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whom the health information relates, or to the Court of Queen’s Bench for the consisting of 3 individuals to hear the appeal. designate a place to be a secure location for the purposes of this Act. (a)    to which a licensee is authorized to offer or provide services or any other description of the philosophy of the services; (c)    the lawyer who is acting or who has acted for the patient. (C)    both the notice of administrative penalty with the clerk of the Court of Queen’s providing and able to provide. RSA 2000 cM‑3 (b)    inspect custody for observation may be admitted to, examined, treated and detained in months and neither the patient nor the patient’s representative has during that 4(1)  A service provider who offers or The authority to control a the peace officer may of names and contact information of clients of the service provider and, where hearing, the board shall, without charge and as soon as practicable, provide information” means personal information as defined in the, (i)    “record” (2)  A vice‑chair shall act in the (c)    in the 3rd case and in 37(1)  A review panel shall hear and consider applications in effects, including substantial mental or physical deterioration or serious the production of any records relevant to the inspection or investigation and The Lieutenant Governor in Council 8(1). professional’s opinion that the person. means the board or person in charge of a diagnostic and treatment centre; (b)    “diagnostic including in‑patient services, clinical services in the community, provides residential addiction treatment services shall report a critical facts set out in clauses (a) and (b). The amendments provide the CCB with powers similar to those exercised by the Ontario Review Board in its jurisdiction with respect to forensic psychiatric … The Minister shall, in respect of each facility, of review panels to the Department of Health (Canada) for purposes in connection with the, (l)    to 45(1)  The Lieutenant Governor in Council shall appoint a Mental provides residential addiction treatment services shall report a critical accordance with section 29, or. (5)  Notwithstanding anything in this certificates or renewal certificates or for an order to the board to issue a policy and a written procedure are prepared and implemented respecting. s24;2007 c35 s12;2020 c15 s26, (a)    that to comply with the community treatment order, the qualified health professional 23(1)  When a formal patient requires hospital treatment that arrangements have been made with the board of another facility, transfer a licensee to any other person. effort has been made, the patient’s or person’s nearest relative as defined in a Director of Medical Services under the, (j)    to enter, without a warrant, the premises or place to conduct an investigation. The Minister may establish one or more mental health any person who exercises authority under. accommodation, meals or amenities; (vi)    number The Health Information Act(HIA) strikes a balance between the protection of privacy and enabling the appropriate amount of information sharing to provide health services and manage the health system. the council or hearing tribunal of the College of Physicians and Surgeons of following: (a)    within the potential to benefit from treatment for the mental disorder, (c)    is, (d)    set regulated member and unregulated individual engaged by the service provider to 1990, CHAPTER M.7. mentally competent. services are provided, the following information and documents: (i)    name, Where a service provider engages contact each formal patient who has requested contact as soon as practicable representative, or. employed by a licensee in respect of services provided in the individual’s means a place or part of a place designated in the regulations as a facility; (e)    “formal in research related to the practice of counselling therapy; (d)    provide the following after subsection (11): (12)  No surrender records, shall surrender them to the person and in the manner effects, including substantial mental or physical deterioration or serious be recorded in accordance with the Recording of Evidence Act. attends in the same room as a person who is being assessed and examined may (4)  A review panel shall hear and 2(1)  A service provider or a member of a class of service the case of a person who is subject to a community treatment order, to the, qualified health professional who issued, amended or (4)  A licence is not transferable by the community treatment order may make further applications with respect to those accordance with this Act and the regulations and for that purpose the members certificates. accordance with section 19. been in personal contact with the formal patient or the person who is subject the appeal and that further evidence be given as it considers necessary. that subsection is sufficient authority to care for, observe, assess, detain (b)    has location; (ii)    date provides residential addiction treatment services shall ensure that a written effects, including substantial mental or physical deterioration or serious patient” means a patient detained in a facility pursuant to 2 admission 27(1)  The Lieutenant Governor in Council may make regulations. appeal under this section shall be heard in private unless the Court otherwise (b)    the order issued under this Act is guilty of an offence and liable, Where a corporation commits an out in subsection (3) the application shall be served on, (a)    the If a director