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Questions and Answers
What is the maximum duration that a person can be placed under preventative confinement without a court order?
What is the maximum duration that a person can be placed under preventative confinement without a court order?
What must a health care facility do if a patient does not consent to a psychiatric evaluation?
What must a health care facility do if a patient does not consent to a psychiatric evaluation?
What obligation does a physician have regarding informing a patient about a psychiatric evaluation?
What obligation does a physician have regarding informing a patient about a psychiatric evaluation?
What is required for a court to authorize an extension of preventative confinement beyond 72 hours?
What is required for a court to authorize an extension of preventative confinement beyond 72 hours?
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Which of the following statements about consent and preventive confinement is true?
Which of the following statements about consent and preventive confinement is true?
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What is required for a court to mandate provisional confinement?
What is required for a court to mandate provisional confinement?
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What is the maximum timeframe for the first psychiatric assessment after arrival for a person under preventive confinement?
What is the maximum timeframe for the first psychiatric assessment after arrival for a person under preventive confinement?
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Under what condition can an application for provisional confinement not be resubmitted?
Under what condition can an application for provisional confinement not be resubmitted?
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What is the second psychiatric assessment timeframe if the person has refused an examination?
What is the second psychiatric assessment timeframe if the person has refused an examination?
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Who can apply to the court for provisional confinement?
Who can apply to the court for provisional confinement?
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What additional examinations may the court authorize during provisional confinement?
What additional examinations may the court authorize during provisional confinement?
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When does the 96-hour time limit for the second psychiatric evaluation apply?
When does the 96-hour time limit for the second psychiatric evaluation apply?
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Who is responsible for conducting the psychiatric evaluations during provisional confinement?
Who is responsible for conducting the psychiatric evaluations during provisional confinement?
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What is the maximum duration for an initial setting of confinement without requiring periodic examination?
What is the maximum duration for an initial setting of confinement without requiring periodic examination?
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At what intervals must a person under confinement be examined after the initial 21 days?
At what intervals must a person under confinement be examined after the initial 21 days?
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Which of the following statements accurately reflects the rights of a person under confinement?
Which of the following statements accurately reflects the rights of a person under confinement?
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What must be true for a person not to be served the application for confinement?
What must be true for a person not to be served the application for confinement?
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In what situation must the information regarding care programs be provided to a person under confinement?
In what situation must the information regarding care programs be provided to a person under confinement?
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What is required for a health establishment to treat a confined person against their will?
What is required for a health establishment to treat a confined person against their will?
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Under what circumstances may restraints be used on a confined person?
Under what circumstances may restraints be used on a confined person?
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Who can receive information about the care program for a child under 14 years of age in confinement?
Who can receive information about the care program for a child under 14 years of age in confinement?
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What must a professional do if they have reasonable grounds to believe a child's security or development is in danger?
What must a professional do if they have reasonable grounds to believe a child's security or development is in danger?
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Which of the following conditions indicates that a child's security and development are considered to be in danger?
Which of the following conditions indicates that a child's security and development are considered to be in danger?
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At what age can a minor give consent alone to care required by the state of health?
At what age can a minor give consent alone to care required by the state of health?
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In which circumstance can a minor aged 14 or over be treated without their consent?
In which circumstance can a minor aged 14 or over be treated without their consent?
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If a child leaves a care facility without authorization, how is their situation classified?
If a child leaves a care facility without authorization, how is their situation classified?
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Which of the following professionals does NOT have the duty to report potential danger to a child?
Which of the following professionals does NOT have the duty to report potential danger to a child?
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What is the required action if a minor's health condition necessitates a stay in a health services establishment for over 12 hours?
What is the required action if a minor's health condition necessitates a stay in a health services establishment for over 12 hours?
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Which of the following is NOT an example of when a child's security and development are in danger?
Which of the following is NOT an example of when a child's security and development are in danger?
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What is the maximum duration for which a motion for authorized confinement can be granted?
What is the maximum duration for which a motion for authorized confinement can be granted?
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Under what circumstance can the Public Curator act as the Mise-en-cause?
Under what circumstance can the Public Curator act as the Mise-en-cause?
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What must be confirmed in a psychiatric examination report for confinement to be deemed necessary?
What must be confirmed in a psychiatric examination report for confinement to be deemed necessary?
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What criterion must the court confirm before authorizing confinement based on psychiatric reports?
What criterion must the court confirm before authorizing confinement based on psychiatric reports?
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What is one of the significant considerations for judges in granting motions for authorized confinement?
What is one of the significant considerations for judges in granting motions for authorized confinement?
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What is the purpose of the 'Mise-en-cause' in the confinement process?
What is the purpose of the 'Mise-en-cause' in the confinement process?
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When can delays in serving a motion for confinement be abridged?
When can delays in serving a motion for confinement be abridged?
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What is the primary focus of Art 29 CCQ in terms of a psychiatric examination report?
What is the primary focus of Art 29 CCQ in terms of a psychiatric examination report?
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What is the key aspect of the rights outlined in the Act Respecting Health Services and Social Services (LSSSS)?
