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1998/99 Legislative Session: 3rd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE PENNY PRIDDY

MINISTER OF HEALTH AND

MINISTER RESPONSIBLE FOR SENIORS

BILL 22 – 1998

MENTAL HEALTH AMENDMENT ACT, 1998

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

of British Columbia, enacts as follows:

Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(

a) by adding the following definition:

"designated facility" means a Provincial mental health facility, psychiatric unit or

observation unit; ,

(

b) by repealing the

definitions of "director" and "mentally disordered person" and

substituting the following:

"director" means a person appointed under the regulations to be in charge of a

designated facility and includes a person authorized by a director to exercise a

power or carry out a duty conferred or imposed on the director under this Act or

the Patients Property Act ;

"mentally disordered person" means a person who has a disorder of the mind that

requires treatment and seriously impairs the person's ability

(

a) to react appropriately to the person's environment, or

(

b) to associate with others; ,

(

c) by repealing the

definitions of "mentally ill person" , "mentally retarded person"

and "officer in charge of a psychiatric unit" ,

(

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

"patient" means a person who, under this Act,

(

a) is receiving care, supervision, treatment, maintenance or rehabilitation, or

(

b) is received, detained or taken charge of as a mentally disordered person or

as an apparently mentally disordered person; , and

(

e) by adding the following definition:

"treatment" means psychiatric treatment and includes any procedure necessarily

related to the safe and effective provision of psychiatric treatment.

Section 8 is repealed and the following substituted:

Powers and duties of directors

8 A director must ensure

(

a) that each patient admitted to the designated facility is provided with professional

service, care and treatment appropriate to the patient's condition and

appropriate to the function of the designated facility and, for those

purposes, a director may sign consent to treatment forms for a patient

detained under

section 22, 28, 29, 30 or 42,

(

b) that standards appropriate to the function of the designated facility are

established and maintained, and

(

c) if in charge of a Provincial mental health facility, that the orders and

directives of the minister are observed and performed.

Section 15 is amended by striking out "Provincial mental health facility" and substituting

"designated facility" .

Section 16 is amended

(

a) in paragraph (

a) by striking out "signing" and substituting "making" ,

(

b) by repealing paragraph (

b) and substituting the following:

(

b) requesting that a person be admitted to, or admitted to and detained in, a

designated facility; ,

(

c) by adding the following paragraphs:

(b.1) if the person is the director, admitting a patient to the designated facility

under

section 20 (1) (a) (ii) on the basis of a physician's opinion or

continuing the admission and treatment of the patient on the basis of a report

made under

section 20 (4);

(b.2) if the person is the director, admitting a patient to the designated facility and

detaining the patient on the authority of a medical certificate or a warrant or

report or determination made under

section 24 or 25;

(b.3) if the person is the director, authorizing treatment or signing a consent to

treatment form; ,

(

d) by repealing paragraphs (d), (

e) and (

f) and substituting the following:

(

d) making an order if the person is a justice of the court;

(

e) issuing a warrant if the person is a judge of the Provincial Court, a justice

of the peace or a director;

(

f) apprehending, transporting or taking charge of a person on the authority of

(

i) a medical certificate, or

(ii) if a peace officer, a warrant;

(f.1) if a police officer or constable, apprehending a person under

section 28 (1); ,

and

(

e) by adding the following paragraphs:

(

h) if a director, releasing a patient under

section 37, transferring or accepting

the transfer of a patient under

section 35 or 38 or recalling a patient under

section 39 in a manner not contrary to the regulations;

(

i) providing in a manner not contrary to the regulations the care, supervision,

treatment, maintenance or rehabilitation of a patient on leave or transferred

to an approved home under

section 37 or

Section 17 is amended by striking out "Provincial mental health facility" wherever it

appears and substituting "designated facility" .

Section 20 is repealed and the following substituted:

Voluntary admissions

(1) A director may admit any person to the designated facility

(

a) if the person

(

i) has reached 16 years of age and requests admission, or

(ii) is under 16 years of age and a parent or guardian of the person

requests that the person be admitted, and

(

b) if the director is satisfied that the person has been examined by a physician

who is of the opinion that the person is a mentally disordered person.

