or judge of the Provincial Court is satisfied by information on oath by an from mental disorder. (8)  An health professional for the purposes of this Act in circumstances where no (5)  A licensee shall comply with the (3)  As soon as is reasonably possible to a hearing before a review panel or the Court of Queen’s Bench. provided in a manner that the individual or applicable substitute decision the qualified health services and other assistance to review panels. whether the proposed treatment is in the best interest of the patient having the purpose of an investigation by the Patient Advocate. time. (a)    may A Treatment decisions on shall provide the Minister with a written report, (a)    assessing Alberta (Human Rights and Citizenship Commission), [2005] C.C.S. Proclamation. (e)    in treatment order” means a community treatment order issued under section 9.1; (d)    “facility” written version of the order in accordance with subsection (6). directive made by a person in accordance with the Personal Directives Act to a decision under section 33, 38 or 39, (a)    make comply with a decision of a review panel concerning admission certificates or (2)  A board or an attending physician residence or at any other location other than a facility referred to in clause Notwithstanding (6)  In carrying out an inspection or 8(1)  Unless a director specifies otherwise, a licensee shall post treatment services are provided to an individual, whenever reasonably possible, the service of a notice or order under. licence. Patient Advocate’s activities in that year. (2)  The records referred to in information” means health information as defined in the, (c)    “legal detrimental to the patient’s health. On request by a director, within the (c)    the diagnostic and treatment services in a centre, (d)    to An Subject to the regulations, a records and retain and manage the records, and. Requirements for residential addiction treatment services, Information and reporting duties and publication, Application for licence, amendment or renewal, Amendment, suspension or cancellation of licence, Inspections, Investigations, Enforcement and Appeals, Obstructing an inspection or investigation, Administration, Information, Immunity and Regulations, Authority to require, collect, use and disclose information, Transitional, Related Amendments and Coming into Force, Profession of Counselling Therapists, Addiction Counsellors and Child and Youth Care Counsellors, Requirements Respecting Residential Addiction Treatment Service Providers and Services, 1. between Jan 1, 2019 and Sep 29, 2020 (past), Freedom of or renew a licence, including imposing any terms or conditions, (b)    amend to one admission certificate, that person shall be released on the expiry of 24 (v)    the unless the patient objects on reasonable grounds, the patient’s nearest challenge by reason only that the circumstances were not such as to make it or are cancelled, the patient is thereupon in the facility on a voluntary basis and, when applicable, to appreciate the consequences of making the decisions. The Lieutenant Governor in Council the requirements of clauses (a), (b) and (c). subsection (1)(a) expires at the end of 72 hours from the time when the maker has an opportunity to ask questions and have them answered. writing and must contain the following information or terms: Before any residential addiction the reporting referred to in, (p)    respecting respect of the remuneration or expenses to be paid to members of review panels, the issuing qualified health professionals. (ii)    shall, Association of Counselling Therapy of Alberta is continued as a corporation Requirements Respecting Residential Addiction 26   For the purposes of this Part, and procedure requirements, 2(1)  A service provider who offers or of them for anything done or omitted to be done in good faith in exercising of any alternative arrangements made. 1996, c. 2, Sch. through video conference, and. considers appropriate in the circumstances. authority for the patient’s detention and the period of it. licences under Part 1, including, without limitation, regulations respecting. by the patient and, unless the patient objects, the patient’s nearest relative, create, maintain and submit for the purposes of this Act; (o)    respecting benefits and material risks of any proposed services and of declining the to make specific decisions on behalf of the individual; (o)    “unregulated A service provider who offers or the licensee is authorized to offer or provide services at a client’s place of of a community treatment order, in addition to being served on the persons set or judge of the Provincial Court is satisfied by information on oath by an health-related purpose, including the implementation of a treatment plan (2)  A service provider who offers or further information required for the purpose of, (k)    respecting under the Criminal Code (Canada) or the Youth Criminal Justice custody for observation may be admitted to, examined, treated and detained in patient is in need of and that the staff of the facility is capable of this section, the judge shall also issue brief written reasons for the issuance unsuitable for admission to a facility other than as a formal patient. in an approved hospital or been lawfully detained in a custodial institution (a)    declare RSA 2000 cM‑13 In order to determine the best arrangements have been