Mental Patients Rights

MENTAL PATIENT’S FACT SHEET MENTAL HEALTH ACT The British Columbia Mental Health Act, provides guidelines for how people with mental health illnesses are treated. VOLUNTARY ADMISSIONS People voluntarily seeking admission to hospital for mental health reasons should request form 1 under the Mental Health Act If you are seeking medical help but are denied treatment you can make complaints to the person in charge of the hospital, the hospital administrator or your local MPP COMMITTAL CRITERIA The physician must have examined the patient and be of the opinion that the patient meets ALL four of the criteria: 1) is suffering from a mental disorder that seriously stops the person’s ability to react appropriately to his or her environment or to associate with others. 2) requires psychiatric treatment in a designated facility. 3) requires care, supervision and control in a designated facility to prevent a person’s mental or physical break down or for the person’s own protection or the protection of others 4) is not suitable as a voluntary patient. One certificate is required to detain you for up to 48 hours. In order to hold you longer, a 2nd medical certificate has to be completed before the end of 48 hours and then you can be held for one month from the date of the 1st certificate. Renewal periods are one month, then three months and then for six months after that. You have the right to appeal each medical certification of commitment MENTAL PATIENT’S RIGHTS Under the Mental Health Act a staff member from a designated facility must immediately, upon admission, verbally inform the person and provide written notification of the following rights: 1)The reasons for hospitalization according to form 13 2)The hospital’s name and location 3)The right to contact a lawyer without delay 4)The right to appeal to the court to see if hospitalization is lawful. 5) The right concerning renewal of involuntary patient status 6) The right to a second medical opinion. 7)The right to apply for a Review Panel Hearing 8)The right to the number of agencies that can provide legal and advocacy services for you 9)The right to have information translated if English is not your first language Some Important MENTAL HEALTH ACT FORMS Form 1-Request for admission (voluntary patient) Form 2-Consent for Treatment (voluntary patient) Form 3-Medical report (examination of person under 16) Form 4-Medical Certificate (involuntary Admission) Form 5-Consent for Treatment (involuntary patient) Form 6-Renewal Certificate Form 7-Application for Review Panel Hearing. Form 11-Request for second medical opinion Form 13 - Notification to Involuntary patient of Rights Under the Mental Health Act Form 14: Notification to Patient Under age 16, Admitted by a Parent or Guardian of Rights under the Mental Health Act Form 19-Certificate of discharge ADVOCACY NUMBERS Mental Health Law Program (604) 525-2615 Mental Health Empowerment Advocates Program (604) 738-5770 To view The Mental Health Act www.qp.gov.bc.ca To view The Mental Health Act Guide www.healthservices.gov.bc.ca To obtain more Mental Patient’s Fact Sheets call End Legislated Poverty 604.879.1209