form 21 - Certification of Incapacity to Manage One’s
Property
Section of MHA: 54(4)
Who Signs: physician who perform the examination under
section 54(1) or 54(2) with regard to a person who is a patient in
a psychiatric facility under the mental health act
When: no statutory time restriction
Expiration date: on discharge from the psychiatric facility
unless a form 24 is signed within twenty-one days before
discharge
Form 22 - Financial Statement
Section of MHA: 55
Who signs: officer in charge
When: as soon as possible after the public trustee becomes
the patients statutory guardian
Expiration date: N/A
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