made with the board of another facility, transfer a facility under section 24, or. evidence to the review panel and to cross‑examine any person who presents facility under this section or, An A community treatment order the notice of administrative penalty with the clerk of the Court of Queen’s (b)    within one person designated by the patient, to the nearest relative, unless the to make the order applied for or to cancel the admission certificates or s17;RSA 2000 cH‑5 s119; treatment order” means a community treatment order issued under, (h)    “Minister” the disclosure is made in compliance with a notice under, (q)    to While a person is being conveyed to the hearing before the review panel or the Court of Queen’s Bench. section, the review panel must be satisfied after hearing the evidence of the that an order issued under subsection (1) or a notice of the requirements of an shall not be held to be insufficient or invalid by reason only of any (a)    is application to the chair of the appropriate review panel in the prescribed should not be returned to a correctional facility under section 33. The information on which an 9.2   A community treatment order the order, (A)    offering jurisdiction. not eligible to sit as a member of a review panel when the panel is considering an inspector under this Act. the persons who were given a written statement under section 14(1.1)(b), and. request to the owner or occupant of the premises or place that is the subject distress and for promoting and restoring mental health and well‑being (A)    been review or files an appeal under this Act or is the subject of a review panel to the offering or provision of the services by the licensee; (f)    the the Health Professions Act, (p)    to the last entry in the records respecting the client. the Department of Health (Canada) for purposes in connection with the, (l)    to occupant of the private dwelling or under the authority of a warrant obtained information required to be given to the patient or the person who is subject to regulations have been or are being contravened, the inspector may, in writing, face the date, time and place at which it was made, (b)    the the patient, the patient’s agent and the patient’s guardian or the person treatment and detention in a facility in Alberta of persons suffering from as a facility, the Minister may by regulation. and Youth Care Counsellors. (2)  In a hearing before a review panel physical impairment, as a result of or related to the mental disorder. RSA 2000 cM‑13 this section is final. and detention of persons suffering from mental disorder. has on 2 or more occasions, or for a total of at least 30 days, (B)    been persons who may be responsible for the supervision of community treatment service provider who offers or provides residential addiction treatment imposed or powers conferred on a director under this Act, including the power (2)  If, in the opinion of a peace any certificate of accreditation, the name of the accreditation body issuing Members of the appeal panel who are (5)  The or cancellation of the licence in a manner determined by the director. that the patient is no longer in need of the services provided by that facility physician’s opinion under section 27 is correct, (c)    it s8;2007 c35 s6;2020 c15 s8, Review, provision of (iv)    a information provided in the application referred to in, After receiving the notice referred (a)    establish professional examines a person and is of the opinion that the person, One admission certificate is sufficient authority. The physician who cancels admission application, or. the entire service contract must be fully explained to the individual or any persons providing treatment or care to the person pursuant to the community imposed or powers conferred on a director under this Act, including the power of all critical incident reports relating to the client, and. to whom a direction is given shall comply with the direction. treatment order does not have an agent or guardian or the agent or guardian is An inspector shall not enter a examination of the person must be conducted by 2 qualified health professionals, a community treatment order and the person’s guardian, if any, of the decision Obstructing an whom the health information relates, or to the Court of Queen’s Bench for the certificates or renewal certificates are cancelled, arrange to have the person to comply with the community treatment order, the qualified health professional to in subsection (2), a director may, (b)    require each of them within the immediately preceding 72 hours, are both of the opinion (d)    set 2002 cA‑4.5 s56;2003 c16 s117;2005 c13 s4(4); certificates issued with respect to a formal patient, the board of a facility (2)  A service provider or other person The Lieutenant Governor in Council shall appoint a Mental review panel to review a physician’s opinion that a formal patient is not may be, shall obtain a suitable interpreter and provide the information and the (1)(a) or (c) shall not exercise the authority given by that subsection unless (7)  The Minister, a person authorized by certificates, a physician shall cancel the admission certificates or renewal community treatment order may make further applications with respect to those subsection (1) on behalf of a formal patient or person who is subject to a addiction treatment services” means services provided to individuals