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Mental Health Act

R.R.O. 1990, REGULATION 741

GENERAL

Consolidation Period: From November 1, 2004 to the e-Laws currency date.

Last amendment: O.Reg. 331/04.

This is the English version of a bilingual regulation.

CONTENTS

   

Sections

 

Definition

1

 

Standards

2-5

 

Returns

6

 

Application of Parts II and III of Act

7

 

Bringing Information before Justice under Section 16

7.1

 

Taking into Custody by Facility

7.2

 

Community Treatment Orders

7.3-7.4

 

Absence without Authorization

8

 

Board

9-12

 

Forms

13

 

Rights Advice

14-14.3

 

Rights Advice for Patients Found Incapable with Respect to Treatment of a Mental Disorder

15

 

Rights Advice for Patients Determined Incapable of Consenting to the Collection, Use or Disclosure of Personal Health Information under the Personal Health Information Protection Act, 2004

15.1

 

Explanation by Rights Advisers

16

Form 1

Application by physician for psychiatric assessment

 

Form 2

Order for examination (section 16)

 

Form 3

Certificate of involuntary admission

 

Form 4

Certificate of renewal

 

Form 6

Order for attendance for examination

 

Form 8

Order for admission

 

Form 13

Order to admit a person coming into ontario

 

Form 45

Community treatment order

 

Form 47

Order for examination (subsections 33.3 (1) and 33.4 (3))

 

Definition

1. In this Regulation,

“psychiatric facility” means a facility that the Minister designates as such under section 80.2 of the Act. O. Reg. 616/00, s. 1.

Standards

2. Plans and specifications for the creation, establishment, construction, alteration or renovation of a psychiatric facility shall be submitted to the Minister for approval. R.R.O. 1990, Reg. 741, s. 2.

3. Revoked: O. Reg. 616/00, s. 2.

4. (1) Unless exempted therefrom by the Minister under subsection 80.2 (1) of the Act, every psychiatric facility shall offer a program that includes the following essential services:

1. In-patient services.

2. Out-patient services.

3. Day care services.

4. Emergency services.

5. Consultative and educational services to local agencies. O. Reg. 616/00, s. 3 (1).

(2) Any alteration in the program of a psychiatric facility that limits or restricts any of the essential services listed in subsection (1) shall be submitted to the Minister for approval. R.R.O. 1990, Reg. 741, s. 4 (2).

(3) The list of psychiatric facilities designated by the Minister, their classifications, as well as any exemption from the requirement to provide the essential services mentioned in subsection (1), is available on the Internet through the website of the Ministry of Health and Long-Term Care. O. Reg. 616/00, s. 3 (2); O. Reg. 331/04, s. 1.

5. The observation, care and treatment of patients of a psychiatric facility shall be under the direction and supervision of a psychiatrist except at the Woodstock General Hospital and the St. Joseph’s Care Group, Westmount St. Site, in Thunder Bay. O. Reg. 616/00, s. 4.

Returns

6. (1) The Minister may require a psychiatric facility to furnish any returns, reports and information that the Minister may consider necessary from time to time. O. Reg. 331/04, s. 2.

(2) A psychiatric facility shall comply with a requirement of the Minister under subsection (1). O. Reg. 331/04, s. 2.

Application of Parts II and III of Act

7. The psychiatric facilities designated by the Minister as belonging to the class of facilities not required to provide in-patient services are exempt from the application of,

(a) Part II of the Act, except sections 35 and 35.1; and

(b) Part III of the Act. O. Reg. 616/00, s. 5; O. Reg. 331/04, s. 3.

Bringing Information before Justice under Section 16

7.1 For the purposes of section 16 of the Act, information on oath may be brought before a justice of the peace orally or in writing, and may include documents and other recorded materials relevant to the subject matter of the proceeding O. Reg. 616/00, s. 6.

Taking into Custody by Facility

7.2 (1) Where a person is taken to a psychiatric facility under section 33 of the Act, the officer in charge or his or her delegate shall ensure that a decision is made as soon as is reasonably possible as to whether or not the facility will take custody of the person. O. Reg. 616/00, s. 6.

(2) The staff member or members of the psychiatric facility responsible for making the decision shall consult with the police officer or other person who has taken the person in custody to the facility. O. Reg. 616/00, s. 6.

(3) A staff member designated for this purpose shall communicate with the police officer or other person about any delays in the making of the decision. O. Reg. 616/00, s. 6.

(4) Where a decision is made to take the person into custody, the designated staff member shall promptly inform the police officer or other person of the decision. O. Reg. 616/00, s. 6.

