2020 Legislative Session: 5th Session, 41st Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE ADRIAN DIX

MINISTER OF HEALTH

BILL 22 – 2020

MENTAL HEALTH AMENDMENT ACT, 2020

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the

Province of British Columbia, enacts as follows:

Part 1 – Mental Health Act Amendments

SECTION 1: [Mental Health Act, headings to

Part 1 and Division 1 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

1 The Mental Health Act, R.S.B.C. 1996, c. 288, is amended by repealing the heading

Part 1 and substituting the following:

Part 1 – Admission for Psychiatric Treatment

Division 1 –

Interpretation .

SECTION 2: [Mental Health Act,

section 1] changes references and modernizes the language of a definition, consequential to

the addition by this Bill of

Part 2 to the Act.

Section 1 is amended

(

a) by striking out " In this Act: " and substituting " In this Part: ",

(

b) in the

definitions of "approved home" , "director" , "patient" and "Provincial mental health facility" by striking out " this Act " and substituting " this Part ",

(

c) in the definition of "director" by adding " made under

section 43 " after " the regulations ",

(

d) by repealing the definition of "public hospital" and substituting the following:

"public hospital" has the same meaning as "hospital" in

section 1 of the Hospital Act ; , and

(

e) in the definition of "society" by striking out " facilities " in both places and substituting " designated facilities ".

SECTION 3: [Mental Health Act, heading to Division 2 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

3 The heading to

Part 2 is repealed and the following substituted:

Division 2 – Administration .

SECTION 4: [Mental Health Act,

section 2] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

Section 2 is amended by striking out " facilities " and substituting " designated facilities ".

SECTION 5: [Mental Health Act,

section 6] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

Section 6 is amended by striking out " under this Act in accordance with this Act and its regulations " and substituting " under this

Part in accordance with this Part and the regulations made under

section

43 ".

SECTION 6: [Mental Health Act,

section 11] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

Section 11 (1) is amended by striking out " this Act " and substituting " this Part ".

SECTION 7: [Mental Health Act,

section 16] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

Section 16 (

h) and (

i) is amended by adding " made under

section 43 " after " the regulations ".

SECTION 8: [Mental Health Act, heading to Division 3 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

8 The heading to

Part 3 is repealed and the following substituted:

Division 3 – Admission and Detention of Patients .

SECTION 9: [Mental Health Act, sections 18, 24.1, 25, 32, 33, 35 and 36] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

9 Sections 18, 24.1 (4), 25 (2.3), 32, 33 (5), 35 (3) and 36 (2) are amended by striking

out " this Act " wherever it appears and substituting " this Part ".

SECTION 10: [Mental Health Act, sections 37 and 38] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

10 Sections 37 and 38 are amended by adding " made under

section 43 " after " the regulations ".

SECTION 11: [Mental Health Act,

section 39] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

Section 39 is amended

(

a) in subsection (1) by striking out " this Act " and substituting " this Part ", and

(

b) in subsections (2) and (3) by adding " made under

section 43 " after " the regulations ".

SECTION 12: [Mental Health Act,

section 41] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

Section 41 (1) is amended by striking out " this Act " and substituting " this Part ".

SECTION 13: [Mental Health Act, heading to Division 4 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

13 The heading to

Part 4 is repealed and the following substituted:

Division 4 – Regulations .

SECTION 14: [Mental Health Act,

section 43] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

Section 43 (2) (

f) and (

i) is amended by striking out " this Act " and substituting " this Part ".

SECTION 15: [Mental Health Act,

Part 2] adds a new Part that provides for the admission of a youth to, the detention of a

youth in and the discharge of a youth from stabilization facilities, for the purpose

of providing stabilization care in relation to the youth's engagement in severe problematic

substance use.

15 The following

Part is added:

Part 2 – Youth Stabilization Care

Division 1 –

Interpretation

Definitions

In this Part:

"adult" means an individual who is 19 years of age or older;

"best interests" means best interests as determined in accordance with

section 45 [best interests of youth] ;

"community supports" includes strategies and services

(

a) to reduce the risk to a youth of physical, mental and social harms arising from

the youth's engagement in severe problematic substance use, and

(

b) to increase the capacity of a youth to make decisions for the purposes of reducing

and managing the youth's engagement in severe problematic substance use;

"director" , in relation to a stabilization facility, means the person appointed under

section

69 (1) [appointment of director] as the director of the facility;

"discharge letter" means a letter made in accordance with

section 66 (2) [discharge plan requirements] ;

"discharge plan" means a discharge plan made in accordance with

section 56 [discharge plan] ;

"health care" means

(

a) anything that is done for a therapeutic, preventive or diagnostic purpose, and

(

b) a course of care;

"physician" means a medical practitioner;

"public hospital" has the same meaning as "hospital" in

section 1 of the Hospital Act ;