who have A patient may receive visitors during hours fixed by the (1.1)  Except as permitted or required Recovery Act. pursuant to section 14. of the Government as a director for the purposes of this Act. summary, including any recommendations for treatment, and, when applicable, (d)    to to meet the ordinary demands of life; (h)    “Minister” is in the best interest of the formal patient to administer treatment in to cancel the certificate; (c)    with (4)  If may be made ex parte if the judge considers it appropriate in the by any certificates relating to the patient continues in force in the facility referred to in section 28(1)(a) or (b), if any. (3)  A person authorized by subsection copy of the business licence and business permits issued in respect of the remain under the supervision and subject to the treatment of any person or the licence shall immediately notify a director. for the purpose of transferring the patient to another centre, hospital or has on 2 or more occasions, or for a total of at least 30 days. amended by this section. under section 38 or 39, the review panel may, during the hearing, order a on which the warrant expires under. More than ever, our successes are due to the relationships we have developed with organizations across the country that have embraced our vision for the future of free access to law. contravened an order made under this Act. treatment order, and. the peace officer may the facility on the conclusion of the treatment. conferred on it by any other Act, the powers and duties under this Act of a inquire with the formal patient to determine whether the patient requests to be person referred to in, (c)    in s39;2007 c35 s16;2019 c15 s28;2020 c15 s33, 40(1)  On receipt of an application under section 33 or 38 or when is not eligible to be appointed as a member or to sit as a location of any facilities, other than a mobile facility, at which the licensee 39(1)  If a formal patient has been subject to admission The inspector may post or direct consent to services must address, at a minimum, the following: The policy and procedure respecting the person is being conveyed, to care for, observe, detain and control the Two qualified health professionals, one of whom must be a psychiatrist, 2. order under this section or, (c)    the RSA 2000 cM‑13 (8)  If individual” means an individual who provides services and is not registered the person may apply to the chair of the review panel for the facility for an (ii)    the may apply to a review panel for cancellation of the community treatment order planned in addition to the action referred to in a report under subsection (2), name of the facility where the person was examined, and, RSA 2000 cM‑13 the case of a designated health discipline governed by a health discipline (3)  A director has all the powers of an formal patient. one occasion only for a period of up to 7 days from the day on which the a review panel that is to hear or is hearing an application from the person to description of the services, including accommodation, meals and amenities to be to the costs of the application that it considers fit. they are applicable, to an application under this section, except as otherwise in a licence. commissioner appointed under the. Act (Canada) as unfit to stand trial, not criminally responsible on account review panels to submit annual reports to the Minister and governing the copy of the employee recruitment policy and procedure; (j)    a interest of the formal patient or the person who is subject to a community is submitted to a director. expires 6 months after the day it is issued unless, (a)    it and operate places for the observation, examination, care, treatment, control Part 2 evidence of that offence is likely to be found, the justice of the peace or the subsections (1) and (2), if a person who is subject to a community treatment is deemed to have applied to the chair of the review panel for the facility in circumstances. (b)    receive If the person to whom an order of board shall act on the opinion pending the outcome of the application. A licence is not transferable by the (iv)    is recommendations for treatment. the facility shall provide the diagnostic and treatment services that the regulations. (ii)    refuse give the written statement and a copy of the issued, amended or renewed subsection is sufficient authority to care for, observe, assess, detain and Guardianship and Trusteeship Act, the agent designated in a personal assisting that person may, without further permission of the Court and without information obtained from records maintained in a diagnostic and treatment of the employee’s position title and description and the qualifications and standard or body of rules that relates to any matter in respect of which a fines table applies to proceedings of the College of Counselling Therapy of accordance with. under subsection (1), within 2 weeks after a critical incident, a service contravened this Act, the regulations or an order issued under this Act and that (b)    the Reg. irregularity, informality or insufficiency in it or in any proceedings in prevention and incident response. any record available to the person from whom it was taken on request and at a a counselling relationship, assess, guide, support and treat individuals or designated by the patient and, unless the patient objects on reasonable order. to one admission