Bill 77 — Second Session, 17Th Legisl:Ature, 22 Elizabeth Ii the Legislative Assembly of Alberta Bill 77 Th,E Mental Health Amendment Act, 1973 (Legislature 17, Session 2)

L17 S2 5211

Alberta — Bills

1973 Bill 77 Second Session, 17th Legisl:ature, 22 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 77 Th,e Mental Health Amendment Act, 1973 THE MINISTER OF HEALTH AND SOCIAL DEVELOPMENT First Reading Se'cond Reading Third Reading Printed by QUEEN'S rTIINTEl1 for the Province of Alberta, EDMONTON

Bill 77 BILL 77 1973 THE MENTAL HEALTH AMENDMENT ACT, 1973 (Assented to , 1973) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Mental Health Act, 1972 is hereby ame.nded.

Section 1, clause (

g) is amended by striking out the words "for the observation, exam'ination, care, treatment, control and detention of persons suffering from mental disorder" . 3. The following

section is added after

section 23: 23.1. Nothing in this Part abrogates or restricts the authority conferred on a board by The Alberta Hospitals Act or any other Act.

Section 26 is struck out and the following is substitute.d therefor: 2-6.

(1) A conveyance and examination certificate is sufficient authority (

a) for any person to convey the person named therein to a facility within 72 hours of the tin1e it is issued and to detain that person while be is being so con veyed until the time he arrives at the facility, and (

b) for any physician to prescribe treatment for or to treat the person named therein while he is being so conveyed and until the time he arrives at the facility.

(2) Where a pers'on is conveyed to a facility pursuant to a conveyance and examination certificate, the conveyanee and examination certificate is sufficient authority (

a) for one or more therapists or physicians who are members of the staff of the facility to observe and examine the person named therein, (

b) to provide such treatment as in the opinion of the physician or therapist may be essential for the well being of the person named therein, and

Expla natory Notes I. This Bill will amend

chapter 118 of the Statutes of Alberta, 1972.

Section 1 (

g) presently reads: 1. In this Act (g) "facility" means a place o~ part of a place designated by the regulations as a facility .for the observation, examination, care, treatment, control and detention of persians suffering from mental disorder; The definition is rewritten as a result of changes to be made in

section 60 which will allow for the designation of hospitals as facilities for limited purposes only. See the amendment to sec tion 60 of the Act in this Bill. 3. The new

section 23.1 is intended to ensure that the authority of approved hospital boards under other Acts remains unaffected.

Section 26 presently reads: 26.

(1) A conveyance and examination certHicate is sufficient author ity for any person to convey the person named therein to a facility within 72 hours of the time it is issued.

(2) Where a person is conveyed to a facility pursuant to a convey ance and examination certificate, the c-onveyance and examination certificate is sufficient authordty (

a) for one 'or more therapists or physicians to examine the person named therein, and (

b) to detain the person named therein for a period of 24 hours from the time he arrives at the facility.

(

c) to care for, detain and control the person named therein, for a period of 24 hours from the time that person arrives at the facility.

Section 29 is amended by adding the following sub

section after subsection (1):

(1.1) In any case where at least 'One of the examinations conducted under subsection (1) does not take place at the facility to which the person examined is intended to be admitted as a formal pat,ient, that person shall not be ad mitted as a formal patient at that facility unless at least one of the admission certificates is issued by a member of the staff of that facility. 6. SecUon 30 is struck out and the fOllowing is substituted therefor: 30.

(1) Two admission certificates are sufficient author ity to observe, examine, care for, treat, control and detain the person named therein, in a facility, for a period of one month from the date the second admission certificate is issued.

(2) Where the person named in two admission certifi cates is not in a facility, the certificates are sufficient authority (

a) for any person to convey the person named therein to a facility within 72 hours of the time the second admission certificate was issued and to detain that person while he is being so conveyed until he arrives at the facility, and (

b) for any physician to prescribe treatment for or to treat the person named therein while he is being so conveyed and for a period of 24 hours from the time he arrives at the faciHty.