(2) A patient admitted under this

section who is under 16 years of age must, unless

discharged from the designated facility, be examined at the following times by a

physician authorized for the purpose by the director:

(

a) within each of the first 2 months following the date the patient was

admitted;

(

b) within 3 months of the second examination required by paragraph (a);

(

c) within 6 months of the examination required by paragraph (b);

(

d) within each successive 6 month period following the examination required

by paragraph (c).

(3) If the physician who examines a patient under subsection (2) is of the opinion that

the patient is not a mentally disordered person, the director must discharge that

patient.

(4) If the physician who examines a patient under subsection (2) is of the opinion that

the patient is a mentally disordered person, the physician must record a written

report of the examination and include in it the reasons for the opinion.

(5) A nurse in charge of a ward in a designated facility must

(

a) ensure that each patient in the ward who was admitted under this

section is

enabled to communicate without delay to the director any desire that the

patient may form to leave the designated facility, and

(

b) on learning that a patient in the ward who was admitted under this

section

desires to leave the designated facility, promptly notify the director of that

desire.

(6) A patient admitted under this

section must be discharged by the director

(

a) if the patient has reached 16 years of age and the director is notified in any

manner that the patient desires to be discharged,

(

b) if the patient is under 16 years of age and the director is notified in any

manner that a parent or guardian requests that the patient be discharged, or

(

c) if the patient is under 16 years of age and the director is notified by a

physician, authorized by the director for the purpose of this section, that the

patient has been examined by the physician and found not to be a mentally

disordered person.

(7) Subsections (5) and (6) do not apply if the requirements for detention of the

patient under

section 22 (1) have been fulfilled.

(8) A person who has reached 16 years of age and who has been admitted to a

designated facility has, despite any rule of law relating to minors, the capacity to

make the request and to make an agreement for payment for maintenance and

treatment in the designated facility and to authorize the person's treatment in the

designated facility.

Section 21 (1) is amended

(

a) by striking out "age 16," and substituting "16 years of age," , and

(

b) by striking out "Provincial mental health facility" and substituting "designated

facility" .

Section 22 is repealed and the following substituted:

Involuntary admissions

(1) The director of a designated facility may admit a person to the designated facility

and detain the person for up to 72 hours for examination and treatment on

receiving one medical certificate respecting the person completed by a physician

in accordance with subsections (3) and (4).

(2) On receipt by the director of a second medical certificate completed by another

physician in accordance with subsections (3) and (5) respecting the patient

admitted under subsection (1), the detention and treatment of that patient may be

continued beyond the 72 hour period referred to in subsection (1).

(3) Each medical certificate under this

section must be completed by a physician who

has examined the person to be admitted, or the patient admitted, under

subsection (1) and must set out

(

a) a statement by the physician that the physician

(

i) has examined the person or patient on the date or dates set out, and

(ii) is of the opinion that the person or patient is a mentally disordered

person,

(

b) the reasons in

summary form for the opinion, and

(

c) a statement, separate from that under paragraph (a), by the physician that

the physician is of the opinion that the person to be admitted, or the patient

admitted, under subsection (1)

(

i) requires treatment in or through a designated facility,

(ii) requires care, supervision and control in or through a designated

facility to prevent the person's or patient's substantial mental or

physical deterioration or for the protection of the person or patient or

the protection of others, and

(iii) cannot suitably be admitted as a voluntary patient.

(4) A medical certificate referred to in subsection (1) is not valid unless both it and

the examination it describes are completed not more than 14 days before the date

of admission.

(5) A second medical certificate referred to in subsection (2) is not valid unless both

it and the examination it describes are completed within the 72 hour period

following the time of admission.

(6) A medical certificate completed under subsection (1) in accordance with

subsections (3) and (4) is authority for anyone to apprehend the person to be

admitted, and for the transportation, admission and detention for treatment of that

person in or through a designated facility.

