There are different sections of the Mental Health Act. Mental Health Act 2001 Section 17(1)(c) REPORT OF CONSULTANT PSYCHIATRIST FOR A PROPOSAL TO TRANSFER TO THE CENTRAL MENTAL HOSPITAL SECTION 21(2) CASE ID: For Information not to be disclosed to the Patient see Section 23 10.) Healthy Minds, Healthy People. Any cases with a hyperlink to this legislation will automatically be added here. ( Log Out / It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. 18 Judge to examine patient where compulsory treatment order sought (1) Where an application is made under section 14(4) for a … About the Mental Health Act. You are on a community treatment order under section 17A of the Mental Health Act 1983 because the person in charge of your care (your responsible clinician) thinks you are well enough to leave hospital but is concerned that you may not continue with your treatment, or may need to be admitted to hospital again at short notice for more treatment. INTRODUCTION & PURPOSE 1.1 Patients detained under the Mental Health Act 1983 (the Act) can only leave the hospital (see 2.7 for a definition of hospital) when granted leave of absence under s17, by the patients Responsible Clinician. This Act may be cited as the Mental Health (Compulsory Assessment and Treatment) Act 1992. Definitions. Uncommonly, where the period in the general hospital is likely to be extended, the detention may be formally transferred to that hospital under Section 19. 2018,c.18 MODIFIÉE PAR L.T.N.-O. 17 of 2002: Mental Health Care Act, 2002. Section 17 Leave of Absence under the Mental Health Act 1983 1. There may be other relevant cases without a hyperlink, so please check the mental health case law page. Leave is an agreed absence, for a defined purpose and duration, and is accepted as an important part of the patients’ treatment plan. Section 17 leave is the power of a patient’s responsible clinician to grant, detained patients, leave from the hospital. <>>> Change ), You are commenting using your Google account. It is an office consolidation prepared by … Supervised community treatment and section 17 of the Mental Health Act 1983 - Volume 31 Issue 7 Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites. MENTAL HEALTH AMENDMENT ACT, 2020. About the Mental Health Act. Changes that have been made appear in the content and are referenced with annotations. Mental Health Act 1983 hospital admission provisions. … MENTAL HEALTH ACT S.N.W.T. The main purpose of the law is to regulate the involuntary admission of people into a psychiatric hospital. The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 17 - 01/12/2000. Section 17: leave of absence (DOC) Published by Her Majesty’s Prison & Probation Service, 22 February 2017 The guidance covers work with restricted patients detained in hospital and the Policy on section 17 leave. Change made by Mental Health Act 2007. 1 The Mental Health Act is amended by this Act. Amended on 1 april 2000 by section 14 2 a of the mental health compulsory assessment and treatment amendment act 1999 1999 no 140. ( Log Out / <> Sections 3, 37, 47 or 48 can be placed on a Community Treatment Order (CTO) under section 17A of the Mental Health Act 1983. 2000, c. 9, s. 17. Section 17 leave should not be confused with discharging a patient subject to a Community Treatment Order (CTO) which is granted under section 17A of the Mental Health Act. This is the hospital which is named in the application or order which provides authority for the patient’s detention. R.S.O. 2-11. ractica uid enta ealt n h a ntario V 4. No. Leave of absence can be granted to any patient detained under sections 2, 3, and 37 of the Mental Health Act 1983. A choice between the two can often be difficult for clinicians however a recent case has provided some guidance on the matter. A patient’s Community Treatment Order (CTO) may include conditions. When patients detained under the Mental Health Act require treatment for a physical disorder unconnected with their mental disorder in a general hospital, they are commonly given leave under Section 17 to attend that hospital. Section 17 leave should not be confused with discharging a patient subject to a Community Treatment Order (CTO) which is granted under section 17A of the Mental Health Act. 20 L.T.N.-O. Section 17 leve is the power of a patient’s responsible clinician to grant, detained patients, leave from the hopsital. Chapter 15 (Assented to June 26, 2020) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cM‑13. When you are detained, you have the right to appeal, and the right to get help from an independent advocate. Leave is an agreed absence for a defined purpose and duration and is accepted as an important part of a patient’s (1) The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below. Change ), You are commenting using your Twitter account. In Ontario, the Mental Health Act permits police officers to apprehend individuals if the officer has reasonable grounds to believe that a person is acting in a disorderly manner and is a threat or at risk of causing harm to themselves or others. Staff should tell you about help from an IMHA as soon as possible after you are … What is section 17 mental health act. Care Quality Commission (Registration) Regulations 2009: Regulation 17. There are changes that may be brought into force at a future date. Section 17 of the Mental Health Act says that they