Section 13: Acts Flashcards
Medical Assistance in Dying (MAID) Bill C-14
Act allows eligible adults to request medical assistance in dying;
Conditions:
- must be 18+
- psychologists may be needed to assess for mental competence (right now only physicians and nurse practitioners can do this)
- Mature minors NOT prohibited to seek this service
Age of Majority Act
p. 873
Defines age of majority: 18 years
(THIS IS NOT NECESSARILY- THE AGE OF CONSENT –> refer to A.C. v Manitoba)
** Clients below age 18 need parental consent, or need to be assessed for mature minor status
Alberta Health Act
p.874
Requires that all sectors of health system comply with Health Charter
Health Charter: Document that outlines fundamental expectations and responsibilities for providing health services
Enforced by Health Advocate and Minister of Health –> They also handle complaints against psychologists
Children First Act
What are some of the concerns with this act
P. 875
Provides guidelines regarding sharing information on children in order to provide welfare services/research purposes. In line with a multidisciplinary approach to protecting the safety, security, education, and health of children
- allows service providers to disclose info about children to another service provider
- CONCERNS with this act about how much info people are entitled to keep private; who is collecting info, and whether info can be appropriately kept private
Child, Youth and Family Enhancement Act
p. 876
Duty to report any suspected risk of child abuse/neglect to Child and Family Services –> EVEN if info is confidential
Family Law Act
p. 877
Covers legislation dealing with married couples, separations, partners, parents and children
https://justice.alberta.ca/programs_services/families/Pages/family_law_legislation.aspx
Psychologists - may need to establish relevant parent/guardians in cases; especially regarding informed consent for treatment
-Psychologist must also always consider best interest of child
FOIPP
Specify WHO this applies to
p.878 AND p. 895
Freedom of Information and Protection of Privacy Act
Applies to: public sector agencies
-Concerns protection of/access to private/confidential information about person (when info is being held by a public institution)
rules for how public bodies handle personal info +
rules for how people can access their own personal info in the hands of public bodies
Which Act applies to each situation:
- Psychologist (employed by public agency)
- Psychologist (contracted by public agency)
- Psychologists (independent practitioner)
- Psychologist (employed by AHS)
- Psychologist ( Federal public body)
- Psychologist (Federal private body)
p. 878
- FOIPP
- May be FOIPP or PIPA, depending on terms of contract
- PIPA
- HIA
- Canadian Access to Information Act
- PIPA and PIPEDA
Health Information Act
p. 879
ONLY applies to public sectors healthcare (AHS)
Concerns protection/access to confidential info held within AHS; guidelines for when you must/may/may not collect/use/disclose info and to who
(sharing of info across AHS services)
Health Professionals Acts
p. 880
Umbrella legislation that governs regulated disciplines
How do you get in, how do you stay in, how to you get kicked out
ALSO requires mandatory reporting if members suspect or know of a nuisance or threat that may be dangerous to public health e.g. bomb threat
Limitations Act
p. 881
Sets time limits on when someone can bring legal action against another
- 2 years after plaintiff should have known
- 10 year absolute limitation (keep files for 10 + 1 extra year)
Psychologist records:
- Minors: keep records for at least two years after client becomes an adult
- Disability - keep records as long as that person is under that disability
- Sexual assault/DV - never destroy
- Limitations for professional negligence: 6 years
Mental Health Act
p. 882
also p. 911
Also - what is one of the new options for carrying out this act?
Allows for apprehension/hospitalizations of someone who is:
1) in danger to themselves/other/
2) at risk of seriously deteriorating mentally/physically
3) unable to care for themselves due to mental disorder
Psychologists can get a warrant for a client who they think may meet this criteria
New option: Community Treatment Order (CTO) - allowing patient to be treated in community instead of having to be hospitalized
PIPA
p.883
Personal Information and Protection Act (Also known as the Privacy Act)
Guidelines regarding COLLECTION, USE, DISCLOSURE of personal information that is NOT governed by HIA or FOIPP (helps to protect citizen’s privacy)
Applies to independent psychologists (not employed by public body)
Protection for Persons in Care Act
p. 884
Requires you to REPORT if you have reasonable grounds to believe that a senior/dependent adult has been abused in publicly funded facility (for seniors/dependent adults)
You have DUTY TO PROTECT client from abuse
Public Health Act
p. 885
DUTY report if a person in care has a communicable/STI or a reportable cancer
Residential Tenancies Amendment Act
(Safe Spaces for Victims of Domestic Violence)
p. 886
Allows victims of DV to terminate their tenancy (rental agreements) early with no penalty when:
1) tenant’s safety is at risk
2) Dependent child’s safety is as at risk
3) Protected adult’s safety is as risk (adult with a disability)
Psychologists can provide statement to allow tenant to do this.