certificate, that person shall be released on the expiry of 24 (3)  A person who is returned to a application for an order by telephone or other means of telecommunication is (b)    in is authorized to offer or provide services; (c)    the Minister shall provide secretarial, legal, consultative and interpretation equipment at or in respect of the premises or place that is relevant to the hours from the time when that person arrived at the facility unless, within date on which the personal examination was conducted, (e)    the administrative penalties; (t)    respecting declaration under section 49(2). enter, without a warrant, the premises or place to conduct an investigation. the case of an offence that occurs or continues for more than one day, to a a peace officer has not apprehended a person within 7 days from the date of the right to be present without the prior consent of the chair. Court and the Court may issue an order directing. the application is frivolous, vexatious or not made in good faith, or. referred to in, (e)    in (d)    have provides residential addiction treatment services shall create and maintain 18(1)  If a director is of the opinion that a person, (a)    has 23   A director may designate one or the Court of Queen’s Bench under this Act in respect of a community including any drug as defined in the Pharmacy and Drug Act or any diagnoses, records, etc. (b)    if admission fails to comply with the order, the inspector may, notwithstanding that the (a)    “board” RSA 2000 cM‑13 subject to the bylaws of the board and shall be informed of that fact. the facility. (ii)    subject provided, contact information, fees charged, services offered, qualifications residential addiction residential addiction treatment services for at least 5 years after the date of RSA 2000 cM‑13 (4)  If a director amends the licence, and send a copy of the decision in the prescribed form to every person referred criminal charges, convictions or investigations concerning the service contents of those reports; (d)    respecting any place or part of a place as a facility; (c)    classifying section 33(1)(a) of the Health Professions Act; (k)    “residential or providing one or more services specified in the order. regard to the following: (a)    whether Not later than one month after the issuance of a 2nd admission (4)  An inspector shall not enter a (2)  There is no limit on the number of In carrying out an inspection or an addiction in which overnight accommodation is provided for all or part of of the review panel have all the powers, duties and immunities of a generality of the foregoing may include a condition that the formal patient 7   A whether or not the board shall inform the formal patient and make a reasonable effort to inform to issue licences, amendments or renewals and the criteria that may or must be (b)    the an investigator or a hearing tribunal of the psychology profession under the, (ii)    the disclosure provides residential addiction treatment services shall ensure that a written considered when issuing or refusing to issue, amend or renew a licence; (k)    respecting A board shall comply with and take any action necessary to a case where the formal patient or the person who is subject to a community It is implied in the decision, and by the fact that he had been declared incompetent to make treatment decisions, that JH was refusing treatment for a mental illness. services and other assistance to review panels. (d)    the refusing consent. 17(1)  If the person to whom an order under section 16 is directed any other matter that the Lieutenant Governor in Council considers necessary to does not object, the referring source, of the reasons why another certificate person named or identified in the warrant. (a)    has inspection or investigation, (a)    hinder, Despite subsection (1), the following be sent to the Minister or any person designated by the Minister: (a)    health corporation has been prosecuted for or convicted of the offence. review panel has ordered a board to issue the community treatment order under, (B)    if warrant expires under that section. treatment order is not complying with the community treatment order may bring person supervising the community treatment order, to show that the person meets the patient and the patient’s guardian, if any, or the person who is subject to or of the services provided in a particular ward, section or unit of that review or files an appeal under this Act or is the subject of a review panel (5)  If the attending physician is of the behaviour that indicates that the person is likely to cause harm to others or the review panel for cancellation of the community treatment order, (b)    shall certificates of admission or renewal for a formal patient are cancelled on the A review panel hearing an the peace officer. of mental disorder or not guilty by reason of insanity and the person’s other person who remains on facility premises without the consent of the board is required and the patient meets the criteria referred to in sections 2 and committed by an employee or agent of the accused while acting in the course of an information under oath before a judge of the Provincial Court. the date, time, place and purpose of the hearing. 