"recommending physician" means a physician who makes a stabilization care certificate;

"regional health board" means a regional health board of a health authority within the meaning of the Health Authorities Act ;

"responsible adult" means a person who, under

section 46 [responsible adult] , is or is designated as a responsible adult;

"service provider" means a person who provides, outside of a public hospital, health care services or

community supports;

"severe problematic substance use" has the meaning given to it in

section 47 [severe problematic substance use] ;

"stabilization care" means the actions described in

section 54 (1) [stabilization care] ;

"stabilization care certificate" means a certificate made in accordance with

section 50 [first stabilization care certificate] or 59 [second stabilization care certificate] , as applicable;

"stabilization facility" means a stabilization facility designated under

section 68 (1) [designation of stabilization facilities] ;

"stable" has the meaning given to it in

section 48 [stability] ;

"youth" means a person

(

a) who is under the age of 19,

(

b) who reasonably appears to be under the age of 19, unless there is reason to believe

that the person is an adult, or

(

c) who, at the time the person was admitted to a public hospital for a type of health

care identified in a first stabilization care certificate made for the person, was

under the age of 19.

Best interests of youth

(1) Where there is a reference in this Part to the best interests of a youth, the

youth's best interests must be determined

(

a) in accordance with a regulation made under

section 76 [regulations respecting stabilization care] , if any, and

(

b) by considering all relevant factors, including the following:

(

i) the youth's safety;

(ii) the youth's physical and emotional needs, including the effects of any trauma

or intergenerational trauma experienced by the youth;

(iii) the importance of maintaining continuity in health care and community supports;

(iv) the youth's cultural, racial, linguistic, religious and spiritual heritage;

(

v) the youth's sex, sexual orientation and gender identity and expression;

(vi) the youth's views.

(2) Without limiting subsection (1), the following factors must also be considered

in determining the best interests of an Indigenous youth:

(

a) the importance of the youth being able to learn about and practise the youth's

Indigenous traditions, customs and language;

(

b) the importance of the youth belonging to the youth's Indigenous community.

(3) For the purposes of subsection (2), a youth is an Indigenous youth if the youth

(

a) is a member or constituent of a treaty first nation, the Nis g a'a Nation or another

first nation, or

(

b) is of Indigenous ancestry, including Métis or Inuit, and the youth self-identifies

as Indigenous.

Responsible adult

(1) In this section, "child in care" has the same meaning as in the Child, Family and Community Service Act .

(2) Where there is a reference in this Part to a responsible adult in relation to

a youth, the responsible adult is as follows:

(

a) if the youth is a child in care, the director or director of adoption within

the meaning of the Child, Family and Community Service Act who has custody, care or guardianship of the youth;

(

b) if the youth is not a child in care , a person designated by the director of the stabilization facility to which the youth

is admitted.

(3) For the purposes of subsection (2) (b), the director may designate one or more

of the following persons who the director believes will act in the youth's best interests:

(

a) a parent or guardian of the youth;

(

b) an adult with whom the youth has a meaningful relationship.

Severe problematic substance use

For the purposes of this Part, a youth who uses a substance is engaged in severe problematic

substance use if

(a) 2 or more of the following indicators are present in relation to the youth's

use of the substance:

(

i) neuroadaptation to the substance;

(ii) craving for the substance;

(iii) difficulty controlling use of the substance;

(iv) use of the substance despite suffering harm in relation to that use, and

(

b) the youth's use of the substance is likely to continue and to result in the death

or severe disability of the youth.

Stability

For the purposes of this Part, a youth engaged in severe problematic substance use

is stable if the youth

(

a) understands that the youth is engaged in severe problematic substance use,

(

b) understands the consequences of that use continuing, and

(

c) has the capacity to make decisions about health care and community supports in

relation to the youth's engagement in severe problematic substance use.

Division 2 – Admission to Stabilization Facility

Conditions for first stabilization care certificate

(1) A physician may recommend that a youth be admitted to a stabilization facility

by making a first stabilization care certificate in accordance with

section 50 [first stabilization care certificate] .

(2) A physician may make a recommendation under subsection (1) only if all of the

following conditions are met:

(

a) the physician believes that the subject of the certificate is a youth;

(

b) the youth has been admitted to a public hospital emergency department as a result

of an overdose;

(

c) the public hospital to which the youth is admitted has a stabilization facility;

(

d) the youth received one or more of the following types of health care in relation

to the overdose for which the youth is admitted:

(

i) administration of overdose reversal medication;

(ii) intubation;

(iii) resuscitation or another type of health care to prevent imminent death;

(

e) the physician has examined the youth in relation to the overdose for which the

youth is admitted and is of the opinion that the youth

(

i) is engaged in severe problematic substance use, and

(ii) is not stable.