Section 31 is amended (

a) by adding the following sltbsection after subsection (1) :

(1.1) At least one of the persons who issues a renewal certificate under this

section shall be a member of the staff of the facility where the examination was made. (

b) by striking out s'ubsection (2) and by sUbstituing the. following:

(2) Two renewal certificates are sufficient authority to observe, examine, care for treat con- trol and deta1in the person named therein ' 2

Section 29 relates to examinations leading to admission of a formal patient in a facility.

Section 30 presently reads: 30.

(1) Two admission ,cerUficates are sufficient authol'ity to detain and treat the pe'rson named therein, in a facility, for a period of one month from the date the second admission certificate is issued.

(2) Where the person named in two admission certificates is not in 11 facility, the certificates are sufLident authority to ,convey the person named theredn to a facility within 72 hours of the time the second ad mission certificate was ,issued.

Section 31 deals with the issue of renewal certificates which authorize a continuation in the facility of a patient for further limited periods.

Section 31 (2) presently reads:

(2) Two renewal certificates are sufficient authority to detain and treat the person named therein as follows': (

a) in the case of the first two renewal certdfticates, fnr a period of not more than two additional months; (

b) lin the case of the second two renewal certificates, for a period of not more than six additional months; (

c) in the case of ea,ch two subsequent renewal certificates, for a period of not more than six additional mnnths. The rewording in the new clauses (

a) and (

b) is intended to prevent a misinterpretation that the present clause (

c) refers to only two subsequent cases where renewal certificates are issued. 2

(

a) in the f,irst case where two renewal cer tificates are issued, for a period of not more than two additional months; (

b) in the second case and each subsequent case where two renewal certificates are issued, for a period of not more than six addi tional months.

Section 37 is amended by striking out subsection (1) and by sUbstitut.ing the following: 37.

(1) A certificate of incapacity lasts until it is can celled (

a) by an order issued pursuant to

section 37.1, or (

b) by a review panel or, on appeal, by the Supreme Court. 9. The fdllowing

section is added after

section 37: 37.~

(1) Where, after separate examinations by each of them, (

a) a therapist and a physician, or (

b) two physicians, are of the opinion that a person who is the subject of a certificate of incapacity is capable of managing his affairs, they may issue an order cancelling the certificate of in capacity.

(2) The order cancelling the certificate of incapacity shall show (

a) the names of (

i) the therapist and the physician, or (ii) the two physicians, who issued it, (

b) the date that each examination was made, (

c) the facts on which the therapist (where appropri ate) and each physician formed his opinion that the person concerned was capable 'Of managing his affairs, distinguishing the facts observed by him from the facts communicated to him by others, (

d) the date of issue, and (

e) the signatures of the persons issuing it.

(3) Immediately after an order cancelling a certificate of incapacity is issued, the physician who signed the order shall (

a) notify or cause to be notified, the Public Trustee, and 3

Section 37 presently reads: 37.

(1) A certificate of incapacity lasts until it is cancelled by a re view panel or on appeal, by a judge of the Supreme Court.

(2) A certificate of incapacity is deemed to be cancelled where a committee ds appointed by the .court under The Mentally In.capacitated p.e'l"sons Act, to repla.c.e the Publi.c Trustee.

(3) Where a formal patient is dis,charged fI"om a faoility, the dis charge does not cancel, nor in any manner affect, a certificate of in caplwity. See

section 9 of this Bill. 9. The new

section 37.1 will allow for the cancellation of a cer tificate of incapacity by using the same procedure as was followed in issuing it. 3

(

b) mail or cause to be mailed to (

i) the Public Trustee, the order, and (ii) the nearest relative of the person concerned, a copy of the order.

Section 40, subsection (4) is amended by adding after the words "Except as permitted by the chairman" the words "and except where the report is published by the applicant or his representative".

Section 45, subsection (1) is amended by striking out the words "facility director" and by substituting the word "board". 12. Se,ction 47 is amended (

a) as to subsection (1) by striking out the words "a therapist or a physician" and by substituting the words "the hoard", (

b) by striking mlt subsection (2) and by substitut.ing the following:

(2) Where a formal patient has been discharged and refuses or is unwilling to leave the facility, the board or a representative of the board may require that the removal of the former patient be effected by (

a) any person who is liable for the payment of expenses incurred with respect to the former patient pursuant to

section 58, subsection (1), or (

b) the Minister of Health and Social Devel opment.