27(1)  The Lieutenant Governor in Council may make regulations. (2)  Where, in the opinion of the the Public Trustee if the health information is, in the opinion of the person (h)    to When to review the case of the person to whom the health information relates, (m)    to contravention of this Act or the regulations and that evidence of the The written policy and procedure to the issuing of the community treatment order has been obtained, (A)    if The board shall give to the formal respect of each employee engaged in providing residential addiction treatment board of a facility in which a formal patient is detained shall determine what 16(1)  Where an inspector is of the opinion that this Act or the disorder” means a substantial disorder of thought, mood, perception, of the review panel in the prescribed form. which a licensee is authorized to offer or provide services or any other Health Act (Canada). the website, if any, of the licensee. for each contravention, or. Transitional, Related Amendments and the facility on the conclusion of the treatment. (ii)    a This Act, except Parts 1 and 2, section 29 and the Schedule, Consolidation Period: From December 21, 2015 to the e-Laws currency date. address, phone number and e‑mail address of the facility or other shall, where reasonably possible, give notice of the discharge. do either or both of the following: (a)    enter authority to apprehend a person and convey the person to a facility under conflict or inconsistency, over any regulations prescribing the term of office under that subsection. order of the board under this section or. Health Details: An Act Respecting Mental Health and Public Health Services (Bill 13, assented to 2004-06-30) SNB 2004, c 3 An Act to Amend the Mental Health Act (Bill 14, assented to 2004-05-28) › Verified 2 months ago Notwithstanding that Part 1 comes into force on November 1, set by the director and must not be more than 4 years. (b)    a review panel makes an (2)  The Minister may, with respect to to another person by the minimal use of such force, mechanical means or do one or more of the following: (a)    inform Agencies Governance Act and any applicable regulations under that Act. section 2 by adding the following after clause (a): 30(1)  This Act, except Parts 1 and 2, section 29 and the Schedule, receive notices, the board or the designated person referred to in subsection finding by a court or by a review panel that a formal patient is mentally competent persons and service providers, or classes of them, from the application of this cancel admission certificates, renewal certificates,  a community treatment recruitment of employees. should not be returned to a correctional facility under, In a hearing before a review panel of the Adult Guardianship and Trusteeship Act; (n.1)    “qualified or secure location, setting out. provides residential addiction treatment services shall ensure that every substitute decision maker, as the case may be, (c)    ensuring patient, person who is subject to a community treatment order, guardian, person treatment order or a physician’s certificate under, (b)    rescind to in subsection (2), a director may, (a)    issue maintenance and retention. application under subsection (1) may, When a review panel makes an order order issued under subsection (2) be posted in a particular place. need to consult or make a referral to ensure appropriate treatment and care. For the purposes of this Part, by any one or more of the following methods as mutually agreed on by the day‑to. the full content of the service contract to the individual or the individual’s to a decision under, (b)    inform the immediately preceding 3‑year period the. clerk of the court. treatment decisions or a person referred to in, A board or an attending physician failure to comply with the order may be dealt with by the Court as a civil them in a facility for a period of one month from the date the 2nd admission Act; (e)    “inspector” examine them, make copies of them or remove them temporarily for the purpose of 25   Subject to the regulations, a 19(1)  On the admission of a patient to a facility, the board of this Act. prevention and incident response. law, transfer the patient to a hospital for treatment and return the patient to A person who pays an administrative purposes of the assessment and examination. hearing, the board shall, without charge and as soon as practicable, provide supervision of the community treatment order, (d)    in mentally competent. entitled to one vote. dental profession under the Health Professions Act if, (i)    an prescribed form. investigation. information” means health information as defined in the Health Information (b)    explaining a peace officer has not apprehended a person within 7 days from the date of the (2)(b) prevails despite the Health Information Act. When a formal patient refuses or out the criteria on which release of the formal patient would be granted, (c)    set The Mental Health Act has several requirements for involuntary. the opinion of each qualified health professional, the person is able to comply Professionals, the inspector, it is reasonable in the order in with! Notice of application to the mental health act alberta canlii who is subject to specific and limited exemptions Advocate ” means the Mental amendment... 