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| B.C. Reg. 233/99 O.C. 869/99 |
Deposited July 19, 1999 effective November 15, 1999 |
| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
Mental Health Act
[includes amendments up to B.C. Reg. 68/2003]
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1 In this regulation:
"Act" means the Mental Health Act;
"chair" means a chair of a review panel appointed under section 25 (5) (a) of the Act;
"community health services society" means any of the following societies:
(a) the North West Community Health Services Society;
(b) the Cariboo Community Health Services Society;
(c) the Peace Liard Community Health Services Society;
(d) the East Kootenay Community Health Services Society;
(e) the West Kootenay Community Health Services Society;
(f) the Coast Garibaldi Community Health Services Society;
(g) the Upper Island Community Health Services Society;
"health authority" means
(a) a board or council designated under the Health Authorities Act,
(b) a board of a hospital as defined by section 1 of the Hospital Act,
(c) a community health services society, or
(d) any other governing body of a designated facility;
"review panel" means a review panel appointed under section 25 (5) of the Act;
"review panel office" means the office having the following address:
Review Panel Office,
Unit 6, 500 Lougheed Highway,
Port Coquitlam, British Columbia V3C 4J2.
2 (1) The prescribed period for the purposes of the definition of "resident of British Columbia" in section 1 of the Act is 3 months.
(2) The prescribed period for the purposes of section 22 (7) of the Act is 5 days.
3 The health authority responsible for the operation of a designated facility must appoint a person as director of the facility.
4 (1) The daily charge for long term care, treatment and maintenance of a person who is admitted under section 20 of the Act to a Provincial mental health facility, in respect of persons who have attained the age of 19 years, must be calculated as follows and rounded down to the nearest dime:
| 12 | ||
| (OAS + GISs) x |
|
x 0.85 |
| 365 |
where
OAS = the monthly dollar amount of the federal Old Age Security pension;
GISs = the maximum monthly dollar amount of the federal Guaranteed Income Supplement for a single person.
(2) For the purposes of calculating a daily fee under this section
(a) the year is divided into 4 quarters beginning on February 1, May 1, August 1 and November 1 respectively, and
(b) the fee for a day is calculated on the basis of the OAS and GISs as they stand on the first day in the quarter in which the day falls.
5 The director must ensure that a copy of the Act, sections 1 to 10 of this regulation and Forms 13 and 14 is posted in a conspicuous place that is accessible to patients in the designated facility.
6 (1) In this section:
"hearing" means a hearing by a review panel under section 25 of the Act;
"facility" means the designated facility in or through which the patient is receiving treatment;
"patient" means a person entitled to a hearing.
(2) A hearing may be requested only after a second medical certificate respecting the patient is received by the director under section 22 (2) of the Act.
(3) A request for a hearing must be delivered to the director.
(4) On receiving a request for a hearing, the director must deliver it to the review panel office, and if delivered by facsimile or other electronic means, a paper copy must also be delivered.
(5) The prescribed time for the purposes of section 25 (1) (a) of the Act is 14 days after the request for a hearing is delivered to the review panel office.
(6) The prescribed time for the purposes of section 25 (1) (b) and (c) of the Act is 28 days after the request for a hearing is delivered to the review panel office.
(7) A patient who requests a hearing, or a person who requests a hearing on behalf of a patient, must be given at least 2 clear days' notice of the hearing.
(8) Before or during a hearing, on the written request of the chair or a member of the review panel, a person must provide the review panel with all information, records or a report specified in the request and relevant to the hearing.
(9) Despite any rule of law concerning the admissibility of evidence, the review panel may admit and review any evidence that the chair considers relevant to the hearing.
(10) The review panel may proceed with a hearing
(a) subject to subsection (11), despite a defect or apparent defect in any form required under this regulation, and
(b) whether or not the patient has been transferred under section 22 (7) of the Act.
(11) The review panel must not proceed with a hearing if there is a defect or apparent defect in
(a) a medical certificate described in section 22 of the Act respecting the patient, or
(b) a report under section 24 of the Act respecting the patient.
(12) The physician appointed to the review panel by the facility may not make submissions on behalf of the facility concerning the information or reasons that lead the facility to believe the detention of the patient should continue.
