1990, c. M.7, s. 48 (8); 2000, c. 9, s. 23 (3); 2015, c. 36, s. 12 (4). Call ServiceOntario, Info line at: 1-866-532-3161 (Toll-free in Ontario only) TTY 1-800-387-5559. 2004, c. 3, Sched. (3) When a community treatment order is renewed for the second time and on the occasion of every second renewal thereafter, the person shall be deemed to have applied to the Board in the approved form under subsection (1) unless an application has already been made under that subsection. R.S.O. R.S.O. 1990, c. M.7, s. 28 (3). (b) that the contents of a communication sent to a patient would, (i) interfere with the treatment of the patient, or. (2) The Minister may, in writing, delegate his or her powers under subsection (1) to the Deputy Minister or to any officer or officers of the Ministry subject to such limitations, conditions and requirements as the Minister may set out in the delegation. (5) The physician shall promptly examine the person to determine whether. 18 An examination under section 16 or 17 shall be conducted by a physician forthwith after receipt of the person at the place of examination and where practicable the place shall be a psychiatric facility or other health facility. R.S.O. 2000, c. 9, s. 7 (2); 2015, c. 36, s. 1. 33 A police officer or other person who takes a person in custody to a psychiatric facility shall remain at the facility and retain custody of the person until the facility takes custody of him or her in the prescribed manner. (8) Where a clinical record is required pursuant to subsection (5) or (6), the clerk of the court or body in which the clinical record is admitted in evidence or, if not so admitted, the person to whom the clinical record is transmitted shall return the clinical record to the officer in charge forthwith after the determination of the matter in issue in respect of which the clinical record was required. (iii) if the person does not receive continuing treatment or care and continuing supervision while living in the community, he or she is likely, because of mental disorder, to cause serious bodily harm to himself or herself or to another person or to suffer substantial mental or physical deterioration of the person or serious physical impairment of the person, (iv) the person is able to comply with the community treatment plan contained in the community treatment order, and. (b) it is terminated earlier in accordance with section 33.2, 33.3 or 33.4. 1990, c. M.7, s. 15 (5); 2000, c. 9, s. 3 (6). A five-member panel shall consist of the following: i. (ii) the person meets the criteria for the completion of an application for psychiatric assessment under subsection 15 (1) or (1.1) where the person is not currently a patient in a psychiatric facility. 2000, c. 9, s. 15. 33.4 (1) A person who is subject to a community treatment order, or his or her substitute decision-maker, may withdraw his or her consent to the community treatment plan by giving the physician who issued or renewed the order a notice of intention to withdraw consent. 7 This Act applies to every psychiatric facility. (c) notify the persons referred to in clauses 33.1 (10) (b), (c) and (d) that the community treatment order has been terminated. 2000, c. 9, s. 15. R.S.O. 2015, c. 36, s. 6. The Mental Health Act is the law that describes what should happen when someone who is living with a mental illness needs treatment and protection for themselves/others.. (3) Subsection (2) does not apply if the patient himself or herself refuses to meet with the rights adviser. 2000, c. 9, s. 17. R.S.O. 1990, c. M.7, s. 29 (2). FORM 4 MENTAL HEALTH ACT [ Sections 22, 28, 29 and 42, R.S.B.C. 1990, c. M.7, s. 20 (3). A, s. 90 (8). 2000, c. 9, s. 3 (2). 2000, c. 9, s. 15. R.S.O. (3) In a proceeding before the Board under this or any other Act in respect of a patient, the officer in charge shall, at the request of any party to the proceeding, disclose to the Board the patient’s record of personal health information. 33.2 (1) At the request of a person who is subject to a community treatment order or of his or her substitute decision-maker, the physician who issued or renewed the order shall review the person’s condition to determine if the person is able to continue to live in the community without being subject to the order. 1992, c. 32, s. 20 (24). 54 (1) Forthwith on a patient’s admission to a psychiatric facility, a physician shall examine him or her to determine whether the patient is capable of managing property. A, s. 90 (7). 2015, c. 36, s. 10. The main purpose of the law is to regulate the involuntary admission of people into a psychiatric hospital. A, s. 90 (7). ... For more on the test that must be met for a doctor to sign a Form 1, see section 15 of the Mental Health Act. (3) The officer in charge shall release a person who is the subject of an application for assessment under section 15 or who is the subject of an order under section 32 upon the completion of 72 hours of detention in the psychiatric facility unless the attending physician has released the person, has admitted the person as an informal or voluntary patient or has admitted the person as an involuntary patient by completing and filing with the officer in charge a certificate of involuntary admission. (3) After an examination under subsection (1) or (2), the physician shall note his or her determination, with reasons, in the patient’s record of personal health information. In deciding if a Form 1 is appropriate, you must complete either Box A (serious harm test) or Box B (persons Early termination of order pursuant to request. Same, other persons involved