Manitoba’s Mental Health Act Flashcards
Who is not covered under the MMHA
Persons experiencing:
- Intellectual disability
- Substance abuse & dependence
- Neurocognitive disorders
- Personality disorders
Unless the person also has a mental disorder or has been assessed as a imminent risk to self or others
Vulnerable Person’s Act
Persons experiencing intellectual disability
Persons living in a personal care home or other care faculty
3 types of competency under the MMHA
- Competence to consent to or refuse admission
- Competence to consent to or refuse treatment
- Levels of competence to manage own affairs
Form 1
Application for an Order of Involuntary Medical Examination
4 things that need to be in place for form 1 to happen
1) Has a mental disorder
2) Is likely to cause harm to self or others
3) Needs to be examined by a physician
3) Refuses to be medically examined
Form 2
Order for Involuntary Medical Examination
- Justice of the peace (Judge) may complete a form 2
- The police now take the person involuntarily for medical examination
- Form 2 lasts for 7 days. If the police can’t find the person after 7 days that form expires
Form 3
Notice to Person in Custody
- Police must inform the person in writing as to where they are being taken
- That it is for an involuntary medical examination
- That they have a right to legal counsel
- Person must be examined asap (within 24hrs or less of pickup).
- They have the right to refuse treatment, and silence but not the right to refuse assessment
Form 4
Application by Physician for Involuntary Assessment
- Any physician can complete this form if they have examined the person with the last 2 days.
- Person can now be admitted involuntarily to a psychiatric facility for assessment.
- Allows for a 72 hour assessment period.
- Within the 72hrs of form 4 a psychiatrist needs to assess them. They need to bring in collateral info. They need to see them multiple tiems, look at nursing assessment, etc.
- In that 72hrs they need to complete the form 6.
- The doc that completes the form 4/5 CAN NOT be the same doctor that completes form 6
Criteria for a form 4 to work: 4 points
1) Believed or known to have a mental disorder
2) Because of the mental disorder is at risk:
For serious harm to self
Serious harm to others
And/or at risk of substantial deterioration if untreated
3) Would benefit from treatment at a psychiatric facility
4) Refuses voluntary admission or is not competent to consent
Form 6
Involuntary Admission Certificate
Valid for 21 days
Form 7
Renewal Certificate
Valid for 3 months
Form 5
Application by Attending Physician for Change of Client’s Status from Voluntary to Involuntary
- Client must be examined by a psychiatrist within 72 hours of Form 5 being signed
- If client has already been in hospital 72 hours when Form 5 signed, client must be examined within 24 hours
Form 9
Certificate of Incompetence to make Treatment Decisions
- If assessed as unable (incompetent) to make treatment decisions:
- Usually a family member will be asked to act as a legal proxy (substitute decision maker) for client & give their consent for treatment
- Clients must be informed of status, right to appeal & right to a lawyer
- The proxy must have had contact with the person in the last 12 months
- Doctor should contact the proxy within 72hrs
- Doctor doesn’t need to inquire about if they have a substitute decision maker
- Needs to be provided in writing what their rights are (informed/appeal/laywer)
Form 8
Certificate of Change of Status to Voluntary Client
- Status is also changed:
- Automatically when discharged
MMHA forms (4 or 5, 6, & 7) are allowed to lapse – not renewed - Client must be informed of change of status to voluntary
Form 13
Request for Discharge by Voluntary Client
- A person may voluntarily be admitted to a psychiatric faculty and then change their mind and request to leave
- To leave against medical advice, the person must complete a Form 13
- Client must be assessed by physician within 24 hours
