Mental Health Amendment Act, 1998 Patten, Richard — Bill 78 (36th Parliament, 2nd Session)

Bill 78, 36-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 78, Mental Health Amendment Act, 1998

Patten, Richard

Please select

View bill

Status

Original

[36] Bill 78 Original (PDF)

B078_E

Bill 78 1998

An Act to amend the Mental Health Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. (1) Clause 15 (1) (

f) of the Mental Health Act is

amended by striking out "imminent and" at the beginning.

(2) Section 15 of the Act is amended by adding the following

subsection:

Same

(1.1) A physician who has examined a person may make application in the

prescribed form for a psychiatric assessment of the person if,

(

a) the physician has reasonable cause to believe that the circumstances

described in clause (1) (a), (

b) or (

c) exist;

(

b) the person has previously received medical treatment for a mental

disorder and the person responded well to the treatment;

(

c) the physician is of the opinion that,

(

i) the person is suffering from the same mental disorder as the one for

which he or she previously received medical treatment or from a mental

disorder that is similar to the previous one, and

(ii) the person is likely to suffer serious deterioration if he or she

does not receive medical treatment; and

(

d) the physician believes, on reasonable grounds, that the person is

incapable, within the meaning of the Health Care Consent Act, 1996 ,

of consenting to his or her admission to a psychiatric facility and the

consent of his or her substitute decision-maker has been obtained.

2. Clause 16 (1) (

f) of the Act is amended by striking out

"imminent and" at the beginning.

3. Clause 17 (

f) of the Act is amended by striking out "imminent

and" at the beginning.

(1) Subclause 20 (1) (c) (iii) of the Act is amended by

striking out "imminent and" at the beginning.

(2) Section 20 of the Act is amended by adding the following

subsection:

Same, involuntary admission

(1.1) The attending physician, after observing and examining a person who

is the subject of an application for assessment under

section 15 or who is

the subject of an order under

section 32, shall admit the person as an

involuntary patient by completing and filing with the officer in charge a

certificate of involuntary admission if,

(

a) the person has previously received medical treatment for a mental

disorder and the person responded well to the treatment;

(

b) the attending physician is of the opinion that,

(

i) the person is suffering from the same mental disorder as the one for

which he or she previously received medical treatment or from a mental

disorder that is similar to the previous one,

(ii) the person is likely to suffer serious deterioration if he or she

does not receive medical treatment, and

(iii) a psychiatric facility is the best place for treatment given the

person's medical history and current medical condition; and

(

c) the person has been found incapable, within the meaning of the

Health Care Consent Act, 1996 , of consenting to his or her admission

to a psychiatric facility and the consent of his or her substitute

decision-maker has been obtained.

(3) Subclause 20 (5) (a) (iii) of the Act is amended by striking

out "imminent and" at the beginning.

5. The Act is amended by adding the following

sections:

Leave agreement

33.1

(1) To provide a patient with psychiatric treatment

that is less restrictive and less intrusive to the patient than being

detained in a psychiatric facility, a physician and either the patient or his

or her substitute decision-maker may, subject to subsection (2), enter into a

leave agreement according to which the patient is entitled to live outside

the facility subject to such terms or conditions as may be set out in the

agreement.

Criteria for entering into agreement

(2) A physician may enter into a leave agreement under this

section with a

patient or with his or her substitute decision-maker if,

(

a) during the previous two-year period, the patient,

(

i) has been a patient in a psychiatric facility on three or more separate

occasions, or

(ii) has entered into a previous leave agreement under this section;

(

b) the patient or his or her substitute decision-maker, the patient's

attending physician in the psychiatric facility and any other health

professional or person involved in the patient's care or treatment have

developed a treatment plan for the patient; and

(

c) within the 72-hour period before entering into the agreement, the

physician has examined the patient and is of the opinion, based on the

examination and any other relevant facts communicated to the physician,

that,

(

i) the patient is suffering from a mental disorder for which he or she

needs continuing treatment or care and continuing supervision while living in

the community,

(ii) if the patient does not receive continuing treatment or care and

continuing supervision while living in the community, he or she is likely,

because of the mental disorder, to cause serious bodily harm to himself or

herself or to another person or to suffer serious deterioration or physical

impairment,

(iii) the patient is able to comply with the treatment plan contained in

the leave agreement, and

(iv) the treatment or care and the supervision required under the terms of

the leave agreement are available in the community.

Content of agreement

(3) A leave agreement shall indicate,

(

a) the date of the examination referred to in clause (2) (c);

(

b) the facts on which the physician formed the opinion referred to in

clause (2) (c);

(

c) a description of the treatment plan referred to in clause (2) (b);

and

(

d) an undertaking by the patient to comply with his or her obligations as

set out in subsection (4) or an undertaking by the patient's substitute

decision-maker to ensure that the patient complies with those

obligations.