(7) A patient admitted under subsection (1) to an observation unit must be transferred

to a Provincial mental health facility or psychiatric unit within the prescribed

period after a second medical certificate is received under subsection (2) by the

director of the observation unit unless the patient is

(

a) discharged, or

(

b) released on leave or transferred to an approved home under

section 37 or

Section 23 is amended by striking out "in a Provincial mental health facility" .

Section 24 is amended

(

a) in subsection (2) by striking out "of the Provincial mental health facility" and "who

has been detained in the facility" and by striking out "that the detention of the patient

should be renewed." and substituting "that

section 22 (3) (a) (ii) and (

c) continues to

describe the condition of the patient." , and

(

b) by adding the following subsections:

(2.1) An examination under subsection (2) must include

(

a) consideration of all reasonably available evidence concerning the patient's

history of mental disorder including

(

i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(

b) an assessment of whether there is a significant risk that the patient, if

discharged, will as a result of mental disorder fail to follow the treatment

plan the director or physician considers necessary to minimize the

possibility that the patient will again be detained under

section 22.

(2.2) If an examination under subsection (2) concludes that

section 22 (3) (a) (ii)

and (

c) continues to describe the condition of the patient, the director or physician

must renew under subsection (2) the authority for the detention of that patient.

Section 25 is amended

(

a) in subsection (1) by striking out "person admitted to a Provincial mental health

facility" and substituting "patient detained" and by striking out "person or of another

person," and substituting "patient or a person on the patient's behalf," ,

(

b) by adding the following subsection:

(1.1) If a patient has been on leave or transferred to an approved home under

section 37

or 38 for 12 or more consecutive months and a hearing under this

section has not

been requested or held within that period, a chair appointed under subsection

(7) must review the patient's treatment record and, if satisfied from this record that

there is a reasonable likelihood that the patient would be discharged following a

hearing under this section, must order that a hearing under this

section be held. ,

(

c) by repealing subsection (2) and substituting the following:

(2) The purpose of a hearing under this

section is to determine whether the detention

of the patient should continue because

section 22 (3) (a) (ii) and (

c) continues to

describe the condition of the patient. ,

(

d) by adding the following subsections:

(2.1) A hearing by a review panel must include

(

a) consideration of all reasonably available evidence concerning the patient's

history of mental disorder including

(

i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(

b) an assessment of whether there is a significant risk that the patient, if

discharged, will as a result of mental disorder fail to follow the treatment

plan the director or a physician authorized by the director considers

necessary to minimize the possibility that the patient will again be detained

under

section 22.

(4.1) If the hearing under subsection (2) concludes that

section 22 (3) (a) (ii) and (

c) continues to describe the condition of the patient, the review panel must

determine under subsection (2) that the detention of the patient be continued. ,

(

e) by repealing subsection (5) (

b) and substituting the following:

(

b) a physician appointed by the designated facility in or through which the

patient is receiving treatment; , and

(

f) in subsection (6) by striking out "of the Provincial mental health facility to which the

patient is admitted" .

12 Sections 26 and 27 are repealed.

Section 28 is repealed and the following substituted:

Emergency procedures

(1) A police officer or constable may apprehend and immediately take a person to a

physician for examination if satisfied from personal observations, or information

received, that the person

(

a) is acting in a manner likely to endanger that person's own safety or the

safety of others, and

(

b) is apparently a mentally disordered person.

(2) A person apprehended under subsection (1) must be released if a physician does

not complete a medical certificate in accordance with

section 22 (3) and (4).

(3) Anyone may apply to a judge of the Provincial Court or, if no judge is available,

to a justice of the peace respecting a person if there are reasonable grounds to

believe that

section 22 (3) (a) (ii) and (

c) describes the condition of the person.

(4) On application under subsection (3), the judge or justice may issue a warrant in

the prescribed form if satisfied that

(

a) the applicant has reasonable grounds to believe that subsection (3) applies

to the person respecting whom the application is made, and

(

b) section 22 cannot be used without unreasonable delay.

(5) A warrant issued under subsection (4) is authority for the apprehension of the

person to be admitted and for the transportation, admission and detention of that

person for treatment in or through a designated facility.