First stabilization care certificate

(1) A first stabilization care certificate may be used for the purposes of admitting

a youth to a stabilization facility only if the certificate

(

a) is in the prescribed form,

(

b) meets the requirements of subsection (2), and

(

c) is signed by the recommending physician.

(2) A recommending physician must, in a first stabilization care certificate, include

all of the following:

(

a) a statement that the certificate is a first stabilization care certificate prepared

for the purposes of this Part;

(

b) the name of the recommending physician;

(

c) the name of the youth who is the subject of the certificate;

(

d) the name of the public hospital to which the youth is admitted;

(

e) a description of the type of health care, as described in

section 49 (2) (d) [conditions for first stabilization care certificate] , received by the youth;

(

f) the date and time that the certificate was signed;

(

g) confirmation that each of the conditions referred to in

section 49 (2) is met;

(

h) the reason for holding the opinion referred to in

section 49 (2) (e).

Conditions for admission to stabilization facility

(1) On receiving a first stabilization care certificate made for a youth, a director

of a stabilization facility may admit the youth to the facility, and detain the youth

in the facility, if all of the following conditions are met:

(

a) the facility is part of the public hospital to which the youth is admitted;

(

b) the youth has not

(

i) been discharged from that public hospital, or

(ii) left that public hospital with no apparent intention of returning;

(

c) the director is of the opinion that

(

i) the facility has the capacity to provide stabilization care to the youth, and

(ii) detention in the facility would not be contrary to the best interests of the

youth.

(2) On receiving a first stabilization care certificate made for a youth, a director

of a stabilization facility must

(

a) sign and date the certificate, and

(

b) in the certificate, do one of the following:

(

i) if the director admits the youth to the facility, confirm that the director holds

the opinion referred to in subsection (1) (c) (ii) and state the reason for holding

that opinion;

(ii) if the director does not admit the youth to the facility, state the reason for

not admitting the youth.

Advice to youth on admission

(1) As soon as reasonably practicable after admitting a youth to a stabilization facility,

the director of the facility must do all of the following:

(

a) advise the youth

(

i) that the youth is detained under this Part, and of the authority and the reason

for the detention and the name and location of the facility,

(ii) of the youth's rights as described in subsection (2), and

(iii) of any prescribed matter;

(

b) give to the youth a copy of the first stabilization care certificate made in

relation to the youth;

(

c) advise the youth that the certificate expires 48 hours after it was made.

(2) For the purposes of subsection (1) (a) (ii), the youth must be advised that the

youth has all of the following rights:

(

a) the rights under

section 10 of the Canadian Charter of Rights and Freedoms ;

(

b) a right to be involved in decisions about the youth's stabilization care, including

health care authorized under

section 54 (1) (b) [stabilization care] of this Act;

(

c) a right to request a review under

section 63 [review of second stabilization care certificate] of this Act if a second stabilization care certificate is made for the youth;

(

d) a right to receive a discharge letter on discharge from or on leaving the stabilization

facility.

(3) Advice under this

section must be given orally and in the prescribed form, if

any.

(4) If the director is of the opinion that a youth is unable to understand any advice

given under this

section when the advice is first given, the director must give the

advice to the youth again as soon as the director is satisfied that the youth is capable

of understanding the advice.

Advice to responsible adult on admission

(1) As soon as reasonably practicable after admitting a youth to a stabilization facility,

the director of the facility must advise a responsible adult in relation to the youth

of the matters referred to in

section 52 (1) (

a) and (

c) and (2) [advice to youth on admission] .

(2) Advice under this

section must be given in the prescribed form, if any.

Division 3 – Stabilization Care While Admitted

Stabilization care

(1) On admitting a youth to a stabilization facility, the director of the facility

must provide stabilization care while the youth is detained, as follows:

(

a) supervise and maintain the youth;

(

b) provide health care to the youth for the purposes of addressing immediate medical

needs and managing acute withdrawal symptoms;

(

c) assess the youth to determine

(

i) whether further health care is advisable in relation to the youth's engagement

in severe problematic substance use, and

(ii) what community supports are appropriate to assist the youth in relation to the

youth's engagement in severe problematic substance use;

(

d) involve the youth, to the extent reasonably practicable, in discussions respecting

the following topics:

(

i) the youth's engagement in severe problematic substance use;

(ii) the consequences for the youth of continuing to engage in severe problematic

substance use;

(iii) the further health care that is advisable and the community supports that are

appropriate for the youth;

(

e) prepare a discharge plan.

(2) A director who provides stabilization care to a youth

(

a) may provide the care without the consent of the youth or any other person,

(

b) must, at all times, consider and act in accordance with the youth's best interests,

and

(

c) must provide the care in accordance with the regulations, if any, made under

section 76 [regulations respecting stabilization care] .

