CT TH A AL HEAL MENT - British Columbia

1 Guide to the mental health ACT. 2005 Edition April 4, 2005. Obtaining Copies of the mental health Act, Regulation and Forms This document, including the forms, may be photocopied. Blank photocopied mental health Act forms are legally valid. Copies of the mental health Act and the mental health Regulation may be purchased from Crown Publications Inc., 521. Fort Street, Victoria, BC, V8W 1E7, phone: (250) 386-4636, fax: (250) 386-0221 or visit the government publications website at: Copies of the forms used under the mental health Act may be ordered, without charge, from the Government Publications Centre, Box 9452, STN PROV. GOVT, Victoria, BC, V8W 9V7, phone: (250) 387-6409 or 1 800-663-6105, fax: (250). 387-0388. Guide Website The Guide to the mental health Act will be available on the internet at: Disclaimer This Guide should not be regarded as a substitute for the mental health Act or a lawyer's advice.

2 Library and Archives Canada Cataloguing in Publication Data Main entry under title: Guide to the mental health Act. 2005 ed. -- Previously issued in 1999 by Ministry of health and Ministry Responsible for Seniors. Available also on the Internet. ISBN 0-7726-5410-7. 1. British Columbia . mental health Act. 2. Mentally ill - Care - British Columbia . 3. mental health laws - British Columbia . 4. Insanity Jurisprudence British Columbia . I. British Columbia . Ministry of health . 2005 '044 C2005-960175-2. Guide to the mental health Act i Guide to the mental health Act ii Guide to the mental health Act iii Guide to the mental health Act Foreword The Guide to the mental health Act provides information about British Columbia 's mental health Act (the Act). The mental health Act has signi cant implications for those whose lives it touches those who receive involuntary treatment under the Act, their families, the public and those who use the Act.

3 The Guide has two purposes: making the Act more understandable; and promoting consistency in interpreting the Act so people who need involuntary psychiatric treatment receive help in a responsible and lawful manner. The Guide was developed in consultation with individuals, families, police, physicians, other health care professionals and advocacy and service organizations. It was rst published in April 1997. A revised version was published in November 1999 to incorporate signi cant amendments which were made in the Act at that time. The third and current edition was developed to include some legislative changes, to provide more information on the application of the Act in communities through its extended leave provisions, and to provide greater clarity and plain language descriptions on a number of key sections of the Act, which were identi ed by service providers and stakeholders during extensive consultations on the Guide.

4 Key changes and new features are highlighted in the table on the following page. The legal content has been approved by: Gerrit W. Clements, Special health Law Consultant, Legislation and Professional Regulation Branch, Ministry of health . Comments on this publication are invited and can be forwarded in writing to: mental health and Addiction Services Ministry of health 6-1, 1515 Blanshard Street Victoria, BC V8W 3C8. Fax: (250) 952-1689. Questions regarding legal content of this publication can be directed in writing to: Gerrit W. Clements Special health Law Consultant Ministry of health 5-2, 1515 Blanshard Street Victoria, BC V8W 3C8. Fax: (250) 952-2205. iv Guide to the mental health Act Guide to the mental health Act (2005 Edition): Key Changes & New Features Patient Rights and Noti cation to Patients of Their Rights Under the mental health Act: Forms 13 and 14 in the Regulation to the Act have been rewritten as plain language, consumer friendly documents to facilitate explaining to patients their rights under the Act.

5 (See appendix 16). Co-location of mental health Act Forms: All of the 21 forms in the Regulation, which previously were distributed throughout the Guide, have been brought together in one appendix to facilitate their location and copying. ( appendix 16). Suggested Additional Forms: Seven additional, optional forms may be used to assist with a wide range of functions under the Act and they have been brought together as well in one location. (see appendix 17) Two of these forms are new. They are triage guides to assist Police in determining when they should apprehend patients under the Act and in providing reports to Emergency room sta . Extended Leave These new sections were developed to clarify the critical steps and procedures that apply when patients are released from hospital on extended leave; which mental health Act forms and procedures should be used to ensure that transfers of responsibility for patients are completed appropriately; and how the forms apply when used in the community.

6 (See Section 6 and appendix 6). Police Intervention In response to questions regarding the role of the Police, sections in the Guide concerning Police authority have been rewritten to clarify the authority for them to act both under common law and under the Act. (See Section Method 2 and appendix 5). Review Panel Procedures Consistent with changes in the Regulation regarding the composition and operation of Review Panels, the corresponding sections in the Guide have been rewritten to describe the new procedures. (See Section and appendix 7). Guidelines for Physicians / Renewal of Involuntary Status The renewal certi cate (Form 6) provides authority to continue the patient's involuntary status beyond one month. New sections containing clari cation of procedures and instructions that are linked directly to the form were prepared to facilitate the accurate completion of these key certi cates.

7 (See Section and appendix 4, section ). Hospitals and mental health Facilities The lists of designated facilities have been updated and all the names and locations are provided. (See appendix 1). New Questions and Answers have been added with information explaining the di erences between designated and non-designated facilities. (See Section ). Plain Language & User Friendly Information Throughout the new Guide, in response to recommendations from key informants, language has been simpli ed and clari ed to assist all users in understanding and using the Act, including the addition of a new Glossary, which references some of the key technical language in the Act. (See appendix 18.). v Guide to the mental health Act Guide Format The main body of the Guide provides a general overview of the mental health Act and its application.

8 The Appendices provide greater detail on various key provisions of the Act to meet the needs of health practitioners and others involved in the application of the Act. The structure of the Guide re ects the most important provisions of the Act. This Guide is divided into the following sections: 1) Introduction 2) Designated Facilities 3) Admission 4) Treatment 5) Renewal of Involuntary Status 6) Leave 7) Rights 8) Transfers 9) Discharge 10) Unauthorized Absence 11) Appendices (1-18). Questions and Answers A series of questions and answers are placed in various sections of this document. These questions and answers are intended to address important issues which may not be repeated elsewhere, hence, the questions and answers should be considered part of the text rather than supplementary detail.

9 Limits of Guide The Guide is limited to the content of mental health Act and mental health Regulation. Beyond the scope of the Act and Regulation, there are important issues which need to be addressed such as the challenges presented by psychiatric emergencies in rural or remote areas (see Guide section ). Policies and procedures may be developed at the regional or local level to meet such needs but must be consistent with the Act. vi Guide to the mental health Act Forms All of the forms under the mental health Act are included in appendix 16. Note that there have been changes to Forms 7, 13 and 14 and that the revised forms are in appendix 16. Additional forms are provided in appendix 17 as examples of forms that have proven useful in some communities. These forms are not required under the mental health Act but are proposed for consideration.

10 Terminology The Guide uses some of the terminology of the Act because some of these terms have a speci c legal meaning or de nition under the Act. For example, mental Disorder is speci cally de ned in Section 1 of the Act and for this reason is not interchangeable with mental illness. Nevertheless, an e ort has been made in the Guide to use more modern language. A Glossary of some of the terms used in the Act is provided in appendix 18. References References to the Act pertain to British Columbia 's mental health Act (Chapter 288 of the Revised Statutes of British Columbia , 1996) as amended by the mental health Amendment Act, 1998 (Chapter 38, often referred to as Bill 22). and consequential amendments resulting from the Administrative Tribunals Act (Statutes of British Columbia , 2004, Chapter 45).