Community Treatment Orders

7.3 A physician is qualified to issue or renew a community treatment order if he or she is,

(a) a psychiatrist;

(b) a physician who practises in the area of mental health; or

(c) a physician who is an employee or staff member of a psychiatric facility. O. Reg. 616/00, s. 6.

7.4 Where a physician issues an order for examination under subsection 33.3 (1) or 33.4 (3), the physician shall ensure that the police,

(a) have complete and up-to-date information about the name, address and telephone number of the physician responsible for completing the examination required under the order and, if the information changes, shall provide the police with the changed information; and

(b) are immediately notified if the person subject to the order voluntarily attends for the examination or, for any other reason, the order is revoked prior to its expiry date. O. Reg. 616/00, s. 6.

Absence without Authorization

8. (1) Where the absence without authorization of a patient who is subject to detention in a psychiatric facility becomes known to the officer in charge, he or she shall forthwith issue an order for return in the approved form and notify the appropriate law enforcement authorities. O. Reg. 616/00, s. 7.

(2) Where the officer in charge has issued an order for return and has notified the appropriate law enforcement authorities, he or she shall notify those authorities forthwith if the patient returns or if the patient does not return and is deemed discharged from the facility under subsection 28 (4) of the Act. O. Reg. 616/00, s. 7.

Board

9. The officer in charge shall complete and transmit to the Board a notice in the approved form of the filing of a fourth certificate of renewal or a subsequent fourth certificate of renewal respecting a patient. R.R.O. 1990, Reg. 741, s. 9; O. Reg. 15/95, s. 2 (2); O. Reg. 616/00, s. 8.

10. Every psychiatric facility in respect of which the Board has jurisdiction shall provide applications for review and envelopes pre-addressed to the Board having jurisdiction and an application and envelope shall be furnished forthwith to any person who requests them. R.R.O. 1990, Reg. 741, s. 10; O. Reg. 15/95, s. 3.

11. Revoked: O. Reg. 15/95, s. 4.

12. Revoked: O. Reg. 616/00, s. 9.

Forms

13. (1) An application under subsection 15 (1) or (1.1) of the Act shall be in Form 1. O. Reg. 616/00, s. 10.

(2) An order under subsection 16 (1) or (1.1) of the Act shall be in Form 2. O. Reg. 616/00, s. 10.

(3) A certificate of involuntary admission shall be in Form 3. O. Reg. 616/00, s. 10.

(4) A certificate of renewal shall be in Form 4. O. Reg. 616/00, s. 10.

(5) An order under subsection 21 (1) of the Act shall be in Form 6. O. Reg. 616/00, s. 10.

(6) An order under subsection 22 (1) of the Act shall be in Form 8. O. Reg. 616/00, s. 10.

(7) An order to admit a person coming into Ontario under subsection 32 (1) of the Act shall be in Form 13. O. Reg. 616/00, s. 10.

(8) A community treatment order under subsection 33.1 (2) of the Act shall be in Form 45. O. Reg. 616/00, s. 10.

(9) An order for examination under subsection 33.3 (1) or 33.4 (3) of the Act shall be in Form 47. O. Reg. 616/00, s. 10.

(10) Where the Minister approves a form and requires its use under section 80.1 of the Act, the form shall be available on the Internet through the website of the Ministry of Health and Long-Term Care. O. Reg. 616/00, s. 10; O. Reg. 331/04, s. 4.

Rights Advice

14. (1) The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in each psychiatric facility designated as an institution under the Mental Hospitals Act and may revoke such a designation. O. Reg. 616/00, s. 11.

(2) A psychiatric facility that is not an institution under the Mental Hospitals Act shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act in the facility. O. Reg. 616/00, s. 11.

(3) A psychiatric facility acting under subsection (2) may designate a person or persons or a category of persons designated by the Minister under subsection (1) but on doing so the facility shall inform the Minister of the designation. O. Reg. 616/00, s. 11.

(4) A psychiatric facility may revoke a designation made under subsection (3). O. Reg. 616/00, s. 11.

(5) A designation or revocation by a psychiatric facility shall be made on its behalf by the officer in charge. O. Reg. 616/00, s. 11.

14.1 The Minister shall designate one or more persons or categories of persons to perform the functions of a rights adviser under the Act with respect to a person who is being considered for the issuance or renewal of a community treatment order where the person is not a patient in a psychiatric facility and may revoke such a designation. O. Reg. 616/00, s. 11.

14.2 Only persons who meet the following requirements may be designated to perform the functions of a rights adviser under the Act whether in a psychiatric facility or with respect to a person who is being considered for the issuance or renewal of a community treatment order:

1. The person must be knowledgeable about the rights to apply to the Board provided under the Act, the Health Care Consent Act, 1996 and the Personal Health Information Protection Act, 2004.