Limits on stabilization care

(1) A director of a stabilization facility must not detain a youth in the facility

by use of any chemical, electronic, mechanical, physical or other means to control

or restrict the youth's freedom of movement except

(

a) as necessary to protect the youth or others from harm, or

(

b) to accommodate the youth in a locked ward or other defined area.

(2) A director of a stabilization facility who controls or restricts a youth's freedom

of movement for a purpose referred to in subsection (1) (

a) or (

b) of this

section

must act in accordance with the regulations, if any, made under

section 76 [regulations respecting stabilization care] .

(3) A director of a stabilization facility must not begin a course of long-term health

care for a youth's engagement in problematic substance use without the youth's consent.

(4) A director of a stabilization facility must not transfer a youth to another stabilization

facility.

Discharge plan

(1) A director of a stabilization facility must prepare a discharge plan for a youth

in accordance with this

section and the regulations, if any, made under

section 76 [regulations respecting stabilization care] .

(2) A discharge plan must be made in writing and state both of the following:

(

a) the further health care that is advisable in relation to the youth's engagement

in severe problematic substance use;

(

b) the community supports that are appropriate to assist the youth in relation to

the youth's engagement in severe problematic substance use.

(3) A director who prepares a discharge plan must, to the extent reasonably practicable,

do both of the following:

(

a) involve the youth in preparing the plan;

(

b) review the plan with the youth.

Involvement of service providers

(1) For the purposes of providing stabilization care, the director of a stabilization

facility may do one or more of the following:

(

a) communicate with a service provider to determine whether the service provider

(

i) offers health care or community supports that are appropriate for the youth in

relation to that youth's engagement in severe problematic substance use, and

(ii) has the capacity to offer health care or community supports to the youth;

(

b) schedule appointments with a service provider on the youth's behalf;

(

c) authorize a service provider to meet with the youth while the youth is detained

in the facility.

(2) A director who acts under this

section must, at all times, consider and act in

accordance with the youth's best interests.

Conditions for second stabilization care certificate

(1) A physician may recommend that a youth who is receiving stabilization care continue

to be detained in a stabilization facility by making a second stabilization care certificate

in accordance with

section 59 [second stabilization care certificate] .

(2) A physician may make a recommendation under subsection (1) only if all of the

following conditions are met:

(

a) the subject of the certificate was a youth when admitted to the public hospital

identified in the first stabilization care certificate;

(

b) after the first stabilization care certificate was made, the physician examined

the youth, or re-examined the youth if the physician was the recommending physician

who made the first stabilization care certificate, and is of the opinion that the

youth

(

i) is engaged in severe problematic substance use, and

(ii) is not stable.

Second stabilization care certificate

(1) A second stabilization care certificate may be used for the purposes of continuing

a youth's detention in a stabilization facility only if the certificate

(

a) is in the prescribed form,

(

b) meets the requirements of subsection (2), and

(

c) is signed by the recommending physician.

(2) A recommending physician must, in a second stabilization care certificate, include

all of the following:

(

a) a statement that the certificate is a second stabilization care certificate prepared

for the purposes of this Part;

(

b) the name of the recommending physician;

(

c) the name of the youth who is the subject of the certificate;

(

d) the name of the stabilization facility to which the youth is admitted;

(

e) the date and time that the certificate was signed;

(

f) confirmation that each of the conditions referred to in

section 58 (2) [conditions for second stabilization care certificate] is met;

(

g) the reason for holding the opinion referred to in

section 58 (2) (b).

Conditions for continued detention in stabilization facility

(1) On receiving a second stabilization care certificate made for a youth, a director

of a stabilization facility may continue to detain the youth in the facility if both

of the following conditions are met:

(

a) the youth has not

(

i) been discharged from the stabilization facility, or

(ii) left the facility with no apparent intention of returning;

(

b) the director continues to be of the opinion that

(

i) the facility has the capacity to provide stabilization care to the youth, and

(ii) detention in the facility would not be contrary to the best interests of the

youth.

(2) On receiving a second stabilization care certificate made for a youth, a director

of a stabilization facility must

(

a) sign and date the certificate, and

(

b) in the certificate, do one of the following:

(

i) if the director continues to detain the youth in the facility, confirm that the

director holds the opinion referred to in subsection (1) (b) (ii) and state the reason

for holding that opinion;

(ii) if the director discharges the youth from the facility, state the reason for

discharging the youth.

Advice to youth on continued detention

(1) As soon as reasonably practicable after signing a second stabilization care certificate

in respect of a youth, the director of the stabilization facility in which the youth

is detained must do all of the following:

(

a) advise the youth

(

i) that the youth continues to be detained under this Part, and of the authority

and the reason for the continued detention,

(ii) that the youth has a right to request a review under

section 63 [review of second stabilization care certificate] , and

(iii) of any prescribed matter;

(

b) give to the youth a copy of the certificate;

(

c) advise the youth that the certificate expires at 8 p.m. on the fifth day after

the date that it was made.

