Prov Law - Mental Health Act

Question 1

Arrest

3

Answer 1

1 - Take physical control with intent to detain
2 - Charges may or may not be pursued
3 - RTC provided

Question 2

Apprehension

4

Answer 2

1 - Take physical control with intent to detain
2 - Charges not pursued
3 - Apprehension made for safety
4 - RTC not always required

Question 3

Voluntary Patient (3)

Answer 3

1 - Recommendation of a physician
2 - Not detained/restrained
3- Choose to be admitted and can leave anytime

Question 4

Informal Patient

3

Answer 4

1 - A patient in a psychiatric facility
2 - under consent of another person
3 - who is entitled to give or refuse consent to treatment on their behalf

Question 5

Involuntary Patient

2

Answer 5

1 - A person detained in a psychiatric facility

2 - Under a certificate of involuntary admission or certificate of renewal

Question 6

Mental Disorder

Answer 6

Any disease or disability of the mind

Question 7

Officer in Charge

Answer 7

Officer that is responsible for the administration and management of a psychiatric facility

Question 8

Psychiatric Assessment
aka - FORM 1
(2)

Answer 8

1 - Physicians application for a psychiatric assessment (FORM 1)
2 - issued by a physician after examination

Question 9

s. 33.3 (1) MHA - Physicians Order (FORM 47)

What, When, Who, How

Answer 9

What - Physicians Order for examination (FORM 47)
When - A person fails to comply while under a Community treatment order
Who - Person who is suffering from a mental disorder, living in the community and requires continuing treatment/care/supervision
How - police, apprehend within 30 Days, return to physician

Question 10

s. 15 MHA
Application Psychiatric Assessment (FORM 1)

What, When, Who, How

Answer 10

What - Physicians application for assessment - FORM 1
WHEN - follows examination
Who - apparently suffering from Mental Disorder AND danger to self or others/unable to care for self
How - any person, apprehend within 7 days, detention for 72 hours in psychiatric facility

Question 11

s. 16
JP’s Order - Psych Assess

What, When, Who, How

Answer 11

What - JP order for psychiatric assessment (FORM 2)
WHEN - any person, lay an information before JP
Who - apparently suffering from mental disorder AND danger to self or others/unable to care for self
HOW - police, apprehend within 7 days, take person to appropriate place to be examined, not necessarily at a facility

Question 12

Form 1
(Times/who)

(4)

Answer 12

1 - signed by physician within 7 days of examination
2 - valid for 7 days
3 - ANY person to take person to facility
4 - detention in psychiatric facility for 72 hrs to evaluate

Question 13

s. 21
Judges Order

(2)

Answer 13

1 - Person at court under charge/conviction AND

2 - Judge believes person suffers mental disorder

Question 14

s. 22
Judges Order for ADMISSION

(3)

Answer 14

1 - Person is in custody at court charged with offence
2 - Judge believes person suffers mental disorder
3 - 2 month max

Question 15

s. 17
Police Apprehension

(Too dangerous to wait)
(4)

Answer 15

PO + R&PG to believe
1 - a person is acting disorderly
AND
2 - RCB person is behaving violently towards self or others/unable to care for self
AND
3 - suffering from a mental disorder that will likely result in SBH to self/others
AND
4 - RCB it would be dangerous to proceed by way of application to JP (too dangerous to wait)

Question 16

s. 17

4 Part Test

Answer 16

1 - PO on R&PG believes person IS OR HAS acted disorderly
AND
2 - on RCB IS OR HAS demonstrated violence/cant care for self
AND
3 - Apparent mental illness likely to result in SBH to anyone
AND
4 - Too dangerous to wait to get JP order (s. 16)

Question 17

s. 28(1)

Absent without Leave
AWOL

Answer 17

• Involuntary Patient goes AWOL, hospital issues a form 9 (return order) directs police/others to make reasonable return to same facility or facility close by, within ONE month, if not within ONE MONTH patient is deemed discharged

Question 18

s. 146(1)

Use of Force

Answer 18

• R&PG use only as much force as is necessary for the

Question 19

s. 1

Restrain (2
applies to medical professionals and employees of hospitals/psychiatric facilities)

Answer 19

1 - to take control when necessary to prevent SBH to the patient or other persons
2 - minimal use of force OR mechanical/chemicals means

Question 20

s. 33

Duty of Police to Remain (1)

Answer 20

1 - PO SHALL remain at the facility and retain custody until the facility takes custody

Question 21

Bill 68
Brians Law

(2)

Answer 21

1 - Custody to be transferred as soon as reasonably possible
AND
2 - Police be notified promptly when a decision is made to accept or not accept