If, at any time during the second period, the responsible clinician considers that a patient who is an inpatient is fit to be granted leave of absence from the hospital, the clinician may grant the patient leave on such terms and conditions as the clinician thinks fit. Every review under this section of a patient’s condition shall, wherever practicable, having regard to the time in which that review is required to be conducted, and to the availability of Judges and other personnel and resources, be conducted by a Family Court Judge. The Mental Health Act sets out the powers and obligations of psychiatric facilities in Ontario. Mental Health Act (2007) forms; Mental Health Act 2007 G uide Book Amendments to the Mental Health Act 2007. Section 127(4): amended, on 1 April 2000, by section 70(1)(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The term of a sentence applicable to a person immediately before his or her admission to hospital—, continues to run while the person is in a hospital or is on leave; and, ceases to run if, before the person’s liability to detention under the sentence ceases,—, he or she fails to return on the expiry or cancellation of leave; and. If the responsible clinician considers that there remain reasonable grounds for believing that the patient is mentally disordered and that it is desirable that the patient be required to undergo further assessment and treatment, that clinician shall deal with the case in accordance with the succeeding provisions of this section and section 13. Where a complaint is made by or on behalf of a patient that any right conferred on the patient by this Part has been denied or breached in some way, the matter shall be referred to a district inspector or an official visitor for investigation. OMH forms available for download are listed below.. the Judge may direct that the case be referred to the Director for consideration. Section 45(4): amended, on 1 April 2000, by section 32(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). if that is not practicable, in a hospital within 72 hours after the receipt of the application: where the assessment examination is to be conducted in a hospital, the detained person may be removed by or under the direction of the superintendent or manager of the institution to the hospital for the purposes of the assessment examination, and may in like manner be taken back to the institution: where the detained person is removed under paragraph (b) from a prison,—, that person shall not be detained in the hospital overnight, except in accordance with a notice of a kind referred to in paragraph (d); and. Section 97A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). On any such appeal, the court shall review the patient’s condition to determine whether or not the patient is fit to be released from compulsory status; and the provisions of section 16 shall apply, with any necessary modifications, to every such appeal. The fact that the Deputy Director exercises or performs any of the Director’s powers, duties, and functions shall be conclusive evidence of the Deputy Director’s authority to do so, and no person shall be concerned to inquire whether the occasion has arisen requiring or authorising the Deputy Director to do so. A medical practitioner acting under this section must make every reasonable effort to get the advice and assistance of a duly authorised officer. The delegate may exercise the powers, duties, and functions in the same manner and with the same effect as if they had been conferred on the delegate directly by this Act. the time it takes to conduct whichever of the following the proposed patient or patient was refusing to attend for: a review to which a notice given under section 76(1A) relates; or. directing the patient to attend at the patient’s place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment during the remainder of the second period. Section 137A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). Section 39(2): replaced, on 1 April 2000, by section 28 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Detention under subsection (2) may last for no longer than the following times: for the purposes of section 110(1)(a), 6 hours or the time it takes to conduct the medical examination, whichever is shorter: for the purposes of section 110A(2), 6 hours or the time it takes to administer the sedative drug, whichever is shorter: for the purposes of section 110B(2), 6 hours or the time it takes to conduct the assessment examination, whichever is shorter. Section 2(1) nurse practitioner: inserted, on 31 January 2018, by section 4(1) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). Section 134A: inserted, on 16 May 2020, by section 3 of the COVID-19 Response (Further Management Measures) Legislation Act 2020 (2020 No 13). is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing and whose scope of practice includes the assessment of a person’s mental capacity; and. Section 6: replaced, on 1 April 2000, by section 6 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 41(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). The remuneration referred to in subsection (2) is met from any appropriation by Parliament for the purpose. Any person referred to in section 19(6) shall be entitled to be heard by the court, whether in person or through a barrister or a solicitor, and to call witnesses, and to cross-examine any witness called by any other party to the proceedings. Without limiting anything in subsection (1), the Review Tribunal shall review the patient’s condition on the application of the Director pursuant to subsection (5)(b) of section 78 or of the Minister of Health pursuant to subsection (6)(b)(ii) of that section. Section 