PIPEDA
P. 887
Also
p.901–902
Personal Information Protection and Electronic Documents Act
Applies to private psychologists (and ALL psychologists)
Governs data privacy, including how psychologists should store and destory their client files
governs how private orgs collect, use and disclose personal information in business. Applies to customers of all retail, service, manufacturing, etc organizations (not employees of organizations though)
Protection of Children Abusing Drugs Act
Allows parent to have children (who have been abusing drugs) involuntarily placed in protective safe house to detox/be assessed/treated for up to 10 days
For children who are likely to cause significant psych/physical harm to selves or others due to drugs
Psychologist’s files may be subpoenaed in order to get evidence of child’s drug use prior to committing child
When you are sent a FOIPP request, what three things should you do?
P. 895/p896
1) Provide all relevant records as promptly as possible
2) Make copies of your records if you needs to BUT need to submit originals
3) Provide list of any concerns you have about releasing this info, and your rationale for your concerns
–> processing body will take your concerns into account when processing info; you may be asked to further consult and records will be returned to you.
What do FOIP Records entail?
records of information in any form:
notes, tapes, x-rays, books, drawings, photographs, emails, post-it notes
What are some of the relevant concerns about releasing information for FOIPP?
(3)
p. 896
- Unreasonable invasion of privacy
2) Release of information will cause harm/threaten safety of someone
3) Standardized tests results e.g. intelligence tests
What are the two Federal privacy laws in Canada?
(Also list the provincial one)
p.801
1)The Privacy Act (federal agencies are limited in collection, use and disclosure of private information)
—> Each province has an act:
Alberta PIPA (Personal Information Protection Act)
2) PIPEDA (Personal Information Protection and Electronic Documents Act)
What are some of the principles of the PIPEDA ?
p.902
Principle 1: Accountability (be accountable with info uses)
Principle 2: Identifying purpose (explain why you need info)
Principle 3: Consent (consent to collection of info)
Principle 4: Limited Collection (collect info when necessary)
Principle 5: Limiting Use, Disclosure, and Retention
Principle 6: Accuracy
Principle 7: Safeguard info
Principle 8: Openness (be open about info collecting policies)
Principle 9: Individual access ( individuals should be able to find out about collection, use, disclosure of info)
Principle 10: Challenging Compliance (individuals should be able to challenge procedures if they aren’t in compliance with other principles
T or F: The HIA supersedes FOIPP
Explain the difference
TRUE - with respect to personal health information
Difference: HIA offers tougher privacy protections in some ways BUT also allows for easier sharing of health information in other ways
Easier - easier to share patient infor when coordinating patient care
Harder - required more systematic documentaion of information being disclosed; morerestirction on sharing info outside of immediate circle of health care providers
What constitutes Health Information as defined by the HIA? (4)
p. 907
1) physical/mental health
2) health services provided
3) Diagnostic test findings
4) Prescription drugs
What are some of the patient rights under the HIA?
p. 908
- access/copy any record containing health info on them
- be informed about WHY health info is being requested from them
- request CORRECTIONS to errors in their health record
Under the HIA, when might a custodian (governing body) refuse to release health info about a patient (3)?
p. 909
Health info would
1) pose risk of harm to applicant/others
2) pose risk to public safety
3) may identify a third party without their consent
Under the HIA, when might a custodian (governing body) use a patient health info without their consent?
p.909
- they are providing health services to patient
- Determining patient’s eligibility for health services
- conducting formal investigation
- conducting authorized research
- providing education to health services providers
- managing internal operations of an angecy
- complying with a different legislation
What supersedes the HIA?
p.909
A subpoena, warrant or Court Order –> MUST comply, or else: LEGAL SANCTIONS AND DEATH
What are the three possible actions that can be taken with a patient under the MHA?
p. 912
1) Apprehension and detention
2) Admission and treatment
3) Community treatment order
What is the Protection Against Family Violence Act?