(6) On being admitted as described in subsection (5), a patient must be discharged at

the end of 72 hours detention unless the director receives 2 medical certificates

as described in

section 22 (3).

(7) On the director receiving 2 medical certificates as described in subsection (6),

section 22 (6) and (7) applies to the patient.

Section 29 (9) is amended by striking out "(1) to (8)" .

15 Sections 30 to 39 are repealed and the following substituted:

Detention under Criminal Code

30 A person who, under the Criminal Code ,

is found not criminally responsible on account of mental disorder or is found

unfit on account of mental disorder to stand trial, and who is ordered to be

detained in a Provincial mental health facility, must receive care and treatment

appropriate to the condition of the person as authorized by the director.

Deemed consent to treatment and request for a second opinion

(1) If a patient is detained in a designated facility under

section 22, 28, 29, 30 or 42

or is released on leave or is transferred to an approved home under

section 37

or 38, treatment authorized by the director is deemed to be given with the consent

of the patient.

(2) A patient to whom subsection (1) applies, or a person on the patient's behalf, may

request a second medical opinion on the appropriateness of the treatment

authorized by the director once in each of the following periods:

(

a) a one month period referred to in

section 23 or 24 (1) (a);

(

b) a 3 month period referred to in

section 24 (1) (b);

(

c) a 6 month period referred to in

section 24 (1) (c).

(3) On receipt of a second medical opinion prepared as described in subsection (2),

the director must consider whether changes should be made in the authorized

treatment for the patient and authorize changes the director considers should be

made.

Direction and discipline of patients

32 Every patient detained under this Act is, during detention, subject to the direction and

discipline of the director and the members of the staff of the designated facility

authorized for that purpose by the director.

Application to court for discharge

(1) In this section:

"certificate" means

(

a) a request in writing made under

section 20 (1) (a) (ii), or a report made

under

section 20 (4) respecting a patient admitted under

section 20 (1)

(a) (ii),

(

b) a medical certificate completed in accordance with

section 22 (1) or (2), or

a report or determination made under

section 24 or 25, or

(

c) a warrant under

section 28, 39 or 41;

"patient" means

(

a) a person whose admission is requested, or a patient who is admitted, under

section 20 (1) (a) (ii),

(

b) a patient who is detained under

section 22, 28, or 42 or whose detention is

renewed or continued under

section 24 or 25, or

(

c) a person or patient for whom a medical certificate has been completed as

required under

section 22 (1), or a warrant has been issued under

section 28,

39 or 41, and who has not been apprehended and admitted or returned to a

designated facility in consequence;

"psychiatrist" means a physician who is recognized by the College of Physicians

and Surgeons of British Columbia as being a specialist in psychiatry.

(2) A patient, or a person on behalf of the patient, who believes that there is not

sufficient reason or legal authority for a certificate respecting the patient may

apply to the court for an order under subsection (8) (a), (

b) or (c).

(3) Nothing in this

section affects the right of a patient or other person to apply for a

writ of habeas corpus or other prerogative writ.

(4) On hearing an application under subsection (2), the court may review the

evidence, including

(

a) all records relating to the patient's admission to or detention in or through

a designated facility, and

(

b) further evidence it considers relevant.

(5) On hearing an application under subsection (2) concerning a patient detained

under this Act, the court must

(

a) consider all reasonably available evidence concerning the patient's history

of mental disorder including

(

i) hospitalization for treatment, and

(ii) compliance with treatment plans following hospitalization, and

(

b) make an assessment of whether there is a significant risk that the patient, if

discharged, will as a result of mental disorder fail to follow the treatment

plan the director or a physician authorized by the director considers

necessary to minimize the possibility that the patient will again be detained

under

section 22.

(6) If the review under subsection (4) concludes that

section 22 (3) (a) (ii) and (

c) continues to describe the condition of the patient, the court must conclude that

there is sufficient reason for the certificate.

(7) If satisfied that there is sufficient reason and legal authority for the certificate, the

court must reject the application made under subsection (2).