25: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49). Every year, the PPAO provides rights advice to some 25,000 persons who are placed on involuntary admission to hospital or declared incapable of consenting to their care. Subsection (3A) applies if the medical practitioner, having examined the person, considers that—, there are reasonable grounds for believing that the person may be suffering from a mental disorder; and. Form 1: Criteria for Application for Psychiatric Assessment 3-6 4. Where the responsible clinician withholds any letter or other postal article pursuant to section 124, it shall either be—. The Director of Area Mental Health Services shall comply with any direction given under subsection (1) at the time or within the period stated in the direction or, if no such time or period is so stated, as soon as practicable. No person shall publish any report of proceedings before a Review Tribunal except with the leave of the Tribunal. If the Judge is satisfied that the patient is fit to be released from compulsory status, the Judge shall order that the patient be released from that compulsory status forthwith. Anyone who believes that a person may be suffering from a mental disorder may at any time fill out an application form asking the Director of Area Mental Health Services for an assessment of the person. Section 38: replaced, on 1 April 2000, by section 27 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). The district inspector who receives a copy of the certificate of further assessment shall, subject to subsection (11), after talking to the patient and ascertaining the patient’s wishes in the matter (where that can be done), consider whether or not an application should be made to have the patient’s condition reviewed under section 16. A document posted under subsection (3)(b) is deemed to have been delivered to the person at the time it would have been delivered in the ordinary course of post. A Tribunal that requests a person to prepare a report must make 1 of the orders described in subclause (8). that in his or her opinion the patient is not fit to be released from compulsory status and should continue to be declared to be a restricted patient. 6 NO. Coming into force. Every person commits an offence and is liable on conviction to a fine not exceeding $2,000 who, being the Director of Area Mental Health Services in respect of any hospital or service that is being visited by a district inspector or an official visitor, or a responsible clinician, or an employee in any such hospital or service,—, conceals or attempts to conceal from the district inspector or official visitor, or refuses or wilfully neglects to show to the district inspector or official visitor, any part of the hospital or service or any person detained or being treated in it; or. Section 79(2)(b): repealed, on 1 April 2000, by section 43(a) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). must, if that constable is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a constable. Section 2(1) proposed patient: inserted, on 1 April 2000, by section 2(3) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). This section applies to every person who, immediately before the commencement of this Act, was a committed patient and was on leave from a hospital under section 66 of the Mental Health Act 1969. Section 42: replaced, on 1 April 2000, by section 31 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Despite anything in subsection (5), if a patient or special patient is subject to a compulsory treatment order that was made following an application under section 136(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, he or she must be dealt with in accordance with section 47A. Section 122A: inserted, on 1 April 2000, by section 68 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). better manage the risk of special patients and restricted patients breaching section 52A. Subject to section 34, every compulsory treatment order shall continue in force for a period of 6 months commencing with the day on which it is made, and shall then expire. Subject to subsection (6), every direction for the transfer of a patient under this section shall be complied with as soon as practicable after the date of the direction, and in all cases within 14 days after that date. all letters and other postal packets withheld by the responsible clinician pursuant to section 123 or section 124. The Director of Area Mental Health Services must ensure that the person in charge of a hospital sends a notice to the Director of any of the events described in subsection (2) that concerns a special or restricted patient admitted to the hospital. Section 109 heading: replaced, on 1 April 2000, by section 59 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). This subsection and subsections (2) to (4) apply to—. The Tribunal may call the person making the report as a witness, either on its own initiative or on the application of any party to the proceedings. If it appears to the chief executive of the Department of Corrections that any person who is detained in a prison or in a residence established under section 114 of the Public Safety (Public Protection Orders) Act 2014, whether or not that person is mentally disordered, would benefit from psychiatric care and treatment available in a hospital but not available in the institution in which the person is detained, the chief executive of the Department of Corrections may, with the consent of that person, make arrangements with the Director for the person to be admitted to and detained in that hospital, and, subject to section 50, the person shall be so detained accordingly. Section 76(1): amended, on 1 September 2004, by section 51 of the Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115). 