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Questions and Answers
Which statement is true regarding the status of a voluntary patient in a psychiatric facility?
Which statement is true regarding the status of a voluntary patient in a psychiatric facility?
Under what condition can a physician issue Form 1 for involuntary admission?
Under what condition can a physician issue Form 1 for involuntary admission?
What is the main role of the Officer in Charge in a psychiatric facility?
What is the main role of the Officer in Charge in a psychiatric facility?
What distinguishes an informal patient from a voluntary patient?
What distinguishes an informal patient from a voluntary patient?
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What does s. 33.3 MHA stipulate regarding the Community Treatment Order?
What does s. 33.3 MHA stipulate regarding the Community Treatment Order?
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Which of the following statements about apprehension is correct?
Which of the following statements about apprehension is correct?
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What is the maximum duration a person can be detained for observation after an involuntary admission certificate is signed?
What is the maximum duration a person can be detained for observation after an involuntary admission certificate is signed?
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Who can issue a psychiatric assessment application (Form 1 - APA)?
Who can issue a psychiatric assessment application (Form 1 - APA)?
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Who is responsible for the administration and management of a psychiatric facility?
Who is responsible for the administration and management of a psychiatric facility?
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Under what circumstances can apprehension be made without requiring rights to counsel?
Under what circumstances can apprehension be made without requiring rights to counsel?
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What is the maximum period a physician has to examine a person after issuing an Application for Psychiatric Assessment (Form 1)?
What is the maximum period a physician has to examine a person after issuing an Application for Psychiatric Assessment (Form 1)?
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Which of the following describes an involuntary patient?
Which of the following describes an involuntary patient?
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Which section of the Mental Health Act allows a physician to terminate a Community Treatment Order?
Which section of the Mental Health Act allows a physician to terminate a Community Treatment Order?
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What is the primary distinction between a voluntary patient and an informal patient?
What is the primary distinction between a voluntary patient and an informal patient?
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What does a physician's order (Form 47) authorize regarding a person living under a Community Treatment Order?
What does a physician's order (Form 47) authorize regarding a person living under a Community Treatment Order?
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Involuntary admission under s. 15 MHA allows detention in a psychiatric facility for what maximum period?
Involuntary admission under s. 15 MHA allows detention in a psychiatric facility for what maximum period?
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What constitutes a mental disorder according to the Mental Health Act?
What constitutes a mental disorder according to the Mental Health Act?
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How long is a physician's order (Form 47) valid after being issued?
How long is a physician's order (Form 47) valid after being issued?
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What is the time frame within which a person must be apprehended after a Justice of the Peace order for psychiatric assessment is issued?
What is the time frame within which a person must be apprehended after a Justice of the Peace order for psychiatric assessment is issued?
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Which of the following describes the purpose of restraint as defined in section 1 of the Mental Health Act?
Which of the following describes the purpose of restraint as defined in section 1 of the Mental Health Act?
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What is a condition for a court to hold a person on secondary grounds in relation to mental health apprehension?
What is a condition for a court to hold a person on secondary grounds in relation to mental health apprehension?
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Which section allows judges to admit individuals directly to a psychiatric facility when they are before the court?
Which section allows judges to admit individuals directly to a psychiatric facility when they are before the court?
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After issuing an Application for Psychiatric Assessment (Form 1), how long does a physician have to apprehend a person?
After issuing an Application for Psychiatric Assessment (Form 1), how long does a physician have to apprehend a person?
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What does Section 17 of the Mental Health Act specify regarding the apprehension of a person?
What does Section 17 of the Mental Health Act specify regarding the apprehension of a person?
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Which of the following applies to involuntary admission under Section 15 MHA?
Which of the following applies to involuntary admission under Section 15 MHA?
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What must a judge receive in writing concerning an individual being considered for admission due to mental disorder?
What must a judge receive in writing concerning an individual being considered for admission due to mental disorder?
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Who is authorized to issue a psychiatric assessment application (Form 1)?