in treatment. Chapter 1: Overview of Legislation Relevant to Mental Health Care in Ontario 1. Despite clause 73 (3) (b) of the Health Care Consent Act, 1996, all three members of a three-member panel are required to constitute a quorum. A Justice of the Peace is required to initiate the process, and the member of the public must contact them to issue the Form 2. R.S.O. The Mental Health Act (the Act) is an Ontario law which regulates the administration of Mental health care. In England, forms must comply with the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, as amended by Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 with effect from 1/12/20.. New forms can be found by clicking on the and icons below: : Printable pink PDFs amended with the new wording. (12) A community treatment order may be renewed for a period of six months at any time before its expiry and within one month after its expiry. (4) Despite subsection 39 (15) of this Act and subsection 75 (2) of the Health Care Consent Act, 1996, the hearing of an application made under subsection 39 (6) or (8) of this Act before June 21, 2016 shall begin within 28 days after the day the Board receives the application, unless the parties agree to a postponement. Once you get the Form 2, it allows the police to bring your loved one to the hospital (a) clearly document the action in the patient’s record of personal health information; (b) promptly give the patient a written notice informing him or her that the officer in charge, or his or her delegate, has taken the temporary action; and. (iii) providing for the government, management, conduct, operation, use and control thereof. 2000, c. 9, s. 15. (Canada) may be restrained, observed and examined under this Act and provided with treatment under the Health Care Consent Act, 1996. 2000, c. 9, s. 22. 2015, c. 36, s. 6. (3) An application under subsection (1) may be made at any time by the Minister, the Deputy Minister or the officer in charge of the psychiatric facility in respect of any involuntary patient. 2000, c. 9, s. 15. R.S.O. (b) the physician believes on reasonable grounds that the patient has a continuing power of attorney under that Act that provides for the management of the patient’s property. 1992, c. 32, s. 20 (43); 2015, c. 36, s. 13. (a) the certificate is confirmed or rescinded by the court; (b) the certificate is rescinded by the attending physician; (c) forty-eight hours after notice is given to the attending physician that the party appealing has withdrawn the appeal; or. 2015, c. 36, s. 10. Call ServiceOntario, Info line at: 1-866-532-3161 (Toll-free in Ontario only) TTY 1-800-387-5559. (c) if the temporary action exceeds a period of seven days, promptly apply to the Board in accordance with subsection 39 (9) to vary or cancel the order. (8) Forthwith following completion and filing of a certificate of involuntary admission, a certificate of renewal or a certificate of continuation, the officer in charge or his or her delegate shall review the certification documents to ascertain whether or not they have been completed in compliance with the criteria outlined in this Act and where, in his or her opinion, the documents are not properly completed, the officer in charge shall so inform the attending physician and, unless the person is re-examined and released or admitted in accordance with this section, the officer in charge shall release the person. 1990, c. M.7, s. 80. 22 (1) Where a judge has reason to believe that a person in custody who appears before him or her charged with an offence suffers from mental disorder, the judge may, by order, remand that person for admission as a patient to a psychiatric facility for a period of not more than two months. (3) Section 80 of the Health Care Consent Act, 1996 applies to the appeal. (3) A person who agrees to provide treatment or care and supervision under a community treatment plan shall indicate his or her agreement in the plan and is responsible for providing the treatment or care and supervision in accordance with the plan. 2004, c. 3, Sched. (ii) prescribing the accommodation, facilities, equipment and services thereof. Form 2 Order for Examination of Mental Health Act under Section 16 Health. 2000, c. 9, s. 22. (a) whether the child needs observation, care and treatment of a kind that the psychiatric facility can provide; (b) whether the child’s needs can be adequately met if the child is not an informal patient in the psychiatric facility; (c) whether there is an available alternative to the psychiatric facility in which the child’s needs could be more appropriately met; (d) the child’s views and wishes, where they can be reasonably ascertained; and. (2) In addition to the applications under subsection (4), an application under subsection (1) may be made. 21 (1) Where a judge has reason to believe that a person who appears before him or her charged with or convicted of an offence suffers from mental disorder, the judge may order the person to attend a psychiatric facility for examination. (ii) two additional months under a second certificate of renewal, (iii) three additional months under a third certificate of renewal, and. ; 2015, c. 36, s. 12 (3). 1987, c. M110. Form 2 Mental Health Act To the police officers of Ontario. first and last name of person examined (please print) dd / mm / yyyy (a) the physician should make an application for a psychiatric assessment of the person under section 15; (b) the physician should issue another community treatment order where the person, or his or her substitute decision-maker, consents to the community treatment plan; or. 2000, c. 9, s. 17. R.S.O. 1990, c. M.7, s. 28 (4). 