BC Legislation and MHA W14

Question 1

What is the health professions act ?

Answer 1

It is umbrella legislation that provides a common regulatory framework for health professions in BC

Question 2

What are some of the relevant legislations that applies to RPNs practice?

Answer 2

• access to information act (federal)
• e-health act (provincial)
• freedom of information and protection of privacy act (provincial)
• personal information protection act (provincial)
• personal information protection and electronic documents act (federal)
• privacy act (provincial)
• mental health act (provincial)

Question 3

FIPPA:

Answer 3

The purposes of this act are to make public bodies more accountable to the public and to protect personal privacy

Question 4

When can information be shared with others?

Answer 4

For the continuity of care*
Consider the implications for sharing information with family

Question 5

What are exceptions to FIPPA?

Answer 5

19. Disclosure harmful to individuals or public safety
20. Disclosure harmful to personal privacy
21. Information must be disclosed if in the public interest

Question 6

What is the e-health act (personal health information access and protection of privacy act)?

Answer 6

This attempts to balance the goal of giving citizens access to their health records and medical information, while protecting privacy, through electronic health records
“Access to patient information will be restricted to only those having a legal right and clear need to access the information or to access the systems where the information resides”

Question 7

What are advantages of e-records?

Answer 7

• security of information
• reduces the likelihood of errors caused by misinterpretation of written material
• better for the environment

Question 8

What is privacy ?

Answer 8

It is the right of individuals to determine for themselves, when, how and to what extent information about themselves is communicated to others

Question 9

What is confidentiality?

Answer 9

It means ensuring that the personal and health information belonging to another individual is kept private, safe from access, or use by or disclosure to people who are not authorized to have the information

Question 10

What is the purpose of the BC Mental Health Act?

Answer 10

Rights and responsibilities

Question 11

What are the main BC MHA MH care provisions ?

Answer 11

• Voluntary hospitalization = section 20
• Involuntary hospitalization = section 22
• Police intervention = section 28
• Judicial warrant = section 28

Question 12

What is section 20 ?

Answer 12

It is where an adult may voluntarily seek admission to a designated facility for the treatment of a mental disorder under either the Hospital Act or the MHA
It requires a form 1 (admission) and form 2 (consent)
This patient can discharge themselves at any time

Question 13

What is a designated facility?

Answer 13

It is a place that accepts involuntary psychiatric patients

Question 14

What are the three methods of involuntary admission ?

Answer 14

1. Medical certificate (section 22; form 4)
2. Police intervention (section 28(I))
3. Judge’s order (section 28 (3); forms 9 & 10)

Question 15

Medical certificate - Section 22

Answer 15

• one medical certificate (form 4) detains an individual for 48 hours
• a second form 4 certificate must be completed by a different physician within 48 hours of admission to further their involuntary admission
• a second form 4 certificate is valid for up to one month from the day of initial admission

Question 16

Police intervention - Section 28(I)

Answer 16

• this gives the police the authority to apprehend a person and take them to a physician for examination
• this does not mean the individual is “arrested”
• the criteria used by police officers are different from physicians (Section 22)

Question 17

Order by a judge - Section 28(3)

Answer 17

• anyone who has reason to believe a person has a mental disorder and meets criteria for involuntary admission according to Section 22 can apply to a provincial court judge or justice of the peace to have a person apprehended for assessment by a physician
• Form 9 is the application for warrant that is completed by a friend/family member or other individual and submitted to the judge
  *If the judge is satisfied the conditions are met, the judge may issue a warrant under Section 28(4) - form 10, giving police the authority to apprehend him or her

Question 18

What are some of the patients rights under the MHA: Form 13?

Answer 18

1. to know the name and location of the facility
2. to know the reason why you are there
3. to contact a lawyer
4. to request a second medical opinion on the appropriateness of your medical treatment