MENTAL HEALTH SERVICES 1 B I L L No. 127

An Act to amend The Mental Health Services Act and to make a consequential amendment to The Health Information Protection Act (Assented to ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Saskatchewan, enacts as follows:

Short title 1 This Act may be cited as The Mental Health Services Amendment Act, 2013 . S.S. 1984-85-86, c.M-13.1 amended 2 The Mental Health Services Act is amended in the manner set forth in this Act. New

section 2 3

Section 2 is repealed and the following substituted: “Interpretation 2 In this Act: (a) ‘attending physician’ means the physician who has the principal responsibility for the health care needs of a person admitted to a mental health centre; (b) ‘business day’ means a day other than a Saturday, Sunday or holiday; (c) ‘capacity’ means capacity as defined in The Health Care Directives and Substitute Health Care Decision Makers Act ; (d) ‘chief psychiatrist’ means a psychiatrist designated pursuant to

section 9; (e) ‘community treatment order’ means a community treatment order issued pursuant to

section 24.3; (f) ‘director’ means the person appointed pursuant to

section 6; (g) ‘experimental treatment’ means any treatment that poses a significant risk of harm to the patient, other than one that is: (

i) commonly accepted for treatment of the mental disorder involved or supported by widely accepted scientific studies; and (ii) provided by a qualified health professional; (h) ‘involuntary patient’ means a patient who is admitted to and detained in a mental health centre pursuant to

section 23, 24 or 24.1; (i) ‘judge’ means a judge of the Court of Queen’s Bench;

MENTAL HEALTH SERVICES 2 (j) ‘mental disorder’ means a disorder of thought, perception, feelings or behaviour that seriously impairs a person’s judgment, ability to recognize reality, ability to associate with others or ability to meet the ordinary demands of life, with respect to which treatment is advisable; (k) ‘mental health approved home’ means any building, premises or place with respect to which: (

i) there is a valid certificate issued pursuant to this Act or pursuant to The Mental Health Act; or (ii) a licence is issued pursuant to

section 37.2; (l) ‘mental health centre’ means a facility designated as a mental health centre pursuant to The Facility Designation Regulations ; (m) ‘mental health services’ means the provision of care to an individual for the purposes of promoting, preserving and restoring the mental health of the individual to an optimal level, and may include assessment, treatment, health education and consultation; (n) ‘minister’ means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (o) ‘ministry’ means the ministry over which the minister presides; (p) ‘nearest relative’ means nearest relative as described in

section 25.1; (q) ‘nurse’ means a registered nurse as defined in The Registered Nurses Act, 1988 or a registered psychiatric nurse as defined in The Registered Psychiatric Nurses Act; (r) ‘officer in charge’ means: (

i) in relation to a mental health centre, the person designated pursuant to

section 8; or (ii) if no person is designated pursuant to

section 8, the regional director for the region in which the mental health centre is located; (s) ‘official representative’ means an official representative appointed pursuant to

section 10; (t) ‘patient’ means a person receiving, pursuant to this Act: (

i) diagnostic services for the purpose of determining the existence or nature of a mental disorder; or (ii) care or treatment for a mental disorder; (u) ‘peace officer’ includes: (

i) a member of the Royal Canadian Mounted Police; (ii) a person appointed pursuant to The Police Act, 1990 as a special constable or peace officer; (v) ‘personal guardian’ means a personal guardian as defined in The Health Care Directives and Substitute Health Care Decision Makers Act ; (w) ‘physician’ means a duly qualified medical practitioner within the meaning of The Medical Profession Act, 1981 ;

MENTAL HEALTH SERVICES 3 (x) ‘prescribed’ means prescribed in the regulations; (y) ‘proxy’ means a proxy as defined in The Health Care Directives and Substitute Health Care Decision Makers Act ; (z) ‘psychiatrist’ means a physician: (

i) who holds a specialist’s certificate in psychiatry issued by the Royal College of Physicians and Surgeons of Canada; or (ii) whose combination of training and experience in psychiatry is satisfactory to the minister and who has been approved by the minister as a psychiatrist for the purposes of this Act; (aa) ‘psychosurgery’ means any procedure that by direct access to the brain removes, destroys or interrupts the normal connections of the brain for the primary purpose of treating a mental disorder or involves the implantation of electrodes, but does not include neurosurgical procedures designed to treat reliably diagnosed organic brain conditions or epilepsy; (bb) ‘region’ means a mental health region established pursuant to

section 5; (cc) ‘regional director’ means a regional director designated pursuant to

section 7; (dd) ‘review panel’ means a review panel appointed pursuant to

section 32”. New

section 3 4

Section 3 is repealed and the following substituted: “Responsibilities of the minister 3(1) The minister is responsible for the strategic direction of the system of mental health services in Saskatchewan and may do any things that the minister considers advisable to meet that responsibility.