(13) Repealed. [B.C. Reg. 79/2001.]
(14) A person who satisfies the review panel that he or she has a material interest in or knowledge of matters relevant to the hearing may give evidence or make submissions at the hearing.
(15) A patient may be represented in a hearing by counsel or an agent who may call witnesses and make submissions on the patient's behalf.
(16) Unless the review panel orders otherwise, the hearing must be held in private.
(17) Records of the proceedings of a hearing must be kept by the review panel office for at least one year.
(18) The chair may
(a) exclude the patient from attendance at the hearing or any part of it, but only if satisfied that the exclusion is in the best interests of the patient, or
(b) make orders respecting the taking, hearing or reproduction of evidence as he or she considers necessary to protect the interests of the patient or any witness.
(19) A patient may, at any time before a hearing begins, do either or both of the following:
(a) withdraw his or her request for the hearing;
(b) make a new appointment to the review panel under section 25 (5) (c) of the Act.
(20) No later than 48 hours after the hearing is completed, the review panel must make a determination described in section 25 (2) of the Act.
(21) After the review panel has made the determination referred to in subsection (20), the chair must, without delay, deliver a copy of it to the director and to the patient or the patient's counsel or agent, and if the patient is to be discharged the director must discharge the patient.
[am. B.C. Reg. 79/2001.]
7 (1) The director must give written notice to the review panel office of any patient to whom section 25 (1.1) of the Act applies.
(2) At the request of a chair, the director must deliver to the chair a copy of the treatment record of a patient referred to in subsection (1).
(3) For the purposes of a review under section 25 (1.1) of the Act, a chair may discuss the patient's treatment and care needs with
(a) the patient's treating physician, or
(b) any other health professional who is providing, or has provided, treatment or care to the patient.
(4) If a hearing is ordered under section 25 (1.1) of the Act respecting a patient, the patient may cancel the hearing at any time before the hearing begins.
8 (1) An examination for the purposes of a second medical opinion requested under section 31 (2) of the Act must be completed as soon as reasonably practicable after the director receives the request.
(2) A physician who provides a second opinion under section 31 (2) of the Act
(a) is not required to have a permit to practice in the designated facility in or through which the patient is detained,
(b) must be given reasonable access to the patient and the patient's treatment record kept by the designated facility, and
(c) must be given a reasonable opportunity to discuss the patient's treatment and care needs with the patient's treating physician.
(3) A second medical opinion must be delivered to the director no later than 2 clear days after the examination referred to in subsection (1) is completed.
(4) A designated facility is not required to reimburse a patient, or a person acting on behalf of a patient, for expenses incurred by the patient or person in connection with obtaining a second medical opinion under section 31 (2) of the Act.
9 (1) Subject to subsection (2), a patient may not be released under section 37 of the Act unless the leave is first authorized by the director, or a physician authorized by the director, in the form specified under section 11 (20) of this regulation.
(2) Authorization in the form referred to in subsection (1) is not required if a patient is released on leave on conditions that include a requirement that the patient return to the designated facility in a period of 14 days or less after the date of release.
(3) The director may, in writing, authorize a physician to exercise any of the following powers or carry out any of the following duties in relation to a patient released on leave:
(a) care, supervision, treatment, maintenance or rehabilitation of the patient;
(b) completion of a medical report to authorize renewal of the patient's detention;
(c) amending the patient's conditions of leave;
(d) recalling the patient;
(e) discharging the patient.
(4) A physician authorized under subsection (3) need not have a permit to practice in the designated facility.
(5) A patient may not be recalled unless a director referred to in section 39 of the Act, or a physician authorized by the director, is satisfied from an examination of the patient, personal observations or information received that the patient
(a) requires treatment in a designated facility,
(b) requires care, supervision and control in a designated facility to prevent the patient's substantial mental or physical deterioration or for the protection of the patient or the protection of others, and
(c) will not voluntarily return to a designated facility.
10 (1) A judge or justice of the peace referred to in section 28 (3) of the Act may order that an application under that section may be made without using the form specified under section 11 (9) of this regulation for that application.