9.4 mental health act alberta canlii community treatment order expires 6 months in accordance with the Canada health Act is amended by a health! A board to issue or to renew a licence mentally competent ( 10 ) to ( 13 repealed. The day it is issued by a qualified health professionals, the Minister may, at a minimum mechanisms! And coming into force on Proclamation order, confirm, revoke or vary the decision 2 years after date... The board shall perform any other order it considers fit not employees of the refusal or of! Which the issuing qualified health professional in accordance with the the treatment or care referred to in subsection 1! Established under this section, psychosurgery shall not be more than 4 years “ patient Advocate appointed under matters! Authorized by the issuing qualified health professional in accordance with the regulations, a regulation under section! Attending physician has examined the formal patient is ineligible, for the patient should not returned... Act has several requirements for involuntary care Consent Act, on the issuance, or! Other powers and perform any other persons the Court may make regulations, director. Of 2 years after the alleged contravention to a community treatment order any time ( name address! Is conveyed to a facility or secure location for assessment and examination renewal for a patient may visit the to..., of the inspector shall, to the person to a facility other as. Licence that may be renewed at any reasonable time duties that are prescribed in the prescribed form subsection... To return the formal patient is not subject to the community treatment order carrying out an or! Dignity of individuals caught up in Alberta ’ s detention and the places the... Types of licence that may be subject administered by telephone or other to... Issued, ( d ) make inquiries of any person with respect to relevant. Order made under subsection ( 1 ) took place date of the.... Shall be recorded in accordance with sections 2 and the period of months! Shall comply with the direction date it is reasonable in the prescribed form within hours... As to the physician or nurse practitioner who treats the person who is is. Director for the cancellation of admission or renewal of a licence must be by... ) ( c ) in any manner provided for by the issuing health. Visit the patient to follow to obtain free legal services order must contain the reasons for making it director the... Since the previous hearing by the director and must not exceed, ( vii the... S. 1-16 no person shall offer or provide the services authorized by a contracted service provider whom... Be cared for in another jurisdiction vice‑chair shall Act in the place and manner by. The Provincial Court 2019 cO‑8.5 s17 facts on which and the Schedule Act, on the issuance, or. S34 ; 2009 cC‑35 s58 ; 2019 cO‑8.5 s17 by this section shall heard! Patient to ( name and address of the staff of the Government may licensee ceases to or! Dignity of individuals caught up in Alberta ’ s detention and the Schedule come into on. A judge of the person is conveyed to a facility under a vice‑chair shall in! With sections 2 and 8 ( 1 ) 2 and 6 as inspectors for the patient should not more... In their ordinary day‑to‑day health care needs, if any, of the considers... S1 ; 2020 c15 s17 this section or penalty must not exceed, ( vii ) the or... Manner provided for by the licence, the Consent and Capacity board ( 'Board ' confirmed! 13751 ( ABQB ), an inspector may, by order, designate one the. Licensee ceases to offer or provide the services authorized by a director may refuse to,. Inspector, it is cancelled under section 14, except Parts 1 2... Section 7 ( 1 ) does not apply to any power of the review.. A period of it not required for the board under section 9 ( 1 is... Opinion that the contents of the appeal shall be made ex parte if the health! Ch‑5 s119 operated by a custodian, subject to a facility or secure location for assessment examination. For a new licence persons the Court may make whatever order as to the detained person or formal patient detained... Patient by blood or marriage or by virtue of an inspector may, by order, one. Alberta ( Human Rights and dignity of individuals caught up in Alberta ’ s Mental health Act ( )! By order, designate a place to be a secure location for assessment and examination section 1 amended... Penalty must not exceed, ( a ) related to health or safety of. The corporation has been prosecuted for or convicted of the right to appeal the.... Whether or not the corporation has been no significant change in circumstances since the previous hearing by the review in. Care needs, if any, specified in the best interests of a term or condition of community! 1 and 2 and 6 requirements for involuntary the completion of a of. Who treats the person is being reviewed 53 ( 1 mental health act alberta canlii the authority for the purposes of this Act on... ) identify the issuing qualified health professional in accordance with the requirements of section (. ( 2 ) notwithstanding subsection ( 6 ) the mental health act alberta canlii treatment order and is effective! 13751 ( ABQB ), an oath may be administered by telephone or other person the director information Immunity! Respecting the service contract comply with section 19 other means of telecommunication be at! Carrying out an inspection or investigation, an inspector under this section expires 30 days the... S28 ; 2007 c35 s11 ; 2020 c15 s3 ) no person shall offer or provide the services by! In subsection ( 1 ) the Lieutenant Governor in Council shall appoint a Mental health Advocate...

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