2. The person must be knowledgeable about the workings of the Board, how to contact the Board and how to make applications to the Board.

3. The person must be knowledgeable about how to obtain legal services.

4. The person must have the communications skills necessary to perform effectively the functions of a rights adviser under the Act.

5. The person must have successfully completed a training course for rights advisers approved by the Minister and have been certified as having completed such a course. O. Reg. 616/00, s. 11; O. Reg. 331/04, s. 5.

14.3 (1) A physician who is considering issuing or renewing a community treatment order for a person under section 33.1 of the Act shall give notice of his or her intention in the approved form to the person, the person’s substitute decision-maker, if any, and to a rights adviser. O. Reg. 616/00, s. 11.

(2) A rights adviser who receives notice under subsection (1) shall promptly,

(a) provide rights advice to the person unless the person refuses the provision of rights advice;

(b) provide rights advice to the person’s substitute decision-maker, if any. O. Reg. 616/00, s. 11.

(3) The rights adviser shall explain to the person and the substitute decision-maker, if any, the requirements for the issuance or renewal of a community treatment order, the significance of such an order, including any obligations that the person or the substitute decision-maker may be required to meet under the order. O. Reg. 616/00, s. 11.

(4) Where a rights adviser who receives notice under subsection (1) believes that it is in the best interest of the person to receive rights advice from another rights adviser, he or she shall ensure that a second rights adviser provides such advice. O. Reg. 616/00, s. 11.

(5) Where a rights adviser provides rights advice to the person and the substitute decision-maker, if any, the rights adviser shall promptly provide confirmation of that fact to the physician in the approved form. O. Reg. 616/00, s. 11.

(6) Where a person refuses the provision of rights advice, the rights adviser shall promptly provide confirmation of that fact to the physician in the approved form. O. Reg. 616/00, s. 11.

Rights Advice for Patients Found Incapable with Respect to Treatment of a Mental Disorder

15. (1) If a person who has been admitted to a psychiatric facility as a patient is 14 years old or older and if the person’s attending physician proposes treatment of a mental disorder of the person and finds that the person is incapable with respect to the treatment within the meaning of the Health Care Consent Act, 1996, the attending physician shall ensure that,

(a) the person is promptly given a written notice indicating that he or she has been found by the attending physician to be incapable with respect to the treatment; and

(b) a rights adviser is promptly notified of the finding of incapacity. O. Reg. 103/96, s. 3.

(2) A rights adviser who is notified of a finding of incapacity shall promptly meet with the person who has been found incapable and shall explain to the person the significance of the finding and the right to apply to the Board under the Health Care Consent Act, 1996 for a review of the finding. O. Reg. 103/96, s. 3.

(3) Subsection (2) does not apply if the person who has been found incapable refuses to meet with the rights adviser. O. Reg. 103/96, s. 3.

(4) At the request of the person who has been found incapable, the rights adviser shall assist him or her in applying to the Board under the Health Care Consent Act, 1996 for a review of the finding and in obtaining legal services. O. Reg. 103/96, s. 3.

(5) This section does not apply if,

(a) the person has a guardian of the person appointed under the Substitute Decisions Act, 1992 who has authority to give or refuse consent to the treatment;

(b) the person has an attorney under a power of attorney for personal care given under the Substitute Decisions Act, 1992, the power of attorney contains a provision waiving the person’s right to apply to the Board for a review of the finding of incapacity and the provision is effective under subsection 50 (1) of the Substitute Decisions Act, 1992;

(c) the person is in a coma, is unconscious, is semi-conscious or is unable to communicate comprehensibly despite reasonable efforts to understand the person; or

(d) the attending physician is of the opinion that there is an emergency within the meaning of subsection 25 (1) of the Health Care Consent Act, 1996. O. Reg. 103/96, s. 3.

(6) If a rights adviser has met with a person who was admitted to a psychiatric facility and was found incapable with respect to a treatment of a mental disorder, and if the rights adviser has provided the person with the explanation required by subsection (2), this section does not apply to any subsequent finding of incapacity made in respect of the person during his or her stay in the facility pursuant to that admission, whether the subsequent finding is made in relation to the same treatment or a different treatment. O. Reg. 103/96, s. 3.