(8) If not satisfied that there is sufficient reason or legal authority for the certificate,

the court may make any of the following orders:

(

a) that the patient not be apprehended, transported or admitted to a designated

facility under the certificate that gave rise to the application under this

section;

(

b) that the patient not be apprehended, transported or admitted to a designated

facility under a certificate made before the date of the order;

(

c) that the patient be discharged from the designated facility;

(

d) that within 10 days the director named in the order must obtain a report from

a psychiatrist, stating

(

i) that the psychiatrist has examined the patient at the director's request

on the dates stated in the report,

(ii) whatever further information the psychiatrist considers relevant, and

(iii) whether or not, in the opinion of the psychiatrist for the reasons stated

in the report, the patient

(

A) is a mentally disordered person,

(

B) requires treatment in or through a designated facility,

(

C) requires care, supervision and control in or through a designated

facility to prevent the patient's substantial mental or physical

deterioration or for the protection of the patient or the protection

of others, and

(

D) cannot suitably be admitted as a voluntary patient;

(

e) that the patient, if not detained in a designated facility at the time an order

under paragraph (

d) is made, attend before the psychiatrist for examination

at a time and place appointed by the director.

(9) On receiving a report made under an order under subsection (8) (d), the court

must

(

a) reject the application made under subsection (2) if the court is satisfied that

there is sufficient reason and legal authority for the certificate, and

(

b) make an order under subsection (8) (a), (

b) or (

c) if the court is satisfied that

there is not sufficient reason or legal authority for the certificate.

(10) If an order is made under subsection (8) (c), the director must immediately

discharge the patient.

Advice to near relative

(1) The director must send to a near relative of the patient a written notice setting out

the patient's rights under sections 21, 23, 24, 25 and 33 immediately after

(

a) the admission of the patient to the designated facility under

section 20 (1)

(a) (ii), or

(

b) the admission and detention of the patient in the designated facility under

section 22 (1) or 28 (5).

(2) The director must give notice in the prescribed manner to a near relative of a

patient immediately after

(

a) discharging the patient from the designated facility, or

(

b) receipt of a request under

section 25 (1) from someone who is not a near

relative of the patient.

(3) On making an order under

section 25 (1.1), the chair must give a notice of the

order in the prescribed manner to a near relative of the patient.

(4) If the director or chair has no information about the identity of the patient's near

relatives, this

section is sufficiently complied with if the notice is sent to the

Public Trustee.

Transfers

(1) If a transfer to another designated facility is considered beneficial to the welfare

of a patient, the director may, by agreement with the director of the other

designated facility, authorize the transfer and transfer the patient.

(2) Despite subsection (1), if a person detained under

section 29 is transferred, the

transfer must be to a Provincial mental health facility and the transfer may only

be made

(

a) with the approval of the Lieutenant Governor in Council, or

(

b) if the person is detained under

section 29 (4) and (5), with the authorization

of the person in charge of the correctional centre, youth custody centre,

prison or lockup from which the person was transferred.

(3) A director to whose designated facility a patient is transferred under this

section

has authority to detain the patient and the time limited by this Act for the doing

of any thing runs as if the patient's detention were continuous in or through one

designated facility.

Discharge

(1) The director may discharge a patient from the designated facility.

(2) An application, request, medical certificate or warrant made or issued under this

Act before the discharge of the patient with respect to whom it is made or issued

is not effective after the discharge for the purposes of this Act.

(3) If a person is discharged from a designated facility other than by the operation of

section 41 (3), the director must, on receiving an application by or on behalf of

the person, provide the person with a certificate of discharge, signed by the

director, in the prescribed form.

Leave

37 Subject to

section 40 and the regulations, if the director considers that leave would

benefit a patient detained in the designated facility, the director may release the patient

on leave from the designated facility.

Approved homes

38 Subject to

section 40 and the regulations, if the director considers that the transfer

would benefit a patient detained in the designated facility, the director may transfer

the patient to an approved home.

