Thank you to Irit Shimrat for providing this summary
Here is a summary of Bill 22, a bill
to amend British Columbia's mental
health act in order to more easily
incarcerate, detain and forcibly treat
people whose behaviour disturbs others.
The summary is followed by some
gory details from the actual bill.
1. One doctor can certify an individual,
who can then be detained for 48
hours on the basis of that certification.
A second certification must be
obtained during that time. (Previously,
the initial incarceration required
two doctor's signatures to do this
to someone.)
Criteria for certification include
"prevention of mental or physical
deterioration." (The criteria used
to be limited to "danger to self or
others.")
Patients on extended leave ("extended
leave" is a euphemism for outpatient,
or community, committal) can be rehospitalized
for going off medications.
If a patient has a history of going
off medication and has been recently
hospitalized, criteria for extended
leave can include forced treatment (in
other words, the person can be forcibly
treated in the community)
A history of going off medication can
be used to keep a person in hospital
indefinitely.
Patients who are on extended leave
for more than a year will have their
cases reviewed by review panels. A
person on extended leave has a right to
a review panel after one month.
****
Please note that patient advocate Roderick
Louis received a letter from the
director of Adult Mental Health, Ministry
of Health, dated May 8, 1998,
stating: "In response to your telephone
call of May 7, 1998, requesting
information on a draft proposal for
outpatient committal, I can advise that
the Ministry has not developed such
a proposal; furthermore, it is not a
legislative consideration that is
currently being pursued."
[The bill was passed July 26]
*****
Details from the bill
Section 1 of the Mental Health Act,
RSBC 1996, c. 288, is amended
(a) by adding the following definition:
"designated facility" means a Provincial
mental health facility,
psychiatric unit or observation unit;
(b) by repealing the definitions of
"director" and "mentally disordered
person" and substituting the following:
"director" means a person appointed
under the regulations to be in charge
of a designated facility and includes
a person authorized by a director to
exercise a power to carry out a duty
conferred or imposed on the director
under this [the Mental Health] Act
or the Patients Property Act;
"mentally disordered person" means
a person who has a disorder of the mind
that requires treatment and seriously
impairs the person's ability
(a) to react appropriately to the
person's environment, or
(b) to associate with others
Involuntary admissions
22(1) The director of a designated
facility may admit a person to the
designated facility and detain the
person for up to 48 hours for
examination and treatment on receiving
one medical certificate respecting
the person completed by a physician
in accordance with subsections (3) and
(4)
(2) On receipt by the director of a
second medical certificate completed by
another physician ... the detention
and treatment of that patient may be
continued beyond [the initial period]
(3) Each medical certificate under
this section must be completed by a
physician who has examined the person
to be admitted, or the patient
admitted, under subsection (1) and
must set out
(a) a statement by the physician that
the physician
(i) has examined the person or patient
on the date or dates set out, and
(ii) is of the opinion that the person
or patient is a mentally disordered
person.
10(b)(2.1) An examination under subsection
(2) must include
(a) consideration of all reasonably
available evidence concerning the
patient's history of mental disorder
including
(i) hospitalization for treatment,
and
(ii) compliance with treatment plans
following hospitalization, and
(b) an assessment of whether there
is a significant risk that the patient,
if discharged, will as a result of
mental disorder fail to follow the
treatment plan the director or physician
considers necessary to minimize
the possibility that the patient will
again be detained under section 22.
[(a) and (b) above are also the criteria
which must be used in review panel
hearings and court hearings regarding
the patient's fate]
Emergency procedures
28(1) A police officer or constable
may apprehend and immediately take a
person to a physician for examination
if satisfied from personal
observations, or information received,
that the person
(a) is acting in a manner likely to
endanger that person's own safety or
the safety of others, and
(b) is apparently a mentally disordered
person
Direction and discipline of patients
32 Every patient detained under this
Act is, during detention, subject to
the direction and discipline of the
director and the members of the staff
of the designated facility authorized
for that purpose by the director.
Application to court for discharge
33(1)In this section:
"patient" means
(a) a person whose admission is requested,
or a patient who is admitted,
under section 20(1)(a)(ii)
Advice to near relative
34(2) The director must give notice
in the prescribed manner to a near
relative of a patient immediately
after
(a) discharging a patient from the
designated facility
(b) receipt of a request under section
25(1) from someone who is not a near
relative of the patient.
(4) If the director or chair has no
information about the identity of the
patient's near relatives, the section
is sufficiently complied with if the
notice is sent to the Public Trustee.
Authority to detain continues despite
leave or transfer
39(1) The release of a patient on
leave or the patient's transfer to an
approved home under section 37 or
38 does not, of itself, impair the
authority for the patient's detention
under this Act and that authority may
be continued, according to the same
procedures and to the same extent, as
if the patient were detained in a
designated facility.
(6) A patient detained in a designated
facility who leaves the designated
facility under the circumstances set
out in subsection (1) may be
apprehended for the purpose of returning
the patient to the facility,
within 48 hours from the time the
patient leaves, even though no warrant
has been issued under this section.