can allow you to leave the ward or the hospital for short periods of time, but they may ask you to keep to certain conditions, such as returning within a certain time. The duty to provide aftercare also applies if you are given section 17 leave or are under a community treatment order . Section 17 leave may be used to grant shorter periods of leave from hospital in the build up to discharging patients on to a CTO, but they are distinct legal concepts. Section 17 (leave) of the Mental Health Act - Volume 18 Issue 9 - Adam Moliver Mental Health Act Section 17 Leave Version 6.0 Page 5 of 17 MHA Mental Health Act 1983 as amended by the Mental Health Act 2007: the law that regulates the admission to hospital and treatment of mentally disordered persons whose liberties need to be restricted. Usually, the tribunal must take place within 7 days of your application. Changes to Legislation. 2015,c.26 In force September 1, 2018 SI-006-2018 LOI SUR LA SANTÉ MENTALE L.T.N.-O. You should only be detained under the Mental Health Act if there are no other ways to keep you, or others, safe. The Involuntary Psychiatric Treatment Act is appropriate when someone with a mental disorder: as a result of the mental … Absent Without Leave (AWOL) whilst on a Community Treatment Order (CTO), Recall to Hospital from a Community Treatment Order. Last amendment: 2015, c. 36, s. 1-16. Mental Health Act 1983 Section 17 Leave of Absence Policy 9 of 18 Implementation Date: 04.09.2013 given to the patient, carer (where appropriate), care co-ordinator and scanned directly onto ePEX. The Act also applies to individuals on leave from a facility as well as individuals under Orders of Committeeship living in the community. Interpretation 2. %PDF-1.5 The Ontario Mental Health Act. 4 0 obj Mental Health and Substance Use Information and Publications. This leave is often … The duty to provide aftercare also applies if you are given section 17 leave or are under a community treatment order. Emergency legislation says the tribunal must take place with 10 days. ( Log Out / Section 17 of the Mental Health Act allows detained patients to be granted Leave of Absence from the hospital in which they are detained. Mental Health Act Section 17 Leave Version 6.0 Page 6 of 17 Leave may only be granted by the RC and this cannot be delegated to other clinicians. Mental Health Act 1983, Section 18 is up to date with all changes known to be in force on or before 09 December 2020. endobj The RC may authorise short periods of leave to be taken at the discretion of ward staff. 2019, c. 15, Sched. Under section 117, health authorities and local social services have a legal duty to provide free aftercare for people who have been discharged under Mental Health Act sections 3, 37, 45A, 47 or 48. These sections of the Act provide powers to approved mental health professionals (AMHPs, pronounced ‘amps’) rather than to the police. Committees continued. INTRODUCTION & PURPOSE 1.1 Patients detained under the Mental Health Act 1983 (the Act) can only leave the hospital (see 2.7 for a definition of hospital) when granted leave of absence under s17, by the patient’s Responsible Clinician. The incapable person’s spouse or partner. You are likely to be asked to keep to certain conditions, like returning on a certain day and time, or staying at a particular place or in the care of a particular person. endobj We looked at three key areas for more insight into the issues. This section gives the responsible clinician power to grant you leave from your hospital for a specifi ed period of time. 2-12 5. Quitting Smoking & Tobacco Use. Bill 17. MOJ Ministry of Justice: the government department responsible for patients detained 2018, ch. 2017, ch. 1 0 obj Section 17 Applies if you are already detained under the Mental Health Act. Crisis and Information Lines . The Mental Health Act sets out the powers and obligations of psychiatric facilities in Ontario. ( Log Out / 2006 cM-9.1 s1. Despite subsection 90 (12) of Schedule A to the . Definitions. This policy reflects the requirements of the Mental Health Act 2008 as well as the 2015 Code of Practice to the Mental Health Act. This leave is often referred to as "section 17 leave", as it's Section 17 of the Mental Health Act that allows this leave. This bibliography was generated on Cite This For Me on Friday, April 1, 2016 1987, c. M110. x��\[o۸~������hQ�n�b��������g���őS8v����?3CR�DQ���mdk89��C�_�ղXT�_�/��X|.o٧����?�������n�)��v������������q��]/OO8�?Β8��d������WW)�۟����yuz�i����뷧'�#d�m�� R�۴��/عG��۪���l���0�KE�C���\Ί��Y:+�ҝ��5��@�m&�i٧$�NK�FD�qަ�ι�-�g�i�/��� k ���Aȳ�]/>͢��K�f!� o�_ccW��%�DA��\͓Y9?���){���}�u��'��x�q���.��. Virtual COVID-19 Supports. The Mental Health Act (MHA) Code of Practice is still not being used as it was intended to be, with variation in providers’ understanding of the Code and how it should be applied. Revised legislation carried on this site may not be fully up to date. What is CRITERIA FOR DETENTION when considering a Community Treatment Order? Responsible Clinician/Approved Clinician replaces Responsible Medical Officer3/11/08 3 0 obj When patients detained under the Mental Health Act require treatment for a physical disorder unconnected with their mental disorder in a general hospital, they are commonly given leave under Section 17 to attend that hospital. Health Information Protection Act, 2004 In my opinion this patient is not suffering from a mental … It became law on July 3, 2007. Supervised Community Treatment replaces Supervised Discharge 3/11/08; Related cases. Change ), You are commenting using your Facebook account. Section Navigation Managing COVID-19 Stress. Section 17 Leave of Absence Version 3 under the Mental Health Act 1983. Section 17 leave may be used to grant shorter periods of leave from hospital in the build up to discharging patients on to a CTO, but they are distinct legal concepts. Since the Mental Health Act 2007 inserted the Community Treatment Order provisions into the Mental Health Act there has been the potential for overlap between a CTO and extended leave of absence under s.17. 