(2) Advice under this

section must be given orally and in the prescribed form, if

any.

(3) If the director is of the opinion that a youth is unable to understand any advice

given under this

section when the advice is first given, the director must give the

advice to the youth again as soon as the director is satisfied that the youth is capable

of understanding the advice.

Advice to responsible adult on continued detention

(1) As soon as reasonably practicable after signing a second stabilization care certificate

in respect of a youth, the director of the stabilization facility in which the youth

is detained must advise a responsible adult in relation to the youth of the matters

referred to in

section 61 (1) (

a) and (c) [advice to youth on continued detention] .

(2) Advice under this

section must be given in the prescribed form, if any.

Review of second stabilization care certificate

(1) In this section:

"certificate conditions" means the following conditions:

(

a) that the subject of a review was a youth when admitted to the public hospital

identified in the first stabilization care certificate;

(

b) that, at the time of a review, the youth is engaged in severe problematic substance

use and is not stable;

"independent physician" , in relation to a second stabilization care certificate, means a physician other

than the recommending physician who made the certificate.

(2) A youth is entitled to a review of a second stabilization care certificate made

for the youth under

section 59 [second stabilization care certificate] if the request is made

(

a) to the director of the stabilization facility identified in the certificate,

(

b) by

(

i) the youth for whom the certificate was made,

(ii) a responsible adult in relation to the youth, or

(iii) a parent or guardian of the youth who is not a responsible adult in relation

to the youth, and

(

c) in the prescribed form and manner, if any.

(3) A review must be conducted as follows:

(

a) if the director is of the opinion that an independent physician is reasonably

available, the director must have the independent physician

(

i) examine the youth,

(ii) determine whether the certificate conditions are met, and

(iii) either confirm the second stabilization care certificate if the certificate

conditions are met or cancel the certificate if they are not;

(

b) if the director is of the opinion that an independent physician is not reasonably

available, the director must have the recommending physician

(

i) re-examine the youth,

(ii) reconsider whether the certificate conditions are met, and

(iii) either confirm the second stabilization care certificate if the certificate

conditions are met or cancel the certificate if they are not.

(4) If a review is not conducted in accordance with subsection (3) within 24 hours

after the request is made, the second stabilization care certificate is cancelled.

(5) The director must advise the person who requested the review that the second

stabilization care certificate

(

a) is confirmed on review, and the reason for its confirmation, or

(

b) is cancelled.

(6) A first stabilization care certificate made under

section 50 [first stabilization care certificate] may not be reviewed, and a second stabilization care certificate may be reviewed

only once.

Division 4 – Discharge from Stabilization Facility

When discharge required

(1) The director of a stabilization facility must discharge a person who is admitted

to the facility if the director has reason to believe that the person was not a youth

at the time the person was admitted to the public hospital named in the first stabilization

care certificate made for the person.

(2) Despite any other provision of this Part that would authorize a director of a

stabilization facility to admit or detain a youth, the director must discharge a youth

who is admitted to the facility if any of the following circumstances apply:

(

a) the youth leaves the public hospital named in the first stabilization care certificate

made for the youth and does not voluntarily return within an agreed period or, if

no period was agreed on, 4 hours;

(

b) the first stabilization care certificate made for the youth expires before a

second stabilization care certificate is made;

(

c) the second stabilization care certificate made for the youth expires or is cancelled

under

section 63 [review of stabilization care certificate] ;

(

d) a physician advises the director that the youth is stable, if the physician

(

i) is employed by or on contract to the public hospital of which the facility is

a part, or

(ii) has admitting privileges with respect to the public hospital of which the facility

is a part;

(

e) the condition referred to in

section 51 (1) (c) (ii) [conditions for admission to stabilization facility] or 60 (1) (b) (ii) [conditions for continued detention in stabilization facility] , as applicable, is no longer met.

(3) For the purposes of subsection (2) (

b) and (c),

(

a) a first stabilization care certificate expires 48 hours after it was made, and

(

b) a second stabilization care certificate expires at 8 p.m. on the fifth day after

the date that it was made.

Temporary continued detention

(1) The director may continue to detain a youth who is discharged under

section 64

(2) (

b) to (e) [when discharge required] , but only until one of the following circumstances applies:

(

a) the youth is released in accordance with the youth's discharge plan;

(

b) a responsible adult in relation to the youth is present at the stabilization

facility to accompany the youth on release;

(

c) the time is between 8 a.m. and 8 p.m.

(2) For certainty, nothing in subsection (1) prevents the director from permitting

a youth to remain in a stabilization facility voluntarily after the youth has been

discharged.

Discharge plan requirements

(1) Before a youth is discharged from a stabilization facility or leaves the facility

with no apparent intention of returning, the director of the facility must make reasonable

attempts to give to the youth a copy of the youth's discharge plan.