(2) If a judge or justice of the peace referred to in section 28 (3) of the Act is satisfied that public knowledge of an application under that section could reasonably be expected to result in a significant risk of harm to any person's safety or mental or physical health, the judge or justice may order that the application must not be disclosed to any person other than a person authorized by a designated facility to which the person who is the subject of the application is or may be admitted.
11 (1) An application for admission to a designated facility under section 20 of the Act must be in Form 1.
(2) A consent for treatment for a patient admitted to a designated facility under section 20 of the Act must be in Form 2.
(3) A medical report on the review of continued hospitalization of a person under 16 years of age under section 20 of the Act must be in Form 3.
(4) A medical certificate under section 22 (3) of the Act must be in Form 4.
(5) A consent for treatment for a patient admitted under section 22, 28, 29 or 42 of the Act must be in Form 5.
(6) A medical report to authorize renewal of detention under section 24 (2) of the Act must be in Form 6.
(7) An application for a hearing under section 25 of the Act must be in Form 7.
(8) A review panel determination under section 25 of the Act must be in Form 8.
(9) Subject to section 10 (1) of this regulation, an application under section 28 (3) of the Act must be in Form 9.
(10) A warrant under section 28 (4) of the Act must be in Form 10.
(11) A request under section 31 (2) of the Act must be in Form 11.
(12) A second medical opinion under section 31 (2) of the Act must be in Form 12.
(13) A notice under section 34 of the Act must be in Form 13.
(14) A notice under section 34.1 of the Act must be in Form 14.
(15) A nomination of a near relative for the purposes of section 34.2 of the Act must be in Form 15.
(16) A notice under section 34.2 (1) of the Act must be in Form 16.
(17) A notice under section 34.2 (2) (a) of the Act must be in Form 17.
(18) A notice under section 34.2 (2) (b) of the Act must be in Form 18.
(19) A certificate of discharge under section 36 of the Act must be in Form 19.
(20) Subject to section 9 (2) of this regulation, an authorization for release on leave under section 37 of the Act must be in Form 20.
(21) A warrant under section 39 or 41 of the Act must be in Form 21.
Form 1: Mental Health Act
[Section 20, R.S.B.C. 1996, c.288]
Form 2:Mental Health Act
[Section 20, R.S.B.C. 1996, c.288]
Form 3: Mental Health Act
[Section 20, R.S.B.C. 1996, c.288]
Form 4: Mental Health Act
[Section 22, 28, 29 and 42, R.S.B.C. 1996, c.288]
Form 5: Mental Health Act
[Section 8 and 31, R.S.B.C. 1996, c.288]
Form 6: Mental Health Act
[Section 24, R.S.B.C. 1996, c.288]
Form 7: Mental Health Act
[Section 25, R.S.B.C. 1996, c.288]
Form 8: Mental Health Act
[Section 25, R.S.B.C. 1996, c.288]
Form 9: Mental Health Act
[Section 28, R.S.B.C. 1996, c.288]
Form 10: Mental Health Act
[Section 28, R.S.B.C. 1996, c.288]
Form 11: Mental Health Act
[Section 31, R.S.B.C. 1996, c.288]
Form 12: Mental Health Act
[Section 31, R.S.B.C. 1996, c.288]
Form 13: Mental HealthAct
[Section 34, R.S.B.C. 1996, c.288]
Form 14: Mental HealthAct
[Section 34.1, R.S.B.C. 1996, c.288]
Form 15: Mental Health Act
[Section 34.2, R.S.B.C. 1996, c.288]
Form 16: Mental HealthAct
[Section 34.2, R.S.B.C. 1996, c.288]
Form 17: Mental Health Act
[Section 34.2, R.S.B.C. 1996, c.288]
Form 18:Mental Health Act
[Section 34.2, R.S.B.C. 1996, c.288]
Form 19: Mental Health Act
[Section 36, R.S.B.C. 1996, c.288]
Form 20: Mental Health Act
[Section 37, R.S.B.C. 1996, c.288]
Form 21: Mental Health Act
[Section 39 and 41, R.S.B.C. 1996, c.288]
Note: this regulation replaces B.C. Reg. 155/97
[Provisions of the Mental Health Act, R.S.B.C. 1996, c. 288, relevant to the enactment of this regulation: sections 9 and 43]
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