Who is authorized to issue a psychiatric assessment application (Form 1)?
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What is the key criterion for restraint under the Mental Health Act?
What is the key criterion for restraint under the Mental Health Act?
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What is the primary reason police should be notified in the context of custody transfer under Bill 68?
What is the primary reason police should be notified in the context of custody transfer under Bill 68?
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Under s. 1 of the MHA, what is the intent behind the definition of restraint?
Under s. 1 of the MHA, what is the intent behind the definition of restraint?
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What is the maximum period a person can be apprehended under a Community Treatment Order if they fail to comply?
What is the maximum period a person can be apprehended under a Community Treatment Order if they fail to comply?
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Who can initiate an information for a J.P.'s Order for psychiatric assessment?
Who can initiate an information for a J.P.'s Order for psychiatric assessment?
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What must happen if a person is apprehended under s. 17 MHA?
What must happen if a person is apprehended under s. 17 MHA?
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What does a judge require to admit someone directly to a psychiatric facility under a judge's order?
What does a judge require to admit someone directly to a psychiatric facility under a judge's order?
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Under which condition can a court hold someone for a show cause hearing?
Under which condition can a court hold someone for a show cause hearing?
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What is the standard timeframe for a physician to apprehend a person after issuing an Application for Psychiatric Assessment (Form 1)?
What is the standard timeframe for a physician to apprehend a person after issuing an Application for Psychiatric Assessment (Form 1)?
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What is the role of the court under s. 22 MHA regarding psychiatric facility admission?
What is the role of the court under s. 22 MHA regarding psychiatric facility admission?
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What is the final determination made by the judges regarding a person brought before the court under a charge or conviction?
What is the final determination made by the judges regarding a person brought before the court under a charge or conviction?
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What is the primary difference between apprehension and arrest under the Mental Health Act?
What is the primary difference between apprehension and arrest under the Mental Health Act?
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What condition makes a person an involuntary patient under the Mental Health Act?
What condition makes a person an involuntary patient under the Mental Health Act?
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Under what circumstances is a physician required to sign Form 1 for involuntary admission?
Under what circumstances is a physician required to sign Form 1 for involuntary admission?
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What does Form 47 authorize regarding a person under a Community Treatment Order (CTO)?
What does Form 47 authorize regarding a person under a Community Treatment Order (CTO)?
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What is the maximum duration a person can be detained for observation under Form 1 after it is signed?
What is the maximum duration a person can be detained for observation under Form 1 after it is signed?
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What is considered a mental disorder according to the Mental Health Act?
What is considered a mental disorder according to the Mental Health Act?
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Who is responsible for the administration and management of a psychiatric facility?
Who is responsible for the administration and management of a psychiatric facility?
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What must happen if a person is apprehended under s. 17 MHA?
What must happen if a person is apprehended under s. 17 MHA?
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How long is Form 1 valid after it is signed by the physician?
How long is Form 1 valid after it is signed by the physician?
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What does the Officer in Charge oversee in a psychiatric facility?
What does the Officer in Charge oversee in a psychiatric facility?
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Study Notes
Definitions and Concepts
- Arrest: Physical control taken to detain an individual, charges may be pursued. Rights to counsel are provided.
- Apprehension: Physical control for safety purposes without pursuing charges. Rights to counsel not always required.
Patient Categories
- Voluntary Patient: Admitted based on physician's recommendation, not restrained, can leave at any time.
- Informal Patient: Admitted with consent from another party authorized to make treatment decisions on their behalf, can leave at any time.
- Involuntary Patient: Detained under a certificate of involuntary admission or renewal, cannot leave at will.
Mental Health Terminology
- Mental Disorder: Defined as any disease or disability affecting the mind.
- Officer in Charge: Responsible for the administration and management of a psychiatric facility.
- Psychiatric Assessment: Application for a psychiatric assessment initiated by a physician after examination using Form 1 - APA.