(2) On request by a youth made before or after the youth is discharged from a stabilization

facility or leaves the facility with no intention of returning, the director of the

facility must give to the youth, without charge, a discharge letter that

(

a) is in the prescribed form, if any,

(

b) is prepared in accordance with the regulations, if any, made under

section 76 [regulations respecting stabilization care] , and

(

c) sets out the date that the youth

(

i) was admitted to the public hospital identified in the first stabilization care

certificate, and

(ii) was discharged from or left the facility, as applicable.

Certificates have no effect after discharge

A stabilization care certificate made for a youth before the youth is discharged from

a stabilization facility ceases to be effective for the purposes of this Part on the

youth's discharge from the facility.

Division 5 – General

Designation of stabilization facilities

(1) The minister may, by order, designate as a stabilization facility a ward or other

defined area

(

a) that is part of a public hospital that has

(

i) an emergency department, and

(ii) a psychiatric unit or observation unit within the meaning of

Part 1, and

(

b) that, in the opinion of the minister, is suitable for providing stabilization

care to youth.

(2) For the purposes of subsection (1), the minister may designate a stabilization

facility by doing one or more of the following in the order:

(

a) naming the public hospital, ward or area;

(

b) incorporating by reference all or part of a designation made under

section 3 [designation of mental health facilities] .

Appointment of and delegation by director

(1) A regional health board, the governing body of the Provincial Health Services

Authority or another governing body responsible for the operation of a stabilization

facility must appoint a person, in writing, as the director of the stabilization facility.

(2) Subject to subsection (3), a director of a stabilization facility may, in writing,

delegate to the following persons or a class of the following persons any of the director's

powers or duties under this Part:

(

a) a person who is employed by or on contract to the public hospital of which the

facility is a part;

(

b) a physician who has admitting privileges with respect to the public hospital

of which the facility is a part.

(3) Unless neither the director nor any other appropriate person is reasonably available

to exercise the power, a director of a stabilization facility must not make a delegation

as follows:

(

a) the power to admit a youth to the facility must not be delegated to the recommending

physician who made the first stabilization care certificate on which the admission

would be based;

(

b) the power to continue a youth's detention in the facility must not be delegated

to the recommending physician who made the second stabilization care certificate on

which the continued detention would be based;

(

c) if a review is requested under

section 63 [review of second stabilization care certificate] in relation to a youth, the powers of the director under that

section must not be

delegated to the recommending physician who

(

i) made the first stabilization care certificate on which the youth's admission

to the facility was based, or

(ii) made the second stabilization care certificate on which the youth's continued

detention in the facility was based.

Examinations and assessments

(1) A person conducting an examination or assessment under this Part must

(

a) make reasonable efforts to physically examine the youth or have the youth present

for the assessment, and

(

b) consider any relevant information that is readily available to the person from

sources other than the youth.

(2) If a youth refuses to participate, or is incapable of participating, in an examination

or assessment under this Part, the person conducting the examination or assessment

may base the person's determination solely on the information referred to in subsection

(1) (b).

Definitions respecting personal information

(1) In this

section and sections 72 [authority to collect and disclose personal information] and 73 [limits on collecting and disclosing personal information] :

"hospital staff" means the following:

(

a) a director of a stabilization facility;

(

b) a person who is employed by or on contract to a public hospital that has a stabilization

facility;

(

c) a physician who has admitting privileges with respect to a public hospital that

has a stabilization facility;

"personal information" means personal information about a youth who has been admitted to

(

a) a public hospital emergency department and received a type of health care described

under

section 49 (2) (d) [conditions for first stabilization care certificate] , or

(

b) a stabilization facility.

Authority to collect and disclose personal information

(1) The authority set out in this

section is subject to the limits set out in

section 73 [limits on collecting and disclosing personal information] .

(2) Hospital staff may collect personal information from, and disclose personal information

to, any of the following for the purposes of identifying a responsible adult in relation

to a youth, examining or assessing a youth under this Part or providing stabilization

care to a youth:

(

a) anyone accompanying the youth on admission to the public hospital;

(

b) anyone visiting the youth after the youth's admission to the public hospital

or before the youth's discharge from the stabilization facility;

(

c) a responsible adult in relation to the youth;

(

d) other hospital staff of the public hospital;

(

e) a health care provider;

(

f) a service provider;

(

g) a person or body named in the youth's discharge plan;

(

h) a person who is not a responsible adult in relation to the youth but who

(

i) is a parent or guardian of the youth, or

(ii) intends to accompany the youth on release from detention, if the youth is being

released under

section 65 (1) (a) [discharge in accordance with discharge plan] ;

(

i) a ministry of the government or a government agent.