Patient's obligations

(4) If a patient or his or her substitute decision-maker enters into a

leave agreement under this section, the patient shall,

(

a) attend appointments with the attending physician, or with any other

health professional referred to in the agreement, at the times and places

scheduled from time to time; and

(

b) comply with the treatment plan described in the agreement.

Copy to patient and others

(5) If a leave agreement is made under this section, the physician who

enters into the agreement shall give a copy of it to,

(

a) the patient;

(

b) the patient's substitute decision-maker, where applicable;

(

c) the officer in charge; and

(

d) any other health professional involved in the treatment plan.

Termination of agreement

(6) A leave agreement is terminated six months after the day it is made,

subject to an earlier termination in accordance with

section 33.2.

Subsequent agreements

(7) Upon termination of a leave agreement, the parties may enter into a

subsequent leave agreement if the requirements of subsection (2) are met.

Early termination of leave agreement

33.2

(1) At the request of a patient who is subject to a

leave agreement, of his or her substitute decision-maker or of a person

involved in the patient's care or treatment, the attending physician shall

review the patient's condition to determine if the patient is able to

continue to live in the community without being subject to the leave

agreement.

Same

(2) If the attending physician determines, upon reviewing a patient's

condition, that the circumstances described in subclauses 33.1 (2) (c) (

i) and (ii) no longer exist,

(

a) the attending physician and the patient or his or her substitute

decision-maker shall terminate the leave agreement;

(

b) the attending physician shall notify the patient that he or she may

live in the community without being subject to the leave agreement; and

(

c) the attending physician shall inform the persons referred to in

clauses 33.1 (7) (b), (

c) and (

d) that the leave agreement is cancelled.

Breach of leave agreement

33.3

(1) Subject to subsection (2), a patient's attending

physician may file a notice of breach of the terms of a leave agreement with

the officer in charge if he or she believes on reasonable grounds that the

patient has failed to comply with his or her obligations under subsection

33.1 (4).

Condition for filing of notice

(2) A physician shall not file a notice under subsection (1) unless,

(

a) he or she is of the opinion that, because of the patient's mental

disorder, the patient is likely to cause serious bodily harm to himself or

herself or to another person or to suffer serious deterioration or physical

impairment; and

(

b) reasonable efforts have been made to,

(

i) locate the patient,

(ii) inform the patient of the failure or, if the patient is incapable

within the meaning of the Health Care Consent Act, 1996 , inform the

patient's substitute decision-maker of the failure,

(iii) inform the patient of the possibility that the attending physician

will file a notice of breach of a term of a leave agreement, which would

result in the patient's return to the psychiatric facility for assessment,

and

(iv) provide assistance to the patient to comply with the terms of the

leave agreement.

Return to facility

(3) A notice filed under subsection (1) is sufficient authority, for 30

days after it is filed, for a peace officer to take the patient named in it

into custody and then promptly to the psychiatric facility where the

physician who filed the notice attends.

Assessment on return

(4) Promptly on the patient's return to a psychiatric facility, the

attending physician shall examine the patient to determine whether,

(

a) the patient should be admitted to the facility in accordance with

section 20;

(

b) the patient, or his or her substitute decision-maker, and the

physician should enter into another leave agreement; or

(

c) the patient should be discharged from the facility.

6. Clause 39 (1) (

c) of the Act is amended by striking out

"imminent and" at the beginning.

Commencement

7. This Act comes into force on the day it receives Royal

Assent.

Short title

8. The

short title of this Act is the Mental Health Amendment

Act, 1998 .

EXPLANATORY NOTE

The purpose of the Bill is to facilitate the admission of a person to a

psychiatric facility where the person suffers from a mental disorder for

which he or she has been previously treated and that has responded well to

treatment in the past. A person who suffers from such a mental disorder may

be admitted to a psychiatric facility on an involuntary basis if his or her

substitute decision-maker consents to the admission. The Bill also provides

for patients to be allowed to live outside of the psychiatric facility under

a leave agreement. The bill outlines the circumstances under which a leave

agreement may be made and the consequences of breaching the terms of the

agreement.

Copyright © 1998

Office of the Legislative Assembly of Ontario

Toronto, Ontario, Canada.

Date Bill stage Activity Committee

November 26, 1998

Ordered referred to Standing Committee

Standing Committee on Social Development

November 26, 1998

Second Reading

Carried on division

November 4, 1998

First Reading

Carried

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 78, 36-2
Type	bill
Volume / chapter	p36 s2 bill 78 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fb4c35d7e359c2c08f05b17aa06725114bcc512a

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