1996, c. 2, s. 72 (31). (7) The substitute decision-maker who, in good faith, uses his or her best efforts to ensure the person’s compliance and believes, on reasonable grounds, that the person is in compliance is not liable for any default or neglect of the person in complying. (10) The court shall not grant an extension of the certificate under subsection (6) to a party other than the patient or the person acting on the patient’s behalf unless the court is satisfied that there are reasonable and probable grounds to believe that the patient’s condition would justify the completion and filing of a certificate of renewal or a certificate of continuation. (2) The Board is limited to making only one or more of the following orders when it confirms a patient’s certificate of continuation: 1. 2015, c. 36, s. 10. (7) On a hearing under subsection (6), the court or body shall consider whether or not the disclosure, transmittal or examination of the record of personal health information or the part of the record of personal health information specified by the attending physician. (3) The Board by order shall rescind the certificate if the Board determines that the prerequisites set out in this Act for admission as an involuntary patient were not met at the time of the hearing of the application. Direct the officer in charge of the psychiatric facility to allow the patient to be provided with supervised or unsupervised access to the community. Consolidation Period: From December 21, 2015 to the e-Laws currency date. Temporary action, risk of serious bodily harm. (2) Any such officer or person may at any time, and shall be permitted so to do by the authorities thereat, visit and inspect any psychiatric facility, and in so doing may interview patients, examine books, records and other documents relating to patients, examine the condition of the psychiatric facility and its equipment, and inquire into the adequacy of its staff, the range of services provided and any other matter he or she considers relevant to the maintenance of standards of patient care. 6428–41 (00/12) 7530–4973. (2), (3) Repealed: 2000, c. 9, s. 30 (6). 2. (v) prescribing the forms, records, books, returns and reports to be made and kept in that respect and the period for which the psychiatric facility involved shall retain each, and providing for returns, reports and information to be furnished to the Ministry; (c) prescribing additional duties of officers designated and persons appointed under subsection 9 (1); (e) exempting any psychiatric facility or class thereof from the application of Part II; (f) classifying patients, and limiting the classes of patients that may be admitted to any psychiatric facility or class thereof; (f.1) prescribing the manner in which information may be brought before a justice of the peace for the purposes of section 16; (g) respecting taking custody of persons under section 33, the examination and detention of persons and the admission, detention, leave of absence, absence without authorization, transfer, discharge and placement of patients; (g.1) respecting and governing community treatment orders, including the qualifications required for issuing such orders, additional duties of physicians who issue or renew such orders, additional duties of physicians who consent to an appointment under subsection 33.5 (2) and additional duties of persons who agree to provide treatment or care and supervision under a community treatment plan; (g.2) designating persons or categories of persons who may review community treatment order documents to ascertain whether or not they have been completed in compliance with the criteria set out in this Act and prescribing additional duties of such persons; (g.3) designating persons or categories of persons who may agree to provide treatment or care and supervision under a community treatment plan under subsection 33.5 (3) and prescribing the qualifications or requirements that a person must meet before he or she provides such treatment or care and supervision; (h) governing designations by psychiatric facilities or the Minister of persons or categories of persons to perform the functions of a rights adviser under this Act and governing the revocation of such designations, including. A, s. 90 (10). (a) shall set out in the application the facts upon which he or she formed his or her opinion as to the nature and quality of the mental disorder; (b) shall distinguish in the application between the facts observed by him or her and the facts communicated to him or her by others; and. 2000, c. 9, s. 13. R.S.O. 2. 4. 2000, c. 9, s. 15. Place the patient on a leave of absence for a designated period on the advice of a physician, subject to subsection (13). R.S.O. (ii) inform the person of the failure to comply or, if the person is incapable within the meaning of the Health Care Consent Act, 1996, inform the person’s substitute decision-maker of the failure, (iii) inform the person or the substitute decision-maker of the possibility that the physician may issue an order for examination and of the possible consequences, and. 1990, c. M.7, s. 41 (3); 1992, c. 32, s. 20 (6). (2) Subsection (1) does not apply to a decision to consent on the person’s behalf to the person’s admission to a psychiatric facility as an informal patient, as defined in the Mental Health Act, if the person is at least 12 years old but less than 16 years old. Requirements for certain Board applications. 