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{{Dial-A-Law TOC|expanded = health}}
Anyone who wants psychiatric help can ask to be admitted to hospital for psychiatric treatment. The BC ''Mental Health Act'' also allows authorities to send people to hospital even if they don’t want to go. This script explains both cases.
Hospitals can only treat voluntary patients only if the patient consents to the specific treatment. If they are incapable of consenting, someone else can act as a temporary substitute decision maker (TDSMa “TDSM”) to consent for them. It In order of priority, a TDSM could be their spouse, child, parent, brother or , sister, grandparent, grandchild, a any other person related to them by birth or adoption, a close friend, or a person immediately related to them by marriage—in that ordermarriage. The TSDM must be at least 19 years old, must get along with the patient, and must have been in contact with the patient in the past 12 months.
The decision maker could also be the adult’s representative or committee. Check Consult script [[Adults and Consent to Medical Care (Script 428)|428]], called on “Adults and Consent to Medical Care”, for details on consenting to medical treatment and substitute consent. Also check scripts [[Committeeship (Script consult script 426)|426]]on “Committeeship”, called “Committeeship” and [[Power of Attorney and Representation Agreements (Script script 180)|180]], called on “Power of Attorney and Representation Agreements”.
While a voluntary patient may be admitted to any hospital with psychiatric services, involuntary patients can be admitted only to certain hospitals in BC. If a hospital doesn’t have a bed available, they may not be able to admit a the person. In that case, the person would be sent, under supervision, to another hospital that has room.
The hospital director must give the patient written and oral notice that they are being hospitalized—at the start of the hospitalization and at each renewal of it. If the director believes that the patient does not understand the notice, the director must give the notices again as soon as they think the patient can understand it. The written notice must also go to the patient’s near relative (which includes a representative). If there’s no information available on a relative, then the notice must go to the Public Guardian and Trustee.
Yes, because they may not understand or realize that they need psychiatric treatment. If they refuse treatment or are incapable of consenting, the hospital director consents to treatment for them. The patient (or a family member or someone else acting for them) can ask for a second medical opinion on whether the treatment is appropriate.
Some involuntary patients may leave the hospital on extended leave and still have involuntary outpatient treatment that the hospital director authorizes. These patients have the right to periodic hearings by a panel—as if they had stayed in the hospital as involuntary patients.
A panel of three people (including a medical doctor, a lawyer, and a person who is not a doctor or lawyer) performs the review. The panel must hold a hearing within 14 to 28 days after the Review Board receives the application, depending on how long the person in question is being hospitalized for. A patient has the right to have a lawyer, friend, or advocate speak for themon their behalf.
Check the website of the Mental Health Review Board for detailed information.
Seek help from a health professional, a lawyer, or the Mental Health Law Program at the Community Legal Assistance Society—call 604.685.3425 in the lower mainland or 1.888.685.6222 elsewhere in BC.
Check the Ministry of Health website. Specifically, see the “Guide to the Mental Health Act” under the “Mental Health Act” link.
The Mental Health Act is available at www.bclaws.ca.
[updated May 2015]
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