What is the key aspect of the rights outlined in the Act Respecting Health Services and Social Services (LSSSS)?
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Which article of the LSSSS allows patients to choose their medical professional?
Which article of the LSSSS allows patients to choose their medical professional?
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What challenge arises from limited health sector budgets and an aging population according to the provided content?
What challenge arises from limited health sector budgets and an aging population according to the provided content?
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Which of the following is NOT a right guaranteed by the LSSSS?
Which of the following is NOT a right guaranteed by the LSSSS?
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In cases where patient rights are in conflict, what is one legal case referenced that provides insight?
In cases where patient rights are in conflict, what is one legal case referenced that provides insight?
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What does Article 15 of the LSSSS specifically guarantee for patients?
What does Article 15 of the LSSSS specifically guarantee for patients?
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What is a central obligation of health institutions concerning patient rights under LSSSS?
What is a central obligation of health institutions concerning patient rights under LSSSS?
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What primary goal does LSSSS aim to address within the healthcare system?
What primary goal does LSSSS aim to address within the healthcare system?
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Flashcards
Provisional Confinement
Provisional Confinement
Temporary confinement in a health or social services institution for psychiatric assessment, ordered by a court if a person is deemed a danger to themselves or others.
Immediate Danger
Immediate Danger
A person poses a risk of harm to themselves or others, requiring immediate intervention.
Psychiatric Examination (1st)
Psychiatric Examination (1st)
Initial mental health evaluation required within 24 hours of confinement.
Psychiatric Examination (2nd)
Psychiatric Examination (2nd)
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Court Order
Court Order
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Physician's/Interested Party's Application
Physician's/Interested Party's Application
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Preventive Confinement
Preventive Confinement
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Mental State Danger
Mental State Danger
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Preventive confinement duration
Preventive confinement duration
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Court order for extension
Court order for extension
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Informed Consent for Psychiatric Evaluation
Informed Consent for Psychiatric Evaluation
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Restriction on Doctor's Power (Confinement)
Restriction on Doctor's Power (Confinement)
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Patient Danger Justification
Patient Danger Justification
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Motion for Confinement Time
Motion for Confinement Time
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PSY Report Content (Art 29 CCQ)
PSY Report Content (Art 29 CCQ)
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Court Authorization (Art 30 CCQ)
Court Authorization (Art 30 CCQ)
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Motion Service Time (Art 396 CCP)
Motion Service Time (Art 396 CCP)
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Mise-en-cause
Mise-en-cause
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Public Curator
Public Curator
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Judge's Discretion (Confinement)
Judge's Discretion (Confinement)
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2 Psychiatric Reports Needed
2 Psychiatric Reports Needed
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Confinement exceeding 21 days
Confinement exceeding 21 days
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Psychiatric Examinations
Psychiatric Examinations
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Patient Rights (Confinement)
Patient Rights (Confinement)
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Application for Confinement
Application for Confinement
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Patient Testimony in Confinement
Patient Testimony in Confinement
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Communication Rights
Communication Rights
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Patient Appeal Options
Patient Appeal Options
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Consent to Care during Confinement
Consent to Care during Confinement
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Limited healthcare resources
Limited healthcare resources
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Patient rights (LSSSS)
Patient rights (LSSSS)
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Continuity of care
Continuity of care
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Personalized care
Personalized care
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Safe care environment
Safe care environment
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Right to choose professional
Right to choose professional
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Resource allocation tensions
Resource allocation tensions
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LSSSS (Act Respecting Health Services and Social Services)
LSSSS (Act Respecting Health Services and Social Services)
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Reporting Child Abuse (Signalement)
Reporting Child Abuse (Signalement)
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Child Abuse Examples
Child Abuse Examples
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Possible Child Danger (Section 38.1)
Possible Child Danger (Section 38.1)
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Minors (Under 14) Consent
Minors (Under 14) Consent
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Minors (Over 14) Consent
Minors (Over 14) Consent
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Court Order (Minors)
Court Order (Minors)
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Emergency Consent (Minors)
Emergency Consent (Minors)
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Duty to Report (Signalement)
