Legislation & Mental Health Act

Question 1

what is the purpose of the health professions act

Answer 1

• umbrella legislation that provides regulatory framework for health professions in BC
• gives BCCNM its “powers”

Question 2

what is FOIPPA/FIPPA and what does it do

Answer 2

freedom of information and protection of privacy act

• dictates how public bodies collect, store, and SHARE information
• confidentiality

Question 3

what information can we share and with whom

Answer 3

• consistent purpose = continuity of care = we can share info with others if info is being shared for the same reason it was collected
• there is a difference between having the right to share info and having the right to access info

Question 4

FIPPA exceptions

Answer 4

• disclosure harmful to individual or public safety
• disclosure harmful to personal privacy

Question 5

FIPPA public interest

Answer 5

• information must be disclosed if in the public interest e.g., risk of significant harm to environment or safety of public

Question 6

what is the e-health act

Answer 6

• protects privacy of electronic health records

Question 7

advantages of e-records

Answer 7

• limits access to info
• reduces likelihood of errors caused by misinterpretation of writing
• more efficient
• promotes more effective communication between hc agencies

Question 8

definition of privacy

Answer 8

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

Question 9

definition of confidentiality

Answer 9

means ensuring that personal and health info belonging to another individual is kept private, safe from access, use or disclosure to ppl who aren’t authorized to have access

Question 10

why do we have a mental health act

Answer 10

rights and responsibilities

Question 11

BC MHA: MH care provision

Answer 11

• voluntary hospitalization S. 20
• involuntary hospitalization S. 22
• police S. 28
  judicial warrant S. 28

Question 12

describe section 20 (Voluntary)

Answer 12

• voluntary seeking admission to designated facility for treatment of MI
• seek admission with Form 1(request for admission)
• physician and director must agree to admission and sign Form 2(consent for treatment)
• voluntary patients may discharge themselves at any time - just like non-psychiatric pt admitted to hospital under the hospital act

Question 13

3 methods of involuntary admission

Answer 13

1. medical certificate (S.22 Form 4)
2. Police intervention (S. 28 (1))
3. Judge’s order (S. 28 (3) Forms 9&10)

Question 14

one medical certificate (form 4) does what

Answer 14

• provides authority for anyone to take individual to a designated facility
• detains individual involuntarily admitted for 48 hours
• a 2nd form must be completed within 48hrs to further their involuntary admission or patient is discharged or admitted as voluntary

Question 15

a 2nd medical certificate (form 4) does what

Answer 15

• further involuntary admission
• valid for one month from the day of the admission of initial admission

Question 16

form 4 criteria

Answer 16

physician must examine pt and pt must meet ALL four criteria:

1. suffering from MI that seriously impairs persons ability to react appropriately to their environment or associate with others
2. requires psychiatric treatment in or thru designated facility
3. requires care, supervision, and control in or thru designated facility to prevent mental or physical deterioration or for the persons own protection or protection of others
4. is not suitable as a voluntary patient

Question 17

police intervention S.28 (1)

Answer 17

• gives police authority to apprehend and take person for examination
• not an arrest
• criteria used by police different from physicians
• police must use judgement whether person has MI and likely to endanger self or others
• “safety” element is higher standard to meet then criteria of physicians

Question 18

order by judge S.28 (3)

Answer 18

• application to judge or justice of the peace to have person apprehended for assessment by a physician
• form 9 = application for warrant
• judge may issue warrant if they’re satisfied person meets criteria, gives police permission to apprehend person

Question 19

what is form 9

Answer 19

application for warrant
apprehension of person with apparent mental disorder for purpose of examination - completed by friend/family member or other individual and submitted to judge

Question 20

what is the only way to admit a person involuntarily

Answer 20

medical certificate thru a physician

Question 21

what is extended leave

Answer 21

certified in the community so that if the community mental health worker deems the person unsafe in the community, they can be admitted back into the hospital

Question 22

few patient rights under mha

Answer 22

form 13
8 rights e.g., knowing name & location of facility, know reason why they’re there, contact lawyer, etc.