0000001385 00000 n The Director-General of Health or the Director may specify a form to be used for any information required by or under this Act to be given or sent to the Director-General of Health or the Director, if there is no prescribed form. Nothing in this Act limits the operation of Part 2 of the Crimes of Torture Act 1989. it is desirable for the person to have an assessment examination urgently in the person’s own interests or the interests of any other person. The Director may at any time amend or revoke any such delegation, and no such delegation shall prevent the exercise or performance of any power, duty, or function by the Director. Section 46: amended, on 12 December 2014, by section 144 of the Public Safety (Public Protection Orders) Act 2014 (2014 No 68). Section 117: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 41(7): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). directing the patient to attend at the patient’s place of residence, or at some other place nominated in the notice, for the purposes of assessment and treatment during the remainder of the first period. A copy of any report obtained under this section shall be given by the convener of the Tribunal to the barrister or solicitor for the patient and for each of the other parties to the proceedings or, if any party is not represented by a barrister or solicitor, to that party. Section 2(1) biometric information: inserted, on 22 August 2017, by section 43 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42). Website: The Director of Mental Health may delegate his or her function under subsection (3)(b) to the Director of Area Mental Health Services. If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,—, take that person to a Police station, hospital, or surgery, or to some other appropriate place; and. Section 8B(3): amended, on 31 January 2018, by section 7(2) of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 2016 (2016 No 79). that in his or her opinion the patient is not fit to be released from that status. In section 9(1) and (3), “health practitioner” is modified to “mental health practitioner”. Any such patient who is not retaken within the period of 3 months specified in subsection (1) shall be deemed to have been released from compulsory status on the expiration of that period. On the transfer of the patient, the court order and the application and certificates on which the order was made, or any other instrument of authority under which the special patient was admitted or detained, shall be delivered to the Director of Area Mental Health Services responsible for the hospital to which the patient is transferred (if they are not already in that Director’s possession), together with the clinical records relating to the patient. Where leave is cancelled, the patient may be taken to the hospital, or to any other hospital, by any duly authorised officer acting under the authority of the Director of Area Mental Health Services, or by any person to whom the charge of the patient has been entrusted during the period of leave. The deputy of each member who is a barrister or solicitor shall also be a barrister or solicitor, and the deputy of each member who is a psychiatrist shall also be a psychiatrist. Section 122(4): repealed, on 1 April 2000, by section 67 of the Mental Health (Compulsory Assessment and Treatment) Amendment Act 1999 (1999 No 140). Section 99: replaced, on 1 July 1993, by section 32 of the Health Sector (Transfers) Act 1993 (1993 No 23). decide, on reasonable grounds, whether or not the person needs to have a medical examination urgently in the person’s own interests or the interests of any other person. Except as expressly provided in this Act, nothing in this Act shall limit or affect in any way the provisions of any other Act. A special patient may not leave the hospital in which the special patient is detained unless—, granted leave of absence by the Minister under section 50; or. If the Director of Area Mental Health Services considers—, that any patient who is subject to an inpatient order presents special difficulties because of the danger he or she poses to others; and. Section 2(1) service paragraph (a): replaced, on 1 January 2001, by section 111(1) of the New Zealand Public Health and Disability Act 2000 (2000 No 91). each of the persons specified in section 76(7)(b). appoint a Director of Area Mental Health Services to replace a previously appointed Director of Area Mental Health Services from time to time. Any such document must be dealt with by the method in subsection (3) that, in the opinion of the person giving or sending the document, is most likely to ensure that the document reaches the person for whom it is intended. On the removal of the patient under subsection (4) to a facility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003,—, the patient must be regarded as having been released from assessment and treatment as a patient under this Act; and, if the patient is a special patient, he or she must be held as a special care recipient under that Act until the status of the person is changed in accordance with that Act or the Criminal Procedure (Mentally Impaired Persons) Act 2003; and, if the patient is a special patient who is, or is deemed to be, subject to an order under section 24(2)(a) of the Criminal Procedure (Mentally Impaired Persons) Act 2003, the order is deemed to have been made under section 24(2)(b) of that Act; and, if the patient is subject to a compulsory treatment order, that order becomes a compulsory care order (within the meaning of that Act) that is deemed to have been made on the date of the removal for a term of 6 months; and. 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