PAFVA
- An Alberta act that protect all family members who are victims of family violence
- also offers protection to victims, even if they don’t live together (e.g. stalking)
What are the four protective tools of the PAFVA?
p. 920
1) Emergency Protection Order (EPO)
- provides IMMEDIATE legal protection to victims; can order an abuser not to go to certain places (e.g. where the victim commonly goes); Can also make an abuser leave the victim’s home
2) Queen’s Bench Protection Order
- similar to EPO, but provides longer term planning and protection for victim (can last up to 1 year). Can demand other considerations such as financial reimbursement, or temporarily resolve property issues
3)Warrant Permitting Entry
Allows a police office to enter a location to assist/examine a family member, and with consent, remove a victim for their safety
(Can only be applied for by police)
4) Declared DV victim can take 5 days off work and can also get non-interest loans for rent deposits
According to the MHA, what is apprehension and detention?
p.912
Apprehension: When doctor/judge/police officer may order person with mental disorder to be picked up by police and transported (CONVEYANCE) to hospital
Detention: When person is kept in hospital against their will
According to the MHA, what is admission and treatment?
p.912
Admission: TWO doctors separately examine someone and decide patient should involuntarily be admitted as formal patient.
Person must meet criteria for issuing
TWO ADMISSION CERTIFICATES = voluntary admission
THREE ADMISSION CERTIFICATES = involuntary admission
Treatment: After admission, treatment is recommended. Treatment options should be discussed with patient OR substitute decision maker
What is a community treatment order
p.912
doctor’s order to follow a supervised mental health treatment plan for an alloted period of time while staying in the community instead of the hospital
Meant to help prevent cycles of hospital admissions
According to MHA, where patients conveyed to after being apprehended
p. 913
mental health facility or designated facility
According to MHA, what is an admission certificate?
913
LEGA document that allows for your apprehension, conveyance and detention. Valid for 72 hours.
FORM 1 (Admission certificate) criteria:
- Mental disorder
- Likely to cause harm to self/other or suffer significant impairment
- There is no other way to (voluntarily) arrange for hospital admission
According to MHA, when would a provincial judge order that you be taken to hospital for examination?
What form would the judge issue if they were to act on this?
What form renews the judges warrant?
913
Anyone can go to a prov. judge and swear under oath that you are:
- suffering from a mental disorder
- likely to harm self/others
- may suffer serious mental/physical deterioration
- not complying with community treatment order
Judge will issue a warrant (FORM 8) - valid for 7 days
Warrant can be renewed (FORM 9 ) - valid for 7 days (if renewed before previous warrant expires)
What power to the police have to enforce the MHA?
List four criterea you must meet for police to enact Form 10
p 914
- if named in a doctor’s admission certificate (form 1) or in judge’s warrant (form 8/9), police can apprehend you and convey you to designated facility
- Police officer may also independently involuntarily take you to hospital (FORM 10), if:
1) mental disorder AND
2) likely to cause harm to self-others/serious deteriorating/not complying with community order AND
3) need to be examined for safety of you/others
4) dangerous to wait for judge to issue warrant
What is MHA’s policy on use of force/control?
p914
Control can be used to prevent serious injury to self/others
Control can be done through:
- minimal use of force
- Mechanical means
- Medication
Control must be as MINIMAL as is reasonable, and must have regard for your physical and mental condition
Under MHA, how is control different from treatment?
p914
Can be controlled without your consent
CANNOT be treated without your consent
What conditions must you meet in order to qualify for a CTO under the MHA?
*Taken from p.17 of the mental health workers guide to the MHA
- You are suffering from a mental disorder
- One or more of the conditions a, b, or c apply
a) in the past 3 years, you were a formal patient at least 2 times and for a total of at least 30 days; and were in a facility where you were eligible to be a formal patient
b) in the past 3 years, you were under a CTO at least once
c) 2 doctors believe you have shown recurrent behaviours in the community that put yours or others safety at risk, and/or that you may become significantly more ill if not treated - Two doctors think you are at risk to yourself and others and at risk of deterioration if you are not treated in the community
- The doctors believe you would be able to follow the CTO