Rights Advice for Patients Determined Incapable of Consenting to the Collection, Use or Disclosure of Personal Health Information under the Personal Health Information Protection Act, 2004

15.1 (1) If a person who has been admitted to a psychiatric facility as a patient is 14 years old or older and if the officer in charge of the psychiatric facility determines that the person is incapable of consenting to a collection, use or disclosure of personal health information within the meaning of the Personal Health Information Protection Act, 2004, the officer in charge of the psychiatric facility shall ensure that,

(a) the person is promptly given a written notice indicating that he or she has been determined, by the officer in charge, incapable of consenting to the collection, use or disclosure of his or her personal health information; and

(b) a rights adviser is promptly notified of the determination of incapacity. O. Reg. 331/04, s. 6.

(2) A rights adviser who is notified of a determination of incapacity shall promptly meet with the person who has been determined to be incapable and shall explain to the person the significance of the determination and the right to apply to the Board for a review of the determination under subsection 22 (3) of the Personal Health Information Protection Act, 2004 and, where the patient is 16 years old or older, that the patient has the right to apply to the Board for appointment of a representative as set out in subsection 27 (1) of that Act. O. Reg. 331/04, s. 6.

(3) Subsection (2) does not apply if the person who has been determined to be incapable refuses to meet with the rights adviser. O. Reg. 331/04, s. 6.

(4) At the request of the person who has been determined to be incapable, the rights adviser shall assist him or her in applying to the Board for a review of the determination, for appointment of a representative or in obtaining legal services. O. Reg. 331/04, s. 6.

(5) This section does not apply if,

(a) the person has a guardian of the person or a guardian of property appointed under the Substitute Decisions Act, 1992 who has authority, on behalf of the person, to give or refuse consent to the collection, use or disclosure of personal health information;

(b) the person has an attorney under a power of attorney for personal care given under the Substitute Decisions Act, 1992, the power of attorney contains a provision waiving the person’s right to apply to the Board for a review of the determination of incapacity and the provision is effective under subsection 50 (1) of that Act;

(c) the person is in a coma, is unconscious, is semi-conscious or is unable to communicate comprehensibly despite reasonable efforts to understand the person; or

(d) the attending physician is of the opinion that there is an emergency. O. Reg. 331/04, s. 6.

(6) If a rights adviser has met with a person who was admitted to a psychiatric facility and was determined to be incapable of consenting to the collection, use or disclosure of personal health information, and if the rights adviser has provided the person with the explanation required by subsection (2), this section does not apply to any subsequent determination of incapacity with respect to collection, use or disclosure of personal health information made in respect of the person during his or her stay in the facility pursuant to that admission. O. Reg. 331/04, s. 6.

Explanation by Rights Advisers

16. (1) A rights adviser fulfils his or her obligation under this Regulation to explain a matter to a person if the rights adviser explains the matter to the best of his or her ability and in a manner that addresses the person’s special needs, even if the person does not understand the explanation. O. Reg. 103/96, s. 3.

(2) In circumstances other than those described in subsections 14.3 (5) and (6), where a rights adviser is required to explain a matter to a person under the Act, he or she shall provide confirmation that the explanation has been given to the attending physician or the officer in charge, as the case may be, in the approved form. O. Reg. 616/00, s. 12.

SCHEDULES 1-5 Revoked: O. Reg. 616/00, s. 13.

Form 1
APPLICATION BY PHYSICIAN FOR PSYCHIATRIC ASSESSMENT

Mental Health Act

O. Reg. 616/00, s. 14.

Form 2
ORDER FOR EXAMINATION (SECTION 16)

Mental Health Act

O. Reg. 616/00, s. 14.

Form 3
CERTIFICATE OF INVOLUNTARY ADMISSION

Mental Health Act

O. Reg. 616/00, s. 15.

Form 4
CERTIFICATE OF RENEWAL

Mental Health Act

O. Reg. 616/00, s. 15.

FORM 5 Revoked: O. Reg. 15/95, s. 6.

Form 6
ORDER FOR ATTENDANCE FOR EXAMINATION

Mental Health Act

R.R.O. 1990, Reg. 741, Form 6.

FORM 7 Revoked: O. Reg. 15/95, s. 6.

Form 8
ORDER FOR ADMISSION

Mental Health Act

R.R.O. 1990, Reg. 741, Form 8.

FORMS 9-12 Revoked: O. Reg. 15/95, s. 6.

Form 13
ORDER TO ADMIT A PERSON COMING INTO ONTARIO

Mental Health Act

O. Reg. 616/00, s. 15.

FORMS 14-44 Revoked: O. Reg. 15/95, s. 6.

Form 45
COMMUNITY TREATMENT ORDER

Mental Health Act

O. Reg. 616/00, s. 15.

Form 47
ORDER FOR EXAMINATION (SUBSECTIONS 33.3 (1) AND 33.4 (3))

Mental Health Act

O. Reg. 616/00, s. 15.

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