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NEWFOUNDLAND

AND

LABRADOR

REGULATION 24/08

Mental Health Care and Treatment Regulations

under the

Mental Health Care and Treatment Act

( O.C

. 2008-114)

(Filed

April 30, 2008

Under the authority of

section 8 of the Mental Health Care and Treatment Act

the Lieutenant-Governor in Council makes the following regulations.

Dated at

St. Johns

April 24, 2008

Gary Norris

Clerk of the Executive Council

REGULATIONS

Analysis

Short title

Definition

Appropriate place

Reasonable limits on use of telephone

Appeal procedure

Schedule

Short title

These regulations may be cited as the Mental Health Care and Treatment Regulations

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Definition

In these regulations "Act" means the Mental Health Care and Treatment Act

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Appropriate place

(1)For the purpose of

section 25 of the Act, any one of the locations referred to in the

schedule shall be considered to be an appropriate place in which a person who is the subject of 2 completed certificates may be held pending his or her conveyance to a psychiatric unit for admission as an involuntary patient.

(2) A person in charge of a place referred to in subsection (1) shall have, in addition to the powers conferred upon him or her by

an Act respecting that place, the powers and duties of an attending physician or his or her designate as set out in

section 11 of the Act respecting the custody and control of the person who is held in that place.

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Reasonable limits on use of telephone

Where subsections 11(4) and 12(2) of the Act refer to reasonable limits on the use of the telephone, those reasonable limits shall be determined by considering:

(a)

, in the opinion of the attending physician or his or her designate, the use or continued use of the telephone would be detrimental to the evaluation or treatment of the person's mental disorder ;

(

b) continued use of the telephone would cause an unreasonable disturbance to other detained persons or patients;

(

c) continued use of the telephone prevents other detained persons or patients from using the phone after a reasonable period of time; or

(

d) those

other circumstances which would require reasonable limits on telephone use by a detained person or patient.

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Appeal procedure

For the purpose of subsection 73(2) of the Act, t he practice and procedure under the Rules of the Supreme Court, 1986

relating to appeals apply to an appeal from a decision of the review board.

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Schedule

( a

Baie

Verte

Peninsula

Health Centre, Baie

Verte

(

b) Brookfield

Bonnews

Health Care Centre, New-Wes-Valley

(

c) Burin

Peninsula

Health Care Centre, Burin

(

d) Calder Health Centre, Burgeo

(

e) Captain

William

Jackman

Memorial

Hospital

Labrador

City

(

f) Carbonear

General

Hospital

, Carbonear

(

g) The

Charles

Curtis

Memorial

Hospital

St.

Anthony

(

h) Connaigre

Peninsula

Health Centre, Harbour Breton

( i

Dr. Charles L. LeGrow

Health Centre, Port aux Basques

(

j) Dr.G.B

Cross

Memorial

Hospital

, Clarenville

(

k) Fogo

Island

Health

Center

Fogo

Island

(

l) Green Bay

Health Centre,

Springdale

(

m) James Paton Memorial Health Centre,

Gander

(

n) Labrador

South Health Centre, Forteau

(

o) Labrador

Health Centre, Happy

Valley-Goose

Bay

(

p) Nain Nursing Station, Nain

(

q) Natuashish

Commuity

Clinic, Natuashish

(

r) Notre Dame Bay Memorial Health Centre, Twillingate

(

s) North Haven

Manor, Lewisporte

(

t) Rufus Guinchard

Health Centre, Port Saunders

(

u) Sir

Thomas

Roddick

Hospital

, Stephenville

Earl G. Tucker, Queen's Printer