Bill 82 (Legislature 12, Session 1)

L12 S1 6750

Alberta — Bills

Bill No. 8t ot 1963 A BILL TO AMEND THE MENTAL DISEASES ACT NOTE This Bill amends The Mental Di3eMeB Act, being

chapter 192 of the Revised Statutes of Alberta,

Section 2 is amended. "Hospital" is redefined. "Psychiat ric ward" is redefined to mean a part of a hospital declared by the Lieutenant Governor in Council to be a psychiatric ward. "Superintendent" is redefined to mean the superin tendent of the mental hospital, where such is concerned, or the superintendent of the hospital in which there is estab lished· a psychiatric ward, where such wards are concerned. Pa·rt II is amended by striking out sections 35 to 44 and substituting therefor new sections.

Section 35 permits the Lieutenant Governor in Council to declare a part of an approved hospital to be a psychiatric ward.

Section 36 sets out the duties of the superintendent with resp~t to a psychiatric ward.

Section 37 provides that no one is to be admitted to or hospitalized in a psychiatric ward otherwise than in accord ance with

Part II.

Section 38 provides that upon the application of a medical doctor, consented to by the superintendent, a person who has signed an application or for whom an application has been signed by the spouse, relative or guardian, may be admitted to a psychiatric ward if no coercion is necessary to have him so admitted. S~tion 39 prohibits the admission of certain mental and other cases such as alcoholics, drug addicts, persons suffer ing from senility, or a communicable disease, mental hos pital patients and certain persons out of penal institutions.

Section 40 permits the superintendent to refuse admission to prevent overcrowding in the ward.

Section 41, subsection (1) provides when a patient shall be discharged from a psychiatric ward. Subsection (2) provides that no patient shall be kept in a psychiatric ward for a longer ·perlod than three months in a twelve month period.

Section 42 authorizes su.ch restraint of the patient as may be necessary for his treatment.

Section 43 provides for the discharge of a patient.

. ; ; ~ .-ii

Section 44 authorizes the Lieutenant Governor in Council to make necessary regulations to implement the intent of

Part ll. · · · · This Bill comes into force on the 1st day of June, 1953. J. W.RYAN, Acting Legislative Counsel. (This note does 11ot fo1'111 any pm·t of the Bill but is offered in explanation of its provisions .) ·

BILL No. 82 ·of 1953

An Act to amend The Mental Dis~ases Act '1959) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: l.. The Mental Diseases Act, being

chapter 192 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 2 is amended ~~~~~fu,J (

a) by striking out clause (

b) and by substituting the following: " (b) 'hospital' means "(

i) in

Part I any hospital designated as a mental diseases hospital by the Lieutenant Governor in Council, "(ii) in

Part II any othet: hospital of which a part has been declared a psychiatric ward;"; · (

b) by striki~g out clause (

f) and by substituting the following: "hospital" "(f) 'psychiatic ward' means the part of any hospital ~fcsy~vh~~J~. declared to be a psychiatric ward by the Lieu- tenant Governor in Council;"; (

c) by striking out clause (

g) and by substituting the following: "(g) 'superintendent' means ~·~~~S:.~~r;:- " (

i) in

Part I, th~ superintendent of any hos ;pitar designated as a mental disease hospital by the Lieutenant Governor in Council, "(ii) in

Part II, the superinntendent of a hos pital of which a part has been declared a psychiatic ward;". 3. The heading "Psychopathic Wards" immediately pre- Heading ceding

section 35 is struck OUt and the heading "Psychiatric amenrlP<I Wards" is substituted. 4. Sections 35 "to 44' inclusive are struck out and the sec.ttons 35 to 44 amended following are substituted ·: · "3G. The Lieutenant Governor in , Council may declare a :;~Y~?~~~ part of any hospital in J;"ecejpt of any allowance under sec- tion 3 of The Hospitals Act to be a psychiatric ward.

Supervision ot psychi atric ward Admission tu peychlat- •·lc w ard Treatment Per&ons not eligible for n.dmiBBion Refusal ot admission Discharge 2 "36. The superintendent "(

a) shall supervise the psychiatric ward, " (

b) may investigate the management and conduct of the psychiatic ward and any ~currence therein, and for the pu·rpose of an investigation may make such inquiries as he considers necessary. "3'7. No person shall be admitted as a patient or hospital ized in a psychiatric ward otherwise than pursuant to the provisions of this Part. "38. Upon the request of a qualified medical practitioner and with the consent of the superintendent and subject to

section 39, a person who is or who is believed to be suffering from mental illness may be admitted to the psychiatric ward for treatment if "(

a) a voluntary application in writing is signed by the ,person or by the spouse, relative or guardian of the person, and " (

b) the person can be conveyed to the psychiatric ward without resort to any methods of deception, re straint or violence. "39. No person shall be admitted for treatment to a psychiatric ward who is "(

a) mentally defective or suffering from the effects of chronic epilepsy, " (

b) an alcoholic habituate, " (

c) a drug habituate, " (

d) a person suffering from mental infirmities due to old age or from incu·rable disease for which general hospital or other institutiond care is· required, " (

e) a person suffering from tuberculosis or other com municable disease, " (

f) a person who has .been admitted to and discharged on probation from a mental hospital and whose term of probation has not expired, " (

g) a person on remand from any court, "(h.) a. person ~mitted to a gaol or other penal in stitution and who has been· given a ticket of leave, paroled or granted a permit to work outside the limits of such gaol or penai institute, and whose term of imprisonment has not expired. "40. The superintendent may refuse admission to any person for treatment in a psychiatric ward when in hia opinion there is not sufllcient accommodation in the psychiatric ward. · "41.

(1) A person who has been hospitalized in a psychiatric ward shall be forthwith discharged as soon as such person is, in the opinion of the superintendent. men tally recovered and fit to be discha ·rged, or whose discharge has been request~. in writins by the attending physician.

3 "

(2) Notwithstanding subsection (1), no person shall be hospitalized in a psychiatric · ward for a longer time than three months in any twelve-month period. "42. A person admitted for treatment to a psychiatric control d' ward pursuant to

section 38 may be restrained by the r:r::~3 e officers of the hospital and other persons in charge of the ward while he is hospitalized in the psychiatric ward. "43.

Where the superintendent is satisfied that the N~tl~e to mental condition of a patient is such that further detention ~:~~;:f ··e in a psychiatric ward is not likely to prove beneficial, or is not for any other reason advisable, upon giving ten days' notice in writing to the patient or the relatives of the patient for arrangements to be made for the removal of the patient, the superintendent may discharge the patient from the psychiatric ward and require his removal therefrom. "44.

The Lieutenant Governor in Council may make such Regulations regulations as may be necessary to carry out the intent of this Part.". 5. This Act comes into force on the first day of June, corning tntl• 1963. force /

Title: 1953 (12th, 1st) Bill 82,

An Act to amend The Mental Diseases Act No. 82 FIRST SESSION TWElFI1I LEGISLA"'URE 2 ELIZABETH II 1953 BILL

An Act to amend The Mental Diseases Act Received and read the First time ........................................ .. Second time ....................................... . Third time ......................................... . HON. DR. CROSS Title: 1953 (12th, 1st) Bill 82,

An Act to amend The Mental Diseases Act

Document details

Collection	Alberta — Bills
Citation	L12 S1 6750
Type	bill
Volume / chapter	L12 S1 6750
Language	en
Format	json
Source	PROVINCIAL
Identifier	eb8fc6344104b6aee11f8b9398deb08176804e2d

Source file is stored in the law ingest library (json).