(3) Without limiting the authority under subsection (2), the director of a stabilization

facility may collect personal information from, and disclose personal information

to, any of the following for the purposes of exercising a power or performing a duty

of the director under this Part:

(

a) a regional health board, the governing body of the Provincial Health Services

Authority or another governing body responsible for the operation of a stabilization

facility;

(

b) a director of another stabilization facility;

(

c) a director of a designated facility within the meaning of

Part 1;

(

d) the board of a public hospital.

Limits on collecting and disclosing personal information

A person may collect or disclose personal information under

section 72 [authority to collect and disclose personal information] only as follows:

(

a) if it would not be contrary to the youth's best interests;

(

b) during the period beginning when the youth is admitted to a public hospital in

relation to an overdose and ending when

(

i) the director refuses to admit a youth to a stabilization facility under

section

51 (2) (b) (ii) [conditions for admission to stabilization facility] , or

(ii) the youth is discharged from a stabilization facility.

Record-keeping requirements

A director of a stabilization facility must keep records in relation to all of the

following in accordance with the regulations, if any, made under

section 76 [regulations respecting stabilization care] :

(

a) the persons responsible for providing stabilization care;

(

b) the provision of stabilization care;

(

c) the youths who receive stabilization care;

(

d) any other prescribed matter.

Offence Act does not apply

Section 5 [general offence] of the Offence Act does not apply in respect of this Part or the regulations, if any, made under

section

76 [regulations respecting stabilization care] .

Regulations respecting stabilization care

(1) For the purposes of this Part, the Lieutenant Governor in Council may make regulations

referred to in

section 41 of the

Interpretation Act .

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make

regulations for the purposes of this Part as follows:

(

a) respecting the factors that must be considered in determining the best interests

of a youth and requiring that additional factors be considered;

(

b) respecting whether a disability is severe for the purposes of

section 47 (b) [severe problematic substance use] ;

(

c) prescribing forms for the purposes of this Part;

(

d) respecting the information that must be given to a youth on admitting the youth

to a stabilization facility;

(

e) respecting standards and requirements in relation to

(

i) the construction, maintenance and operation of buildings or premises that are

stabilization facilities and the furnishings and equipment of these buildings or premises,

(ii) the experience, qualifications and training of the director and persons responsible

for providing stabilization care, and

(iii) the provision of stabilization care;

(

f) without limiting paragraph (e) (iii), respecting the process of making a discharge

plan and the contents of a discharge plan;

(

g) respecting the control or restriction of a youth's freedom of movement while

detained;

(

h) respecting the manner in which a review of a second stabilization care certificate

may be requested;

(

i) respecting the content of a discharge letter;

(

j) respecting the content of records that a director must keep and the periods for

which records must be kept.

Part 2 – Consequential Amendments

Child, Family and Community Service Act

SECTION 16: [Child, Family and Community Service Act,

section 1] includes stabilization facilities as places of confinement, mirroring the inclusion

of mental health facilities.

Section 1 (1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46,

is amended in paragraph (

b) of the definition of "place of confinement" by striking out " or psychiatric unit " and substituting " , psychiatric unit or stabilization facility ".

Community Care and Assisted Living Act

SECTION 17: [Community Care and Assisted Living Act,

section 2] excludes stabilization facilities from the application of the Act, mirroring the

exclusion of mental health facilities.

Section 2 (

h) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75,

is amended by adding " or stabilization facility " after " a designated facility ".

Coroners Act

SECTION 18: [Coroners Act,

section 4] requires the person in charge of a stabilization facility to report a death in the

facility, mirroring the requirements that apply to persons in charge of mental health

facilities.

Section 4 of the Coroners Act, S.B.C. 2007, c. 15, is amended by adding the following

paragraph:

(a.1) while admitted to a stabilization facility within the meaning of the Mental Health Act , whether or not on the premises or in actual detention, .

Emergency Health Services Act

SECTION 19: [Emergency Health Services Act,

section 1] includes health services ancillary to services provided by stabilization facilities

as services that may be provided under the Act, mirroring the inclusion of health

services ancillary to services provided by mental health facilities.

Section 1 of the Emergency Health Services Act, R.S.B.C. 1996, c. 182, is amended

in paragraph (

b) of the definition of "facility" by adding " or stabilization facility " after " a Provincial mental health facility ".

Freedom of Information and Protection of Privacy Act

SECTION 20: [Freedom of Information and Protection of Privacy Act,

Schedule 1] includes stabilization facilities as health care bodies for the purposes of the Act,

mirroring the inclusion of mental health facilities.

Schedule 1 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996,

c. 165, is amended in paragraph (

f) of the definition of "health care body" by adding " or stabilization facility " after " a Provincial mental health facility ".

Health Authorities Act

SECTION 21: [Health Authorities Act,

section 1] includes stabilization facilities as public bodies for the purposes of the Act, mirroring

the inclusion of mental health facilities.

Section 1 of the Health Authorities Act, R.S.B.C. 1996, c. 180, is amended in the

definition of "public body" by adding the following paragraph:

(d.01) a stabilization facility as defined in

section 44 of the Mental Health Act , .