Involuntary Admission Process
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18.15 MHA - Application for Psychiatric Assessment (Form 1):
- Requires examination by a physician within 7 days, regardless of mental health history.
- Physician must have reasonable belief that the individual poses a danger to self or others or cannot care for themselves.
- Must be signed by a physician within 7 days of the examination; valid for another 7 days after signing.
- Authorizes individuals to transport the patient to a facility and allows for up to 72 hours of detention for observation and examination.
Community Treatment Orders
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s. 33.3 MHA - Physician's Order (Form 47):
- Applies to individuals with mental disorders living in the community under a Community Treatment Order (CTO) who fail to comply.
- Physicians have the authority to terminate CTO and order an examination.
- Form 47 must be directed to police and remains valid for 30 days.
Arrest and Apprehension
- Arrest: Physical control is taken with the intent to detain a person, charges may be pursued, and rights to counsel are provided.
- Apprehension: Involves taking physical control for safety purposes, charges are not pursued, and rights to counsel may not be necessary.
Patient Types
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Voluntary Patient:
- Admitted based on physician’s recommendation.
- Not subject to detention or restraint.
- Has the autonomy to leave the facility at any time.
-
Informal Patient:
- A patient who consents to treatment under the authority of another individual.
- Shares the same freedom to leave the facility at any time as a voluntary patient.
-
Involuntary Patient:
- Detained under a certificate of involuntary admission or a renewal certificate due to a mental disorder.
Mental Disorder Definition
- Classified as any disease or disability affecting mental functions or capacities.
Officer in Charge
- Responsible for the administration and management of psychiatric facilities.
Psychiatric Assessment
- Conducted by a physician using the Psychiatric Assessment Application Form (Form 1 - APA) after an examination.
Involuntary Admission Procedures
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Section 15 of the Mental Health Act (MHA):
- Application for Psychiatric Assessment (Form 1) necessitates examination within 7 days by a physician.
- Applicable if there is reasonable cause to believe the individual poses danger to themselves or others, or cannot care for themselves.
- Signed by a physician and valid for 7 days post-examination.
- Authorizes detention for observation/examination in a psychiatric facility for up to 72 hours.
-
Section 33.3 of the MHA:
- Applies when an individual with a Community Treatment Order (CTO) fails to comply.
- Physician may terminate the CTO and issue an examination order.
- Form 47 directed to the police, valid for 30 days.
Bill 68 (Brian's Law)
- Custody transfer must occur as soon as reasonably possible.
- Police must be promptly notified of acceptance or rejection decisions regarding custody.
Restraint - s.1 MHA
- Restraint involves minimal force, mechanical means, or chemicals to prevent serious bodily harm.
- Applicable to medical professionals and staff in hospitals or psychiatric facilities.
Criminal Charge/Apprehension
- Criminal charges are prioritized before mental health apprehension.
- If needed, a criminal charge is filed for a show cause hearing.
- Crown attorney should be informed of findings for legal proceedings.
- Courts may hold individuals based on "public interest" grounds.
s. 22 MHA
- Allows for court-ordered admission to a psychiatric facility for evaluation.
- If a person is apprehended under s. 17 MHA, they may undergo examination followed by criminal proceedings.
Physician - APA
- After examination by any Ontario physician, an order can be directed to any individual, including police.
- Can apply whether or not the individual has a history of mental illness or treatment.
- Authorizes detention in a psychiatric facility for up to 72 hours if the person poses a danger to themselves or others, or cannot care for themselves.
Involuntary Admission
- Governed by Section 15 following a physician's assessment.
- An application for psychiatric evaluation (Form 1) can be directed at the police, applicable irrespective of mental health history.
- Apprehension must occur within 30 days after issuing the Form 1.
- Individuals should be returned to the issuing physician after apprehension if they pose a risk or cannot care for themselves.
Section 33.3(1)
- Initiated by family members or any person providing information under oath to a Justice of the Peace.
- Secures a Justice of the Peace order for psychiatric assessment (Form 2), requiring a Section 15 examination.
