Definitions. Absent Without Leave (AWOL) whilst on a Community Treatment Order (CTO), Recall to Hospital from a Community Treatment Order. The Mental Health Act (MHA) Code of Practice is still not being used as it was intended to be, with variation in providers’ understanding of the Code and how it should be applied. The Mental Health Act sets out the powers and obligations of psychiatric facilities in Ontario. This leave is often … Uncommonly, where the period in the general hospital is likely to be extended, the detention may be formally transferred to that hospital under Section 19. endobj Alberta’s Mental Health Act was enacted to provide safeguards, supports and supervision, for people suffering from mental disorder. In my opinion this patient is not suffering from a mental … Mental Health Act. This Act may be cited as the Mental Health (Compulsory Assessment and Treatment) Act 1992. You are likely to be asked to keep to certain conditions, like returning on a certain day and time, or staying at a particular place or in the care of a particular person. MENTAL HEALTH ACT S.N.W.T. The duty to provide aftercare also applies if you are given section 17 leave or are under a community treatment order . %PDF-1.5 Under section 117, health authorities and local social services have a legal duty to provide free aftercare for people who have been discharged under Mental Health Act sections 3, 37, 45A, 47 or 48. 2019, c. 15, Sched. Section 17 leave may be used to grant shorter periods of leave from hospital in the build up to discharging patients on to a CTO, but they are distinct legal concepts. 1 In this regulation: "Act" means the Mental Health Act; "chair" means a chair of a review panel appointed under section 24.1 (2) (c) of the Act; "health authority" means (a) a board designated under the Health Authorities Act, (b) a board of a hospital as defined by section 1 of the Hospital Act, or MOJ Ministry of Justice: the government department responsible for patients detained The incapable person’s representative appointed by the CCB under section 33, if the representative has authority to give or refuse consent to the treatment. Change made by Mental Health Act 2007. stream This bibliography was generated on Cite This For Me on Friday, April 1, 2016 4 0 obj Where the RC is on annual leave or otherwise unavailable, permission can only be granted by the approved clinician who is for the time being in charge of the patient’s treatment and who is, therefore, temporarily acting as the patient’s RC. Relative/Carers must be made aware of whom to contact if any concerns arise during the period of leave. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 17 - 01/12/2000. This Act may be cited as the Mental Health Care and Treatment Act. Last amendment: 2015, c. 36, s. 1-16. The following sections of MHA 1983 refer to admitting and treating people who are mentally disordered at hospital. 3 0 obj Under certain conditions, police officers in Ontario have the authority to 'take someone into custody to an appropriate place for examination by a physician,' according to Police Powers (Section 17) of Ontario's Mental Health Act : This is the hospital which is named in the application or order which provides authority for the patient’s detention. Please ask if you … See section 17E for more on the relationship between conditions and exercise of powers of recall. 2018,c.18 MODIFIÉE PAR L.T.N.-O. ( Log Out /  Create a free website or blog at WordPress.com. Any cases with a hyperlink to this legislation will automatically be added here. endobj Change ), You are commenting using your Twitter account. It became law on July 3, 2007. The Act also applies to individuals on leave from a facility as well as individuals under Orders of Committeeship living in the community. Change ). Health Information Protection Act, 2004 2 0 obj Section 2 lasts for up to 28 days and is for assessment and treatment. Section 17 leave should not be confused with discharging a patient subject to a Community Treatment Order (CTO) which is granted under section 17A of the Mental Health Act. Sections 3, 37, 47 or 48 can be placed on a Community Treatment Order (CTO) under section 17A of the Mental Health Act 1983. <> ( Log Out /  You should only be detained under the Mental Health Act if there are no other ways to keep you, or others, safe. Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic has been published by NHS England/Improvement (second version 19 May) on the impact of COVID-19 on the use of the Mental Health Act 1983 (England and Wales).A summary of its contents is provided on this page. The intention of this regulation is that CQC is notified of the death or unauthorised absence of a person in any location who is liable to be detained under the Mental Health Act 1983 so that CQC can take follow-up action where needed. 2015,c.26 In force September 1, 2018 SI-006-2018 LOI SUR LA SANTÉ MENTALE L.T.N.-O. 18 Judge to examine patient where compulsory treatment order sought (1) Where an application is made under section … MENTAL HEALTH CARE ACT 17 OF 2002 [ASSENTED TO 28 OCTOBER 2002] [DATE OF COMMENCEMENT: 15 DECEMBER 2004] (English text signed by the President) as amended by Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 Judicial Matters Amendment Act 55 of 2002 Regulations under this Act GENERAL REGULATIONS (GN R1467 in GG 27117 of 15 December 2004) ACT … This can only happen if you have a mental disorder that puts you, or others, at risk. Changes to Legislation. Change ), You are commenting using your Facebook account. In reality, most conditions set expectations for a patient, rather than hard and fast rules, since their breach is not of itself a ground for recalling a patient to hospital. Section 17 leave is the power of a patient’s responsible clinician to grant, detained patients, leave from the hospital. There are changes that may be brought into force at a future date. 1. 2015, ch. Changes to legislation: Mental Health Act 1983, Section 17 is up to date with all changes known to be in force on or before 24 October 2020. The Mental Health Act of Manitoba sets out in law the admission and treatment requirements for patients in psychiatric facilities. Section 17: leave of absence (DOC) Published by Her Majesty’s Prison & Probation Service, 22 February 2017 The guidance covers work with restricted patients detained in hospital and the Policy on section 17 leave. There may be other relevant cases without a hyperlink, so please check the mental health case law page. 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