SECTION 22: [Health Authorities Act,

section 17] provides for the transfer of government-owned stabilization facilities, mirroring

the transfer authority that applies to mental health facilities.

Section 17 (1) is amended

(

a) by striking out " or " at the end of paragraph (b), and

(

b) by adding the following paragraph:

(b.1) a stabilization facility as defined in

section 44 of the Mental Health Act , or .

Hospital Act

SECTION 23: [Hospital Act,

section 15] excludes stabilization facilities from restrictions against representations that

imply that care is given, mirroring the exclusion of mental health facilities.

Section 15 (1) of the Hospital Act, R.S.B.C. 1996, c. 200, is amended by striking

out " as defined in the Mental Health Act " and substituting " or stabilization facility as defined in the Mental Health Act , ".

Pharmacy Operations and Drug Scheduling Act

SECTION 24: [Pharmacy Operations and Drug Scheduling Act,

section 34] authorizes the Lieutenant Governor in Council to exempt stabilization facilities

from all or part of the Act, mirroring the exemption authority that applies to mental

health facilities.

Section 34 (

b) of the Pharmacy Operations and Drug Scheduling Act, S.B.C. 2003,

c. 77, is amended by adding " or stabilization facility " after " a Provincial mental health facility ".

Residential Tenancy Act

SECTION 25: [Residential Tenancy Act,

section 4] excludes stabilization facilities from the operation of the Act, mirroring the exclusion

of mental health facilities.

Section 4 (g) (iv) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended

by striking out " or a psychiatric unit " and substituting " , a psychiatric unit or a stabilization facility ".

Commencement

This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Mental Health Act, headings to

Part 1 and Division 1 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 2: [Mental Health Act,

section 1] changes references and modernizes the language of a definition, consequential to

the addition by this Bill of

Part 2 to the Act.

SECTION 3: [Mental Health Act, heading to Division 2 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 4: [Mental Health Act,

section 2] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

SECTION 5: [Mental Health Act,

section 6] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 6: [Mental Health Act,

section 11] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

SECTION 7: [Mental Health Act,

section 16] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 8: [Mental Health Act, heading to Division 3 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 9: [Mental Health Act, sections 18, 24.1, 25, 32, 33, 35 and 36] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 10: [Mental Health Act, sections 37 and 38] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 11: [Mental Health Act,

section 39] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 12: [Mental Health Act,

section 41] changes a reference, consequential to the addition by this Bill of

Part 2 to the

Act.

SECTION 13: [Mental Health Act, heading to Division 4 of

Part 1] changes a heading, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 14: [Mental Health Act,

section 43] changes references, consequential to the addition by this Bill of

Part 2 to the Act.

SECTION 15: [Mental Health Act,

Part 2] adds a new Part that provides for the admission of a youth to, the detention of a

youth in and the discharge of a youth from stabilization facilities, for the purpose

of providing stabilization care in relation to the youth's engagement in severe problematic

substance use.

SECTION 16: [Child, Family and Community Service Act,

section 1] includes stabilization facilities as places of confinement, mirroring the inclusion

of mental health facilities.

SECTION 17: [Community Care and Assisted Living Act,

section 2] excludes stabilization facilities from the application of the Act, mirroring the

exclusion of mental health facilities.

SECTION 18: [Coroners Act,

section 4] requires the person in charge of a stabilization facility to report a death in the

facility, mirroring the requirements that apply to persons in charge of mental health

facilities.

SECTION 19: [Emergency Health Services Act,

section 1] includes health services ancillary to services provided by stabilization facilities

as services that may be provided under the Act, mirroring the inclusion of health

services ancillary to services provided by mental health facilities.

SECTION 20: [Freedom of Information and Protection of Privacy Act,

Schedule 1] includes stabilization facilities as health care bodies for the purposes of the Act,

mirroring the inclusion of mental health facilities.

SECTION 21: [Health Authorities Act,

section 1] includes stabilization facilities as public bodies for the purposes of the Act, mirroring

the inclusion of mental health facilities.

SECTION 22: [Health Authorities Act,

section 17] provides for the transfer of government-owned stabilization facilities, mirroring

the transfer authority that applies to mental health facilities.

SECTION 23: [Hospital Act,

section 15] excludes stabilization facilities from restrictions against representations that

imply that care is given, mirroring the exclusion of mental health facilities.

SECTION 24: [Pharmacy Operations and Drug Scheduling Act,

section 34] authorizes the Lieutenant Governor in Council to exempt stabilization facilities

from all or part of the Act, mirroring the exemption authority that applies to mental

health facilities.

SECTION 25: [Residential Tenancy Act,

section 4] excludes stabilization facilities from the operation of the Act, mirroring the exclusion

of mental health facilities.

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