What is the purpose of a mental health services act
Establishes rules and procedures governing the commitment of persons suffering from mental disorders
Permits infringements upon a person’s rights and freedoms only to the extent necessary to ensure that the person receives the care and treatment which he or she requires
In what instances can involuntary examination occur?
- Physician examines an individual
- Another person believes someone needs to be examined and reports it to a judge
- Police officer notices somebody acting in a disorderly way
- An individual is in another province and is admitted against their will
- An individual is charged
- An individual is being held under the criminal code
- An individual has violated their CTO
In what 3 ways can an individual be involuntarily admitted to the mental health unit of a hospital?
- Under medical certificates
- Has been charged with a criminal offence
- Court order for long term detention
What must occur for an individual to be held under medical certificates?
2 different certificates must be signed by 2 physicians (one being a psychiatrist) who must certify:
- the individual has a mental disorder and needs treatment that can only be provided in hospital
- cannot make an informed decision
- if not detained - may cause harm to themselves or others
How long can a medical certificate hold someone?
Emergency: 3 days
Once official certificates produced: 21 days
In what instances can a patient receive treatment without their consent?
- under medical certificates
- under court order for long term detention
- under CTO
What 6 Criteria must be met for an individual to be placed on a CTO?
- has a mental disorder and needs community treatment/supervision - doesn’t need to be in hospital
- In the last 2 years has been hospitalized against their will for 60 days or at least 3 times
- mental disorder puts them at risk for harming themselves or others
- services needed are available in community
- cannot make an informed decision
- can co-operate with CTO
Nursing Responsibilities with a MHSA
- explain patient and family rights
- keep track of certificate expiry dates
- report to review panels
- supervise CTO
- provide information to clinicians and family members
Unfit to Stand Trial
Unable on the account of their mental disorder to conduct defence AT ANY STAGE of proceedings and is rendered unable to:
- understand nature/object of proceedings
- understand possible consequences of proceedings
- communicate with counsel
Not Criminally Responsible Due to a Mental Disorder
based on accused person’s mental state at the time the offence was committed
Mental Health Acts Cover Information on what 6 things
- Involuntary admissions
- Formal Patients
- Admission Certificates
- Renewal Certificates
- Competency
- Substitute Decision Makers
MOT
involves legal provisions requiring people with a mental illness to comply with a treatment plan while living in the community, otherwise will be brought back to hospital (involuntary).
CTO
a form of MOT, is an order to provide a comprehensive plan of community-based treatment to someone with a serious mental disorder. They are only issued for persons with severe mental illness and with a history of hospitalization who have been examined by a physician and been deemed in need of continuing treatment and care while residing in the community
The CTO is signed by and agreed to by the patient when they are well prior to discharge, that they agree they can be made to get treatment, should they become unwell in the future, when they are out in the community (i.e., come off their meds etc., become ill again – because at that time they may not agree because due to their illness they may be paranoid, psychotic etc.)