Authority to detain continues despite leave or transfer

(1) The release of a patient on leave or the patient's transfer to an approved home

under

section 37 or 38 does not, of itself, impair the authority for the patient's

detention under this Act and that authority may be continued, according to the

same procedures and to the same extent, as if the patient were detained in a

designated facility.

(2) Subject to the regulations, a patient who is on leave or has been transferred to an

approved home under

section 37 or 38 may, if the conditions of the patient's leave

or transfer are not being met, be recalled

(

a) to the designated facility from which the patient was released or transferred,

(

b) to another designated facility, if the transfer to that facility is authorized and

agreed to under

section 35.

(3) Subject to the regulations, the director of a designated facility who recalls a

patient under subsection (2), or to which a patient is recalled under subsection

(2) as a result of a transfer under

section 35, may issue a warrant in the prescribed

form for the patient's apprehension and transportation to the designated facility

to which the patient is recalled.

(4) A patient who is recalled under subsection (2) while on leave that has lasted 6 or

more consecutive months is deemed, for the purposes of sections 23 to 25, to have

been admitted under

section 22 (1) on the date of return to a designated facility

as a result of the recall.

16 Sections 41 and 42 are repealed and the following substituted:

Unauthorized absences

(1) If a patient detained in a designated facility leaves the designated facility without

having been released on leave or transferred to an approved home under

section 37 or 38 or discharged under this Act, the director may, within 60 days

after the date on which the patient leaves the facility, issue a warrant in prescribed

form for the apprehension of the patient and the patient's transportation to the

designated facility and the warrant is authority for the apprehension of the patient

and the patient's transportation to the designated facility.

(2) If a warrant is issued under subsection (1), all peace officers and other persons

designated by the director must give any assistance required in the apprehension

of the patient or the transportation of the patient to the designated facility.

(3) Except as provided in subsection (4), after the end of 60 days from the date the

patient leaves the designated facility under the circumstances set out in

subsection (1), the patient is deemed to have been discharged from the designated

facility.

(4) If a patient detained in a designated facility leaves the designated facility under

the circumstances set out in subsection (1) while charged with an offence or liable

to imprisonment or considered by the director to be likely to endanger the

patient's safety or the safety of others, even though the period of 60 days has

elapsed since the date the patient left the designated facility, the director may

issue a warrant in the prescribed form for the patient's apprehension and transportation

to a designated facility and the warrant is authority for the patient's

apprehension and transportation to the designated facility.

(5) If a patient escapes during the course of transfer to a designated facility, both the

director of the designated facility to which the patient was being transferred and

the director of the designated facility from which the patient was being

transferred may issue a warrant under this section.

(6) A patient detained in a designated facility who leaves the designated facility

under the circumstances set out in subsection (1) may be apprehended for the

purpose of returning the patient to the facility, within 48 hours from the time the

patient leaves, even though no warrant has been issued under this section.

Transfer from another province

(1) If a director receives a written request from an appropriate mental health

authority of another province with respect to a person who, because of being a

mentally disordered person, is detained in a hospital or mental health facility in

that other province, the director may authorize the taking into custody and transportation

of the person to the designated facility and may admit that person.

(2) On being admitted under subsection (1), the patient must be discharged at the end

of 72 hours detention unless the director receives 2 medical certificates as

described in

section 22 (3).

(3) On the director receiving 2 medical certificates as described in subsection (2),

section 22 (6) and (7) applies to the patient.

Section 43 (2) is amended

(

a) by repealing paragraphs (

a) to (

e) and substituting the following:

(

a) prescribing forms, including the form of the warrant under

section 28, 39

or 41;

(

b) governing the selection, approval and operation of approved homes and the

payment of the cost of the maintenance of the patients in them;

(

c) governing the establishment, development, maintenance and management

of services and designated facilities for the examination, diagnosis and

treatment of mentally disordered persons and the rehabilitation of patients;

(

d) governing the protection and custody of patients detained in designated

facilities;

(d.1) governing the reports to be made concerning patients detained in designated

facilities;

(

e) governing the transfer of patients between designated facilities or to and

from reciprocating jurisdictions; ,

(

b) by repealing paragraph (

g) and substituting the following:

(

g) prescribing standards for buildings or premises that are designated facilities

and for the furnishings and equipment of these buildings or premises; ,

(

c) by repealing paragraphs (

l) and (

m) and substituting the following:

(

l) concerning the admission of patients to designated facilities or a particular

designated facility, the care, treatment and maintenance of patients and the

discharge of patients;

(

m) prescribing rules respecting the conduct of hearings, including the practice

and procedure, under sections 23 to 25; , and

(

d) by adding the following paragraphs:

(

n) prescribing the period referred to in

section 22 (7);

(

o) governing the release and recall of patients on leave or the transfer and

recall of patients to or from approved homes, including the care, supervision,

treatment, maintenance or rehabilitation of patients on leave or

transferred to approved homes;

(

p) governing the appointment of directors;

(

q) governing the preparation of second medical opinions under

section 31.

18 The

Schedule is repealed.

Consequential Amendments

Supplement to the Mental Health Act

Section 3 of the Supplement to the Mental Health Act, R.S.B.C. 1996, c. 288, is repealed.

Section 4 is repealed and the following substituted:

Section 34 (4) is amended by striking out "Public Trustee" and substituting "Public

Guardian and Trustee" .

Commencement

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

Explanatory Notes

SECTION 1: [Mental Health Act, amends

section 1] repeals the

definitions of "mentally ill

person", "mentally retarded person" and "officer in charge of a psychiatric

unit", amends the

definitions of "director", "mentally disordered person" and

"patient" and adds

definitions of "designated facility" and "treatment".

SECTION 2: [Mental Health Act, re-enacts

section 8] gives the powers and duties of the

director of a Provincial mental health facility to the director of an observation

unit.

SECTION 3: [Mental Health Act, amends

section 15] broadens

section 15 of the Act to

apply to psychiatric units and observation units as well as Provincial mental

health facilities.

SECTION 4: [Mental Health Act, amends

section 16] clarifies the protections from civil

liability for duties carried out under the Act.

SECTION 5: [Mental Health Act, amends

section 17] broadens

section 17 of the Act to

apply to psychiatric units and observation units as well as Provincial mental

health facilities.

SECTION 6: [Mental Health Act, re-enacts

section 20] clarifies age references, broadens

section 20 of the Act to apply to observation units and removes an inappropriate

reference to detention, as patients admitted under

section 20 of the Act

are voluntary patients.

SECTION 7: [Mental Health Act, amends

section 21 (1)] clarifies an age reference and

broadens

section 21 (1) of the Act to apply to psychiatric units and observation

units.

SECTION 8: [Mental Health Act, re-enacts

section 22] provides that involuntary admissions

are initiated by one medical certificate and terminate after 72 hours unless

a second medical certificate from a different physician is completed during that

72 hour period and broadens

section 22 of the Act to apply to observation units.

SECTION 9: [Mental Health Act, amends

section 23] broadens

section 23 of the Act to

apply to observation units.

SECTION 10: [Mental Health Act, amends

section 24]

provides that a director or physician, when determining if the criteria for

involuntary admission under

section 22 of the Act are met and therefore that

the patient's detention should be renewed, must include consideration of the

patient's history of mental disorder and whether, if discharged, the patient

is likely to follow a treatment plan designed to minimize the need for re-admission under

section 22 of the Act, and

broadens

section 24 of the Act to apply to observation units.

SECTION 11: [Mental Health Act, amends

section 25]

requires that a hearing be held under

section 24 of the Act if a patient has

been on leave for 12 consecutive months since such a hearing was last

requested or held. It also requires that a review panel, when determining if

the criteria for involuntary admission under

section 22 of the Act are met

and therefore that the patient's detention should be continued, must include

consideration of the patient's history of mental disorder and whether, if

discharged, the patient is likely to follow a treatment plan designed to

minimize the need for re-admission under

section 22 of the Act.

broadens

section 25 of the Act to apply to observation units.

