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Mental Health > Sept 21 - Mental Health Law in Canada > Flashcards

Sept 21 - Mental Health Law in Canada Flashcards

1
Q

Mental health legislation in Canada attempts to balance three factors, what are they?

Hint - civil, society saf, society choi

A

1.the civil liberties of individuals to live as they choose

2.the responsibility of society to ensure the safety and well-being of individuals who cannot understand the consequences of their choices because of diminished capacity

3.the responsibility of a society to ensure that the choices and behaviour of one individual do not compromise the safety and security of others

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2
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Medical supervisor and courts (no expectation of recovery

1808
1871
1935
1967
1978
2015

A

*1808

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3
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Lieutenant Governor and three doctors

1808
1871
1935
1967
1978
2015

A

1871

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4
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Two doctors, and the person might recover (time limited)

1808
1871
1935
1967
1978
2015

A

1935

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5
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Safety of self or others

1808
1871
1935
1967
1978
2015

A

1967

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6
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Imminent and serious bodily harm

1808
1871
1935
1967
1978
2015

A

1978

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7
Q

From the History of Involuntary Commitment in Ontario, what year does this fit into:

Consent and Capacity Board oversee long term patients

1808
1871
1935
1967
1978
2015

A

2015

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8
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

was entitled “An Act respecting Asylums for the Insane.”

A

the mental health legislation in Ontario enacted in 1871

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9
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

indicated that no person could be confined in an asylum except under an order of the lieutenant-governor and a certificate of three medical professionals verified by the mayor or reeve.

A

the mental health legislation in Ontario enacted in 1871

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10
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

removed the courts from the decision regarding admission, which then allowed involuntary admission based on the authorization of two physicians.

A

Ontario Mental Hospitals Act 1935

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11
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

Was the first Act to allow for the fact that a patient may recover be released from hospital.

A

Ontario Mental Hospitals Act 1935

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12
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

sought to limit the role of medicine

A

Revisions in the 1967 Mental Health Act

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13
Q

Was it the mental health legislation in Ontario enacted in 1871 OR Ontario Mental Hospitals Act 1935 OR Revisions in the 1967 Mental Health Act that…

reduced the grounds for involuntary admission to any person who would not enter a hospital voluntarily and who was living with a “mental disorder of a nature or degree so as to require hospitalization in the interests of his own safety or the safety of others.”

A

Revisions in the 1967 Mental Health Act

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14
Q

T/F - A central issue related to mental health legislation has been involuntary hospitalization and treatment

A

true

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15
Q

Generally, WHAT is the primary criterion for involuntary admission

A

danger, the term for “danger” varies across provinces

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16
Q

Throughout Canada, a person can be admitted involuntarily to a psychiatric facility by 4 different ways which are?

A
  • A physician may complete an application for psychiatric assessment and the individual will then be transported to the psychiatric facility for assessment, if necessary by the police.
  • A judge can order a person with an apparent mental health disorder to be taken by the police to a mental health facility for psychiatric assessment.
  • Family members or concerned community mental health workers can swear before a justice of the peace that a person with an apparent mental disorder is behaving in a manner that may meet the criteria for harm or danger. The justice of the peace may then issue an order that instructs the police to assist with transporting the individual to a psychiatric facility where a physician can complete an application for psychiatric assessment.
  • A police officer may apprehend a person who is believed to meet the criteria under mental health legislation and transport them to a psychiatric facility for assessment. Police have specific guidelines for action depending on the circumstances.
17
Q

T/F - Involuntary admission at law occurs before the psychiatric assessment is completed

A

false, occurs after the assessment

18
Q

Under the Canadian Charter of Rights and Freedoms, involuntary patients must what 3 things?

A

(1)be informed promptly of the reasons for detention

(2)be given the opportunity to retain counsel without delay

(3)have the validity of the detention reviewed and determined.

19
Q

Perceptions of control for involuntary patients include what 3 things?

A
  • Supportive professionals who listen, respect the individual and maximize choice
  • Gaining perspective on their illness and treatment through information provided
  • Learning to manage their own mental health
20
Q

Every province now has consent legislation which means treatment first THEN consent

A

false, consent first THEN treatment

21
Q

T/F - Prior to the 1960s, any person admitted to hospital against their will could be treated without consent

22
Q

What type of consent is the oral or written expression of consent, for example, by the patient stating, “I would like you to remove this wart from my finger.”

23
Q

What type of consent is derived from the action or inaction of an individual. For example, consent for obtaining a blood sample is implied by the action of rolling up one’s sleeve and presenting one’s arm

24
Q

What are the 3 elements of consent?

A

*A person must have the capacity to consent (cannot be impeded by mental health, health, or maturation)

*Consent must be informed (information must be available about all risks and benefits of treatment and info about risks of no treatment)

*Consent must be voluntary (it must be free of overt or implied consequences for consent or non-consent)

25
T/F - Treatment can never be provided without consent even in an emergency if a person for whom the treatment is proposed is incapable of consenting and the delay in consulting with a substitute decision-maker would result in prolonged suffering
false
26
What term describes - Legal document whereby wishes of person are recorded when competent
An advance directive, ex. acceptance/refusal of specific medications, ECT administration, hospitalization preferences, use of restraints
27
which term describes the legislation that binds the substitute decision-maker to following the directive unless the expressed wishes endanger the physical or mental health or safety of the patient or another person
An advance directive
28
Is it an advance directive or ulysses contract where a person may request detainment or restraint and may waive the right of appeal of involuntary admission and treatment
ulysses contract, it's a freely made decision about one’s own future that sets out the person’s preference in case of medical or other incapacitation
29
What is: -Designated by the person in advance -Bound by advance directives unless wishes endanger health or safety. -Specified by law if not designated by the person.
Substitute decision-makers
30
You may designate a WHAT (person granted authority to act on behalf of the grantor) for personal care prior to becoming incapable of consenting
power of attorney
31
Ontario has community treatment orders (ctos) by which a person may choose to comply with treatment in the community instead of being involuntarily admitted to a hospital This is known as WHAT
“leash laws” by opposition
32
T/F - A power of attorney for personal care does encompass financial matters
false
33
T/F - In Ontario, the test for financial competence includes * the ability to understand the nature of the financial decision and the choices available; * the ability to understand their relationship to the parties to and potential beneficiaries of the transactions; and * the ability to appreciate the consequences of making the decision.
true
34
What term describes an office that operates under legislation and works on behalf of a charitable or public group or individual to guide or make financial decisions.
Public Trustee
35
professional duties to warn and protect exists when what 3 things happen
* there is risk to a clearly identified person or group of persons is determined * the risk of harm includes bodily injury, death, or serious psychological harm; and * there is an element of imminence, creating a sense of urgency.
36
Client may access records that pertain to their care unless WHAT
Unless access might result in harm to self or others well beyond the merely possible or speculative

Mental Health (6 decks)

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