(3) The board may by registered mail notify the person responsible for the removal of the former patient to remove the former patient within 10 days from the receipt of the notice.

(4) Where the notice is given under subsection (3), a copy of the notice shall he given iby mail to the Director.

(5) Where the notice under subsection (3) is given to a person referred to in subsection (2), clause (

a) and that person faUs to comply with the notice, that person is guilty of an offence and liable on

summary conviction to a fine of not more than $50 and in default -of payment to imprisonment for a term not exceeding 10 days. 4

Section 40 (4) presently reads:

(4) Except as permitted by the chairman, no person shall publish any report f)f a hecu'ing, inves'tigatiun or deliberation by a review panel or the names of any persons concerned therewith. 11. Corrects a drafting error.

Section 47 presently reads: 47.

(1) Whe're a formal patient is discharged from a facility, a ther apist or a phys.ic.ian· shall, where possible, give notice of the discharge (

a) to the neares,t relative, if. the person discharged agrees, and (

b) to the referring source, and where applLcable shall state in the notice whether a certificate of incapacity continues to exist Wlith respe·C't to the person.

(2) Where a formal patient has been discharged and refuses o'r is unwilling to leave the facility the board may, with the consent of the Minister, cause the person toO be removed from the faclility. The new provisions replacing subsection (2) are intended to make the removal procedures similar to those applicable to ap proved hospitals. 4

Section 48, subsection (3) is amended by striking out the words "in accordance with the by-laws of" and by sUbstituting the word "by".

Section 60, subsection (2) is amended (

a) by striking out clause (

a) and by substituting the following: (

a) des'ignating any place or part of a place as a facility; (al) classifying facilities for any purpose; (

b) as to clause (

b) by adding the following subclause: (vi) prescribing the charges that the owner or operator of a facility or any class thereof may make for diagnostic and treatment services and other services provided to patients in that facility who are not entitled to those services at the expense of the Government of Alberta; (

c) by adding the following subsection after subsection (2) :

(3) Where the Lieutenant Governor in Council designates any place as a facility, he may by regu lat,ion (

a) limit or restrict the purposes under this Act or the regulations for which that place is designated as a facility; (

b) make inapplicable to a facility or any class thereof any 'Of the provisions of this Act. 15. This Act comes intol force on the day upon which it is assented to. 5

Section 48 (3) presently reads:

(3) Where a formal patient Is no longer a danger to himself or others, he may be discharged in a.ocordance with the by-laws of the board and thereupon the admis'sion certificates or renewal cerrtificates, as the case may be, shall be deemed toO be cancelled. 14.

Section 60 (2) (

a) and (

b) presently read:

(2) The I.Jieutenant Governor in Council may make regulations (

a) designating and olassifying faciLities, and exempting any facility or class thereof from the application of any provision of the regulatdons made under clause (b); (

b) in respect ,of facilities or any class thereof, (1) providing for the creation, establishment, construction, al teration, renovation and maintenanoe thereof, (ii) prescribing the accommodation, equipment, conduct, opera tions, use and control thert~olf, (>iii) providing for the government, management, conduct, opera tion, us,e and control thereof, (iv) providing forr the officers and staff and prescribing their qualifications, (

v) prescribing the forms, records, books, returns and reports to be made and kept in connecttion therewith and providing for returns. reports and inforrmat.ion to be furnished to the Minister; See also the note to

section 2 of this Bill. 5 Title: 1973 (17th, 2nd) Bill 77, The Mental Health Amendment Act, 1973

Document details

Collection	Alberta — Bills
Citation	L17 S2 5211
Type	bill
Volume / chapter	L17 S2 5211
Language	en
Format	json
Source	PROVINCIAL
Identifier	4a2036bb95106ad9ccd730af0ad7c47f66289ae1

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