1990, c. M.7, s. 81 (1); 1992, c. 32, s. 20 (51); 1996, c. 2, s. 72 (32); 1997, c. 15, s. 11 (2); 2000, c. 9, s. 30 (1-5); 2004, c. 3, Sched. (2) An application under subsection (1) or (1.1) shall set out clearly that the physician who signs the application personally examined the person who is the subject of the application and made careful inquiry into all of the facts necessary for him or her to form his or her opinion as to the nature and quality of the mental disorder of the person. 1990, c. M.7, s. 35 (7); 2004, c. 3, Sched. Form 1 Assessments Under the Mental Health Act Frequently Asked Questions Deciding that a person no longer meets the criteria for a Form 1 may be made in consultation with a psychiatrist via the OTN. apply to an application under subsection (1), with necessary modifications. 2000, c. 9, s. 22; 2015, c. 36, s. 7. Consideration of community treatment order. (12) Upon receiving an application made under subsection (6), (8), (9) or (10), the Board shall promptly give notice of the application to the Minister and, if applicable, to the officer in charge of any psychiatric facility named in the application. The ability of the psychiatric facility or facilities to manage and provide care for the patient and others. 50 If a patient or another person on a patient’s behalf gives or transmits to the officer in charge an application to the Board under this or any other Act, the officer in charge shall promptly transmit the application to the Board. They include quality and safety notifications forms, statutory forms and clinical practice forms. 1992, c. 32, s. 20 (17). The names of all persons or organizations who have agreed to provide treatment or care and supervision under the community treatment plan and their obligations under the plan. 1990, c. M.7, s. 16 (1); 2000, c. 9, s. 4 (1). The re-integration of the patient into society. 48 (1) A party to a proceeding under this Act before the Board may appeal the Board’s decision or order to the Superior Court of Justice on a question of law or fact or both. (12) The officer in charge of the psychiatric facility from which the patient is transferred may transfer the patient’s record of personal health information to the officer in charge of the psychiatric facility to which the patient is transferred. 1990, c. M.7, s. 48 (10); 2015, c. 36, s. 12 (6). 36.1 Repealed: 2004, c. 3, Sched. The officer in charge of the psychiatric facility. 1990, c. M.7, s. 20 (6). Direct the officer in charge of the psychiatric facility to provide the patient with vocational, interpretation or rehabilitative services. A Form 2 is valid 7 days from and including the day it is made or at conclusion of physician’s examination [Justice of the Peace completes this]. Admission of informal or voluntary patients. Mentally disordered person coming into Ontario. Form 2 Order for Examination under Section 16 •Allows the police to bring a person to an appropriate place for psychiatric assessment •Patient must be assessed upon arrival, and either: •placed on Form 1 •admitted as a voluntary patient •allowed to leave without admission The information on this form is collected pursuant to section 28 of the Mental Health Act. R.S.O. 2015, c. 36, s. 16. In Toronto, TTY 416-327-4282 Hours of operation : 8:30am - 5:00pm 2000, c. 9, s. 15. 2. 63, 64 Repealed: 1992, c. 32, s. 20 (47). (ii) cause the patient unnecessary distress. (3) The temporary action may continue until the Board disposes of the application made in accordance with clause (2) (c). 2000, c. 9, s. 22. (b) the officer in charge, or his or her delegate, applies under subsection 39 (9) to vary or cancel an order made under section 41.1. (7) Subsection (2) does not affect the Board’s power to make interim, procedural or other orders under the Statutory Powers Procedure Act. (a) has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person or to another person or substantial mental or physical deterioration of the person or serious physical impairment of the person; (b) has shown clinical improvement as a result of the treatment; (c) is suffering from the same mental disorder as the one for which he or she previously received treatment or from a mental disorder that is similar to the previous one; (d) given the person’s history of mental disorder and current mental or physical condition, is likely to cause serious bodily harm to himself or herself or to another person or is likely to suffer substantial mental or physical deterioration or serious physical impairment; (e) has been found incapable, within the meaning of the Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained; and. B, s. 9. Transfer of patients from one facility to another. (b) may not make an application under subsection 39 (6) until he or she has been issued a second certificate of continuation. 1990, c. M.7, s. 32. 1992, c. 32, s. 20 (41); 2000, c. 9, s. 24. 3. 1992, c. 32, s. 20 (40). R.S.O. (13) If the Board orders that a patient be placed on a leave of absence, the physician and the patient shall comply with such terms and conditions for the leave of absence as the Board may prescribe. (b) reasonable efforts have been made to. Generally, there are two ways for someone to end up in a mental health care or psychiatric facility — voluntarily or involuntarily. By person subject to community treatment order under this section, `` former ''... The creation, establishment, construction, alteration, renovation and maintenance thereof use and control thereof call! Physician from completing a certificate of continuation are the following: i patient and explain him... 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