1 / 32

COLLEGE OF REGISTERED PSYCHIATRIC NURSES OF BRITISH COLUMBIA

COLLEGE OF REGISTERED PSYCHIATRIC NURSES OF BRITISH COLUMBIA. ANNUAL EDUCATION DAY 7 JUNE 2013 THE MENTAL HEALTH ACT OF B.C.: Opportunities and Challenges. GERRIT W. CLEMENTS. Health Law Educator and Consultant Adjunct Professor

fulton-carr
Download Presentation

COLLEGE OF REGISTERED PSYCHIATRIC NURSES OF BRITISH COLUMBIA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. COLLEGE OF REGISTERED PSYCHIATRIC NURSES OF BRITISH COLUMBIA ANNUAL EDUCATION DAY 7 JUNE 2013 THE MENTAL HEALTH ACT OF B.C.: Opportunities and Challenges

  2. GERRIT W. CLEMENTS Health Law Educator and Consultant Adjunct Professor University of Victoria University of Northern British Columbia

  3. “Designated facilities”

  4. WHAT TYPES? DIFFERENCES? (a) provincial mental health facilities (b) psychiatric units (c) observation units

  5. Facility Designation Minister designates What are the powers of health authorities in this respect?

  6. Authority Directors of designated facilities Appointment Delegation processes

  7. How do you know who has authority?

  8. Non-designated hospitalsand Involuntary patients • Responsibility: transportation to • designated facility ASAP • Risk of not transporting

  9. Non-designated hospitalsand Involuntary patients Common law (Mullins and Conway) s. 12 Health Care (Consent) and Care Facility (Admission) Act Occupiers Liability Act?

  10. Non-designated hospitalsand Involuntary patients Forms required for transportation to a designated facility Form 4 - “pink” is valid for 14 days for transportation and admission What use are other forms?

  11. What is your responsibility as an RPN?

  12. BEST PRACTICE On becoming aware of patient (certified as an involuntary patient being detained and treated in non-designated hospital): advise Director and document However, in some hospitals this is not common practice!

  13. Restraints What laws exist in BC with respect to the use of restraints? Who has legal authority to authorize restraints?

  14. Definitions “mental disorder”? personality disorders? addictions?

  15. Involuntary admission criteria (a) serious mental disorder (b) requires psychiatric treatment (c) care/supervision/control to prevent deterioration/protection of self/others (d) unsuitable as voluntary patient.

  16. McCorkell v. RVH What is the continuing significance of this case? What is the meaning of “protection”? How well known? Continuing talk about dangerousness.

  17. Examinations and Forms Meaning of “examination” as laid down by BC Court of Appeal in Mullins v. Levy Time limits for completion of forms. Can physician back-date renewal form? N.B. Role of residents/NPs!!!

  18. SITUATION PENDING CERTIFICATION Mullins v. Levy s. 12 HCCCFAA Occupiers Liability Act

  19. Police Authority “dangerous to health or safety” some police officers insist on necessity for warrants “Feeney warrants”?

  20. Provincial court process AVAILABLE EVERYWHERE?

  21. Patient Rights • Notification of patients’ rights • Whose responsibility to read/explain/present Form 13? • Relationship between MHA and patients’ rights under FOIPPA • Duty to notify near relative

  22. Mental Health Review Board Review panel hearings Presentations on behalf of hospital Can nurse advise or support patient? Advocacy role? Legal aid

  23. Mental Health Review Board Process for annual file review if no review panel hearing held in meantime Waivers

  24. Consent Consent to • psychiatric treatment (WHY NO REFUSAL?) • non-psychiatric treatment N.B.:‘Deemed’ consent (Form 5) • Who signs on behalf of “Director”? .

  25. Substitute Decision-Making Committee of person Representative/TSDM REFUSAL OF TREATMENT? Advance directives? Ulysses agreements

  26. Leaves Visit Extended In BC there are NO “community treatment orders”! What conditions can be justified? ROLE OF OBERVATION UNITS AND MENTAL HEALTH CENTRES

  27. Recalls For “breach” ‘Clock re-set’ if recall after 6 months on extended leave (HOW DOCUMENTED?) Patient must be certifiable – decided by physician Can warrant be signed by a nurse? Are warrants always necessary?

More Related