Duty to Report (Signalement)
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Study Notes
Law 2 - Confinement, Privacy & Confidentiality, and Resources
- Course: NUR1 424 – Fall 2024
- Lecturer: Daria Kapnik
Plan
- Authorization for Treatment:
- Recap of Court Orders under CCQ
- Treatment order
- Confinement Law:
- General Principles
- Parameters
- Types of Confinement (Preventive, Provisional, Authorized)
- Rights of the person under confinement
- Potential issues in confinement
- Privacy, Confidentiality and Resources:
- Patient access and medical records (General, Deceased patients, Privacy, confidentiality and care issues regarding minors)
- Management of Limited Resources and Patient Rights (Key Provisions, Caselaw)
Outline
- Authorization for Treatment:
- Recap of Court Orders under CCQ (situations for obtaining court orders)
- Art. 16 CCQ: person of full age incapable of giving consent refuses care
- Art. 16 CCQ: no delegate for consent or refuses without justification
- Art. 16 CCQ: Minor over 14 refuses care
- Arts. 17/18 CCQ: Care entails serious risk for minor's health
- Confinement in an Institution:
- General Principles (Confinement is exceptional; person is a serious and imminent danger to themselves or others)
- Types of Confinement (Voluntary, Forced - Preventive, Provisional, Authorized)
- Locations for confinement (local community service centre, hospital)
- Preventive Confinement (no court order, ordered by physician, dangerous to oneself or others; immediate and grave danger)
- Prevenitive Confinement - further process (72-hour period, physicians conclusion of danger, court order for extension, provisional confinement, psychiatric examination, ideally within 24 hours)
- Section 8 Act P-38 (peace officer action)
- Section 23 Act P-38 and more pressing medical emergencies, hospital responsibilities
- Confinement in an Institution - Types of Confinement (cont'd):
- No one may be confined without consent or authorization by law (CCQ 26 par 1) or by a court
- Specifics for 'Grave or important danger' to ensure it's detailed, specific and precise
- Confinement in an Institution - Types of Confinement (cont'd):
- (Preventive Confinement cont'd)
- Assessment and authorization within 72 hours
- Confinement in an Institution - Provisional Confinement:
- Person must present a danger (grave or serious potential danger) to themselves or others
- Court order required
- Obtained for evaluation if patient refuses evaluation
- Confinement in an Institution - Provisional Confinement (cont'd):
- For situations outside of a hospital
- Court action to force psychiatric examination - required (Art. 28 CCQ)
- Court Order if immediate danger
- Confinement in an Institution - Provisional Confinement (cont'd):
- Procedures for the initial process
- Timing for completion of 1st/2nd examination/
- Confinement in an Institution- types of confinement (cont'd) :
- Initial 48-hour limits (review and renewal)
- 96-hour review after initial confinement
- Confinement in an Institution - Motion for Authorized Confinement - Process: -Physician's conclusion about the need for confinement -Court presentation within 48 hours
- Confinement in an Institution - Motion for Authorized Confinement - Process (cont'd):
- Court procedures (2 days for service of the motion)
- Patient’s family, close friend, or Public Curator if needed
- Confinement in an Institution - Motion for Authorized Confinement - Duration:
- Maximum 30 days
- Other time frames if necessary -Release as soon as not dangerous to self or others
- Confinement in an Institution - Motion for Authorized Confinement - PSY content:
- Psychiatric examination report specifics
- Necessity for confinement, ability to care for themselves/administer property, need for protective supervision
- Confinement in an Institution - Motion for Authorized Confinement - Court order criteria: -Confinement only if both reports conclude it's necessary -Court needs serious reason to believe in danger
- Confinement in an Institution - Motion for Authorized Confinement - Court order criteria (cont'd): -Judge’s discretion in these matters -Detailed reports needed
- Confinement in an Institution - Motion for Authorized Confinement - Renewal:
- Extension possible, up to 90 days more -New psychiatric examination required
- Confinement in an Institution - Motion for Confinement - End of Confinement: -Confinement ends without formality -Conditions for ending confinement: physician's certificate, time expiration, court decision on confinement (order)
- Confinement in an Institution - Motion for Confinement - Longer Confinement (Section 10 of Act P-38): -Examination required every 21 days if longer than 21 days, every 3 months.
- Confinement in an Institution - Rights of the person under confinement:
-Review of rights (Schedule of P-38) , need for service of application ,exception for clinical
- Testimony needed unless otherwise not possible
- Right to communication with outside, counsel (at all stages)
- Confinement in an Institution - Rights of the person under confinement (cont'd):
- Information about the program of care
- Right to appeal (Tribunal Administratif, Court of Appeal)
- Confinement in an Institution - Potential issues in confinement:
- Consent to care during confinement still needed (through the Superior Court)
- Restraints (only if ordered or emergency)
- AWOL (lack of communication with DPS office which could result in forced return to hospital)
- Caselaw:
- Charles Le Moyne v. E(F) (CQ)
- CSSS Côte-de-Gaspé, P(C) (CQ)
- Hôpital Maisonneuve-Rosemont c. H(M) (CQ)
- J.M. c. Hôpital Jean-Talon du (CIUSSS) du Nord-de-l'Île-de-Montréal (2018 QCCA 378)
- Privacy - Patient Access and Medical Records:
- Patient's right to access health information. -limitations
- Rights for Deceased Patients. – legal representatives of a deceased person may access the record.
- Privacy, Confidentiality and Care Issues Regarding Minors:
- Parental Access
- Access by other bodies, Statutory duties of disclosure
- Management of Limited Resources and Patient Rights:
- Rights and obligations (LSSSS)
- Conflicts and Caselaw (Jasmin v Cité de la santé de Laval (AZ-90021046), Noël-Voizard, JO v. Hôpital Royal Victoria) (related to access or denial of certain services, and possible discriminatory practices)
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Description
This quiz covers essential questions regarding psychiatric law, specifically focusing on preventative confinement. It addresses consent, court orders, and the obligations of healthcare providers and physicians in these scenarios. Test your knowledge on the regulations surrounding psychiatric evaluations and confinement durations.