- Apprehension under this order must occur within 7 days of signing.
- Individuals suffering from a mental disorder, posing danger to self or others, may be taken for evaluation at an appropriate facility, not limited to psychiatric institutions.
Section 22
- Provides for a judge's order for admission where an individual is present in court facing charges.
- A senior physician must deliver a written report to the judge.
Bill 68 (Brian's Law)
- Custody transfers must occur promptly to ensure safety and efficiency.
- Police must receive immediate notification of decisions regarding custody acceptance.
Restrain - s. 1 MHA
- Restrain is defined as necessary control measures to prevent serious bodily harm, using minimal force or means.
- This section applies to medical professionals and staff in hospitals or psychiatric facilities.
Criminal Charge/Apprehension
- If applicable, individuals may face criminal charges and a show cause hearing.
- Crown attorney must be informed of relevant findings.
- Courts can hold a person on secondary grounds, emphasizing public interest.
- Section 22 MHA allows courts to issue orders for psychiatric assessments at facilities.
- Criminal proceedings may follow the examination by a physician for those apprehended under section 17 MHA.
MHA
- Physicians can apply for psychiatric assessments to ensure proper care for individuals.
- Individuals failing to comply with a Community Treatment Order may be apprehended within 30 days by police for necessary treatment.
- Those deemed to be a danger to themselves or others may be apprehended within 7 days for assessment.
J.P.'s ORDER - Psych Assess
- Initiation of assessment can occur via a person swearing information before a Justice of the Peace, often by a family member.
- A Section 15 examination is still required following the initiation of a J.P.'s order.
JUDGES ORDER to ADMIT
- Judges can order admissions to psychiatric facilities through court orders.
- This is applicable when a person is charged and the judge suspects a mental disorder based on evidence.
- A senior physician must provide a written report to the judge regarding the individual's condition.
Sec 17 - MHA - Police
- In cases where section 16 MHA is not viable, section 17 governs police actions.
- Police are authorized to ensure individuals remain in hospital settings when necessary for public safety and care.
Legal Framework for Mental Health Detention
- Arrest involves taking physical control with the intention to detain, which may or may not lead to charges; rights to counsel are provided.
- Apprehension is a similar action intended for safety without pursuing charges; rights to counsel may not be required.
Patient Categories
-
Voluntary Patient:
- Admitted based on a physician's recommendation.
- Not subjected to detention or restraint.
- Retains the right to leave the facility at any time.
-
Informal Patient:
- Admitted with consent from someone authorized to make treatment decisions on their behalf.
- Also has the ability to leave at any time.
-
Involuntary Patient:
- Detained under a certificate of involuntary admission or certificate of renewal.
Definition of Mental Disorder
- Described as any disease or disability affecting the mind.
Roles and Procedures
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Officer in Charge: The individual responsible for the management and administration of a psychiatric facility.
-
Psychiatric Assessment:
- Initiated by a physician's application (Form 1 - APA) following an examination.
Involuntary Admission Protocol
-
Section 15 MHA - Application for Psychiatric Assessment (Form 1):
- Requires examination by a physician within 7 days, regardless of prior mental health history.
- Physician must have reasonable grounds to believe the individual poses a risk to themselves or others or cannot care for themselves.
-
Form 1 Validity:
- Remains valid for 7 days post-signature by a physician.
- Grants authority for any individual to transport the patient to the facility.
- Permits detention for observation and examination for up to 72 hours.
Community Treatment Orders
-
Section 33.3 MHA - Physician's Order (Form 47):
- Applicable to a person under a Community Treatment Order (CTO) who fails to comply.
- Allows physicians to terminate the CTO and request an examination.
- Form 47 Validity: Directed to police and valid for 30 days.
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Description
Explore the key concepts and terms of the Mental Health Act, including definitions of arrest, apprehension, voluntary patients, and informal patients. Understand the rights associated with different types of patient care and the implications for mental health treatment. Test your knowledge on this important legal framework.