(2) Without limiting the generality of subsection (1), the minister may: (

a) establish goals and objectives for the provision of mental health services in Saskatchewan generally or in areas within Saskatchewan; (

b) establish performance measures and targets to promote the effective and efficient utilization of mental health services; (

c) develop, implement and evaluate provincial policies with respect to mental health services; (

d) conduct financial, human resources and information technology planning for the system of mental health services in Saskatchewan; (

e) do any thing pursuant to this or any other Act that the minister considers appropriate for preventing circumstances that lead to mental disorder and distress and for promoting and restoring the mental health and well-being of the people of Saskatchewan ”.

Section 4 repealed 5

Section 4 is repealed.

MENTAL HEALTH SERVICES 4 New

section 5 6

Section 5 is repealed and the following substituted: “Regions 5 The minister may establish mental health regions ”.

Section 6 amended 7(1) Subsection 6(1) is amended by striking out “ department ” and substituting “ministry”. (2) Subsection 6(2) is amended by striking out “ department ” and substituting “ministry”. New

section 7 8

Section 7 is repealed and the following substituted: “Regional directors 7(1) Each regional health authority shall designate a regional director for that region.

(2) The regional director is responsible for the provision of mental health services within the region.

(3) The regional director may delegate to any person any power given to the regional director by this Act and the regulations ”.

Section 8 amended 9 Subsection 8(1) is amended by striking out “ facility” wherever it appears and in each case substituting “mental health centre”. New

section 9 10

Section 9 is repealed and the following substituted: “Chief psychiatrist 9 Each regional health authority shall designate a chief psychiatrist for that region”. New

section 10 11

Section 10 is repealed and the following substituted: “Official representatives 10(1) In this section, ‘person’ includes a partnership.

(2) The minister shall appoint one or more persons to be official representatives for each region to assist patients in understanding their rights and obligations pursuant to this Act.

(3) The director may, if he or she considers it necessary or advisable for the purposes of this Act, assign an official representative to assist patients in a region that is in addition to the region for which the official representative was appointed.

(4) The minister shall provide to official representatives appointed pursuant to subsection (2) remuneration and reimbursement for expenses on any terms and conditions that the minister considers appropriate ”.

MENTAL HEALTH SERVICES 5 New sections 11 and 12 12 Sections 11 and 12 are repealed and the following substituted: “Eligibility 11(1) Subject to

section 13, any person who is a beneficiary pursuant to The Saskatchewan Medical Care Insurance Act is eligible to receive services provided by the minister pursuant to this Act at the expense of the Government of Saskatchewan.

(2) If a regional health authority or a health care organization, within the meaning of The Regional Health Services Act, provides mental health services to beneficiaries, it shall provide those services to each beneficiary on the same terms and conditions.

(3) A regional health authority or a health care organization, within the meaning of The Regional Health Services Act , shall not include as a term or condition of providing mental health services any requirement with respect to the place of residency of the beneficiary. “Services to persons who are not beneficiaries 12 The minister may provide services to persons who are not beneficiaries pursuant to

section 11, and may enter into any agreements that the minister considers appropriate with any person with respect to providing services pursuant to this Act to persons who are not beneficiaries ”. New

section 14 13

Section 14 is repealed and the following substituted: “Preservation of rights 14 Except as provided in this Act, no person is to be deprived of any right or privilege enjoyed by other persons solely because he or she: (

a) is receiving or has received mental health services; or (

b) is or has been named in a certificate, warrant or order issued pursuant to

section 18, 19, 21, 22, 23, 24, 24.1 or 24.3 of this Act or in any similar certificate, warrant or order issued pursuant to The Mental Health Act or any former Act respecting mental health ”.

Section 16 amended 14 Subsection 16(1) is repealed and the following substituted: “

(1) Every person who is apprehended or detained pursuant to

section 18, 19, 20, 21, 22, 23, 24, 24.1 or 24.3: (

a) must be informed promptly of the reasons for his or her apprehension or detention, as the case may be; and (

b) is entitled on his or her own request to receive a copy of the certificate, warrant or order pursuant to which he or she has been apprehended or is detained, as the case may be, as soon as is reasonably practicable ”.

MENTAL HEALTH SERVICES 6 New sections 17, 18 and 18.1 15 Sections 17 and 18 are repealed and the following substituted: “Voluntary request for services 17 Subject to the regulations and to the availability of services, a person may, on his or her own request: (

a) receive assessment and treatment services; (

b) with the advice and on the arrangements of a physician with admitting privileges to a mental health centre, be admitted to a mental health centre; or (

c) receive other services available pursuant to this Act. “Involuntary examination 18(1) Subject to subsection (2) and the regulations, any person may be conveyed to a place where he or she may be examined by a physician who has admitting privileges to a mental health centre if that person: (

a) in the opinion of an examining physician or a prescribed health professional, is suffering from a mental disorder and requires a psychiatric examination to ascertain whether he or she should be admitted to a mental health centre pursuant to

section 24; and (

b) refuses to submit to the examination mentioned in clause (a).

(2) A person may be conveyed to a place for the purpose of the psychiatric examination mentioned in clause (1)(

a) only if: (

a) arrangements have been made with a physician who has admitting privileges to a mental health centre; and (

b) the certificate of the examining physician or