Mental Health Act

Question 1

Definition of Apprehension

Answer 1

• Take physical control with intent to detain
• Charges not pursued
• apprehension made for safety
• RTC not always required

Question 2

Definition of a Voluntary Patient

Answer 2

• Admitted on recommendation of physician
• Not detained/restrained
• Chooses to be admitted and can leave

Question 3

Definition of Informal Patient

Answer 3

• Patient in a psychiatric facility
• Under consent of another person who is entitled to give or refuse consent to treatment
• Chooses to be admitted and can leave

Question 4

Definition of Involuntary Patient

Answer 4

• Detained in a psychiatric facility
• under certificate of involuntary admission
• or certificate of renewal

Question 5

Definition of Mental disorder

Answer 5

Any disease or disability of the mind

Question 6

Definition of Officer in Charge

Answer 6

-Responsible for the management of the psychiatric facility

Question 7

Definition of Psychiatric Assessment

Answer 7

• Physicians application for psychiatric assessment (Form 1)

- Issued by a physician after examination

Question 8

MHA: Involuntary Admission (by who)

Answer 8

• Physician (S. 15 & S.33.3(1))
• Justice of the Peace (S. 16)
• Judge (S. 22)

Question 9

S. 15 - Application Psychiatric Assessment

Physician (Form 1): Who, When, What, How?

Answer 9

WHO: Physician application for psychiatric assessment

WHEN: Follows examination by physician

WHAT: (1) Apparently suffering from mental disorder (2) danger to self or others (3) unable to care for self

HOW: (1) Any person (2) apprehend within 7 days (3) auth. detention for up to 72 hrs in psychiatric facility

Question 10

S. 33.3(1)

Physician - Community Treatment Order: Who, When, What, How?

Answer 10

WHO: Physician order for examination (Form 47)

WHEN: (1) Person suffering from mental disorder who is living in a community under a CTO (2) Person fails to comply while under a community treatment order

WHAT: (1) Suffering from mental disorder (2) requires continued treatment or care (3) and supervision while living within a community

HOW: (1) Directed to Police (2) Apprehension within 30 days (3) Return person to physician who issued order

Question 11

MHA S. 16

J.P’s Order - Psychiatric Assessment: Who, When, What, How?

Answer 11

WHO: Justice of the Peace (Form 2)

WHEN: (1)Information on oath by any person (2) Still requires S. 15 examination

WHAT: (1)Apparently suffering from a mental disorder (2) danger to self or others (3) unable to care for self

HOW: (1) Police (2) Apprehension within 7 days from date of order (3) take person to appropriate place to be examined by physician

Question 12

MHA S. 22

Judges Order to Admit: Who, When, What, How?

Answer 12

WHO: Judges order (Court order)

WHEN: Where person is before court under charge or conviction

WHAT: Judge has reason to believe person suffers from a mental disorder

HOW: (1) Senior physician reports in writing to judge (2) 60 days

Question 13

FORM 1

Answer 13

• Must be signed by physician within 7 days of examination
• Valid for 7 days after signature
• Authorizes any person to take person to facility
• authorizes detention in psychiatric facility for observation/examination for up to 72 hours

Question 14

A psychiatric examination can be ordered by whom?

Answer 14

(1) Physician
(2) JP
(3) Judge
(4) Police upon apprehension

Question 15

MHA S. 17 - Police Apprehension (Too dangerous to wait)

Answer 15

Police officer has R&PG to believe a person acting or has acted

(1) disorderly manner, and
(2) has threatened or is threatening or attempting to cause bodily harm to themselves
(3) violently towards another person
(4) causing another person to fear bodily harm
(4) lack of competence to care
(5) apparently suffering from mental disorder
(6) take person into custody to an appropriate place for examination by a physician

Question 16

S. 17 MHA 4 Part Test

Answer 16

Part 1: P.O on R&PG believes person IS or HAS acted disorderly

Part 2: on reasonable cause to believe IS or HAS demonstrated violence or can’t care for self

Part 3: Apparent mental illness likely to result in serious bodily harm to anyone

Part 4: Too dangerous to wait to get JP’s order under S. 16

Question 17

ABSENT WITHOUT LEAVE (AWOL) S. 28(1)

Answer 17

• Where involuntary patient AWOL
• OIC issues Form 9: order for return
• Directs police or other persons to make reasonable attempts to return
• Return to same facility or nearest place where apprehended
• within 1 month
• deemed discharge if not returned within 1 month

Question 18

Restrain MHA S. 1

Answer 18

• to place under control when necessary
• prevent serious bodily harm to patient or other person
• minimal use of force
• mechanical means or chemical

Question 19

S. 33 MHA - Duty of Police to remain

Answer 19

Police SHALL remain and retain custody until the facility takes custody

Question 20

Bill 68 (Brian’s Law)

Answer 20

• Custody to be transferred as soon as reasonably possible

- police be notified promptly when a decision is made to accept or not accept

Question 21

Criminal Charge/Apprehension

Answer 21

• if applicable, charge criminally and hold for show cause hearing
• advise crown attorney of findings
• court should hold person on secondary ground being “public interest”