2 Section 1 is amended (a) in subsection (1) (i) by repealing clause (f.1); (ii) by repealing clause (g) and substituting … The RC grants the detained patient leave by completing the local Section 17 Leave Form (See Care Consent Act, Substitute Decisions Act, Mental Health Act, as well as coroner’s investigations and reviews. The responsible clinician in charge of your care can place conditions on the leave, such as where you should stay while away from the hospital and whether this will be for a fixed period of time. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. under holding powers of the Mental Health Act (Section 5), or; in a place of safety under police powers (section 135 or 136). 1 In this regulation: "Act" means the Mental Health Act; "chair" means a chair of a review panel appointed under section 24.1 (2) (c) of the Act; "health authority" means (a) a board designated under the Health Authorities Act, (b) a board of a hospital as defined by section 1 of the Hospital Act, or Section 17E ~ Page 2 Section 17E ~ Page 7 Further information and help The independent mental health advocacy service is also there to provide help and support to you. Create a free website or blog at WordPress.com. Regulated Health Professions Act, 1991. The following sections of MHA 1983 refer to admitting and treating people who are mentally disordered at hospital. Enter your email address to follow this blog and receive notifications of new posts by email. 36 . MENTAL HEALTH CARE ACT 17 OF 2002 [ASSENTED TO 28 OCTOBER 2002] [DATE OF COMMENCEMENT: 15 DECEMBER 2004] (English text signed by the President) as amended by Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002 Judicial Matters Amendment Act 55 of 2002 Regulations under this Act GENERAL REGULATIONS (GN R1467 in GG 27117 of 15 December 2004) ACT … Mental health casework section. Organizations Supporting Mental Health and Substance Use in B.C. 4. Section 17 of the Mental Health Act allows detained patients to be granted leave of absence from the hospital in which they are detained. Section 17 of the Mental Health Act allows detained patients to be granted Leave of Absence from the hospital in which they are detained. 2015, ch. Back to Top. For restricted patients, this must be within the limits of the leave agreed Under certain conditions, police officers in Ontario have the authority to 'take someone into custody to an appropriate place for examination by a physician,' according to Police Powers (Section 17) of Ontario's Mental Health Act : Relative/Carers must be made aware of whom to contact if any concerns arise during the period of leave. Under section 117, health authorities and local social services have a legal duty to provide free aftercare for people who have been discharged under Mental Health Act sections 3, 37, 45A, 47 or 48. Legal guidance for mental health, learning disability and autism, and specialised commissioning services supporting people of all ages during the coronavirus pandemic has been published by NHS England/Improvement (second version 19 May) on the impact of COVID-19 on the use of the Mental Health Act 1983 (England and Wales).A summary of its contents is provided on this page. mentalhealthatengland.wordpress.com/2020/12/09/abs…, mentalhealthatengland.wordpress.com/2020/12/09/rec…. Consolidation Period: From December 21, 2015 to the e-Laws currency date. Child & Youth Mental Health. They can also help you to understand your treatment. Uncommonly, where the period in the general hospital is likely to be extended, the detention may be formally transferred to that hospital under Section 19. This Act may be cited as the Mental Health (Compulsory Assessment and Treatment) Act 1992. The intention of this regulation is that CQC is notified of the death or unauthorised absence of a person in any location who is liable to be detained under the Mental Health Act 1983 so that CQC can take follow-up action where needed. under the Mental Health Act 1983 Executive Summary This policy sets out how the powers and duties in relation to s17 Leave of the Mental Health Act will be discharged in Solent NHS Trust. In reality, most conditions set expectations for a patient, rather than hard and fast rules, since their breach is not of itself a ground for recalling a patient to hospital. People into a psychiatric hospital 21, 2015 to the Act if there section 17 mental health act! Looked at three key areas for more insight into the issues, s..! Fully up to 28 days and is for assessment and treatment despite subsection 90 ( 12 ) section 17 mental health act Schedule to! In law the admission process, the tribunal must take place within days. 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