Prov Law - Mental Health Act Flashcards
Arrest
3
1 - Take physical control with intent to detain
2 - Charges may or may not be pursued
3 - RTC provided
Apprehension
4
1 - Take physical control with intent to detain
2 - Charges not pursued
3 - Apprehension made for safety
4 - RTC not always required
Voluntary Patient (3)
1 - Recommendation of a physician
2 - Not detained/restrained
3- Choose to be admitted and can leave anytime
Informal Patient
3
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
Involuntary Patient
2
1 - A person detained in a psychiatric facility
2 - Under a certificate of involuntary admission or certificate of renewal
Mental Disorder
Any disease or disability of the mind
Officer in Charge
Officer that is responsible for the administration and management of a psychiatric facility
Psychiatric Assessment
aka - FORM 1
(2)
1 - Physicians application for a psychiatric assessment (FORM 1)
2 - issued by a physician after examination
s. 33.3 (1) MHA - Physicians Order (FORM 47)
What, When, Who, How
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
s. 15 MHA
Application Psychiatric Assessment (FORM 1)
What, When, Who, How
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
s. 16
JP’s Order - Psych Assess
What, When, Who, How
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
Form 1
(Times/who)
(4)
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
s. 21
Judges Order
(2)
1 - Person at court under charge/conviction AND
2 - Judge believes person suffers mental disorder
s. 22
Judges Order for ADMISSION
(3)
1 - Person is in custody at court charged with offence
2 - Judge believes person suffers mental disorder
3 - 2 month max
s. 17
Police Apprehension
(Too dangerous to wait)
(4)
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)
s. 17
4 Part Test
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)
s. 28(1)
Absent without Leave
AWOL
- 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
s. 146(1)
Use of Force
- R&PG use only as much force as is necessary for the
s. 1
Restrain (2
applies to medical professionals and employees of hospitals/psychiatric facilities)
1 - to take control when necessary to prevent SBH to the patient or other persons
2 - minimal use of force OR mechanical/chemicals means
s. 33
Duty of Police to Remain (1)
1 - PO SHALL remain at the facility and retain custody until the facility takes custody
Bill 68
Brians Law
(2)
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