SECTION 12: [Mental Health Act, repeals sections 26 and 27]

section 26 of the Act becomes redundant with the substitution of "designated

facility" (being added to the

definitions for the Act by

section 1 of this

Bill) for "Provincial mental health facility" in the sections now referred to

section 26 of the Act, and

section 27 of the Act becomes redundant in light of

section 22 of the Act as

revised by

section 8 of this Bill.

SECTION 13: [Mental Health Act, re-enacts

section 28] makes the criteria in a court

proceeding for the issue of a warrant to apprehend a mentally disordered

person the same as those applicable for involuntary admission under

section 22

of the Act.

SECTION 14: [Mental Health Act, amends

section 29 (9)] is consequential to the

amendment of

section 33 of the Act.

SECTION 15: [Mental Health Act, re-enacts sections 30 to 39]

Revisions to

section 30 of the Act reflect recent amendments to the

Criminal Code of Canada.

Revisions to

section 31 of the Act give an involuntarily admitted patient the

right to request a second medical opinion on the appropriateness of

treatment authorized by the director. They also broaden

section 31 of the

Act to apply to observation units.

Revisions to

section 32 of the Act broaden

section 32 of the Act to apply to

observation units.

Revisions to

section 33 of the Act clarify who may apply for an order under

section 33 of the Act and provide that the same factors govern the making

of an order under that

section as govern admissions or discharges under

sections 22, 24 and 25 of the Act.

Revisions to

section 34 of the Act make greater provision for relatives of a

patient to be advised of admissions, detentions, reviews and releases made

under the Act respecting the patient.

Revisions to

section 35 of the Act broaden that

section to apply to observation

units.

Revisions to

section 36 of the Act broaden that

section to apply to observation

units. Also, specific reference to warrants is included in

section 36 (2)

of the Act.

Revisions to

section 37 of the Act, coupled with amendments to

section 43 (2) of the Act made by this Bill, allow for the establishment of a

leave management framework by regulation within which better treatment

plans can be developed for those involuntary patients who can be treated

without institutionalization. The revisions broaden

section 37 of the Act to

apply to observation units.

Revisions to

section 38 of the Act, coupled with amendments to

section 43 (2) of the Act made by this Bill, allow for the establishment of a

framework by regulation within which better treatment plans can be

developed for certain involuntary patients through approved homes. The

revisions broaden

section 38 of the Act to apply to psychiatric units and

observation units.

Revisions to

section 39 of the Act clarify the capacity to recall an involuntary

patient to institutional care from a leave or approved home setting and

provide greater safeguards to ensure that the need for institutional care for

a recalled patient is periodically reviewed. The revisions broaden

section 39

of the Act to apply to observation units.

SECTION 16: [Mental Health Act, re-enacts sections 41 and 42]

Revisions to

section 41 of the Act ensure that release or transfer under

section 37 or 38 of the Act does not trigger a deemed discharge under

section 41 (3) of the Act after 60 days residence outside an institution.

Revisions to

section 42 of the Act put a patient transferred to British

Columbia from another province on the same footing as one admitted to a

designated facility under

section 22 (1) of the Act.

SECTION 17: [Mental Health Act, amends

section 43 (2)] amends the regulation making

powers to complement other amendments made by this Bill.

SECTION 18: [Mental Health Act, repeals the Schedule] removes forms for warrants as

section 43 of the Act as amended by this Bill allows these forms to be

prescribed.

Supplement to the Mental Health Act

SECTION 19: [Supplement to the Mental Health Act, repeals

section 3]

section 15 of this Bill re-enacts

section 31 of the Mental Health Act

in a manner that no longer refers to the Patients Property Act .

Section

3 of the Supplement, which would have changed the reference from Patients

Property Act to Adult Guardianship Act , is therefore redundant.

SECTION 20: [Supplement to the Mental Health Act, repeals and replaces

section 4]

section 15 of the Bill re-enacts

section 34 of the Mental Health Act so that the

reference to the Public Trustee appears in subsection (4) rather than subsection

(2).

Copyright © 1999: Queen's Printer, Victoria, British Columbia, Canada