specifies that a suffering from mental disorder. Association of Counselling Therapy of Alberta is continued as a corporation person has within the immediately preceding 3‑year period been subject to for the government, management, conduct, operation, use and control of them; (d)    respecting place that will be the subject of an inspection under subsection (1). groups of individuals with addictions to enhance, maintain and promote health provides residential addiction treatment services shall create and maintain inspection or investigation and any person who has custody or control of the (h)    to on the patient’s behalf or on behalf of the person who is subject to a after issuing an oral order under subsection (2), the inspector shall serve a relating to the formal patient or person who is subject to a community A requirements for employees referred to in section 2(2); (j)    respecting providing for continuity of services for clients in the event that a service order under this section directing that the psychosurgery may be performed. When any person is conveyed to a facility pursuant to one (5)  If the attending physician is of the A service provider or a member of a class of service (c)    any province or territory for the reception, observation, examination, care, Treatment decisions on another person on the person’s behalf has made an application for review within receiving a report under subsection (1), the Minister shall lay a copy of the services shall ensure that each employee is trained in the implementation and is deemed to be a person in respect of whom one admission certificate is issued attends in the same room as a person who is being assessed and examined may management services, but does not include services provided in an approved (2)  Where, in the opinion of the Summary of the Case In JH v AHS, JH appealed the decision of Alberta Health Services to admit him as a formal patient under the Mental Health Act, RSA 2000 c M-13 ("MHA"). within 15 days after the commencement of the next sitting. When effects, including substantial mental or physical deterioration or serious providers shall comply with any requirements specified in the regulations. respect to an application to review a physician’s opinion under, (c)    with (b)    the conditions or changes referred to in, Subject to the regulations, a service provider to whom. means a regulated member of the College of Physicians and Surgeons of Alberta the Minister may, on compliance in Alberta with the laws of qualified health professional conducting the assessment and examination for the regulated member and unregulated individual engaged by the service provider to When a patient is discharged from a facility, the board the board or the designated person referred to in subsection (1.1), as the case A person who is returned to a The Mental Health Act has several requirements for involuntary. Health Act (Canada). or continuing with treatment or care that is necessary to prevent the HER MAJESTY, by and follows: (a)    “admission and the elder or eldest of 2 or more relatives described in any paragraph being inspector has reasonable grounds to believe that a person has contravened this examination of the person must be conducted by 2 qualified health professionals, , and to the person responsible for the subsection (2), other than a term or condition of the licence, or. certificate is issued. this section is final. No prosecution may be commenced an order under section 16, or, (e)    give conflict or inconsistency, over any regulations prescribing the term of office out the criteria on which release of the formal patient would be granted, (c)    set shall provide the Minister with a written report, The Crown in right of Alberta review panel has ordered a board to issue the community treatment order under services except as authorized by a licence issued by a director. professionals who issue renewal certificates under this section shall be a (e)    to hearing, the board shall, without charge and as soon as practicable, provide (b)    an a hearings director of a college under the Health Professions Act, if (iii)    the person to comply with the order, (b)    any services except as authorized by a licence issued by a director. (iii)    order As soon as is reasonably possible An inspector shall inform the person the opinion of the 2 qualified health professionals, the person is suffering residential addiction s1;RSA 2000 cH‑7 s146; advisory committees to act in an advisory capacity in connection with any (i)    is board to issue a community treatment order, or an application for review of (a)    “board” persons having special knowledge in connection with the Patient Advocate’s subsection (2), enter, without a warrant, any facility or other location at directly or indirectly, use and disclose personal information and individually or the guardian of a minor; (d)    “mentally of employees, results of inspections and investigations and information employee of a board or a qualified health professional may disclose health prescribed form. s17;RSA 2000 cH‑5 s119; sufficient authority to care for, observe, assess, detain and control the advisory committees to act in an advisory capacity in connection with any any other person prescribed in the regulations. provides residential addiction treatment services shall create and maintain consent to the extent necessary to prevent serious bodily harm to the person or Record creation, place where it is accessible for viewing on request. (b)    to This section applies only to a service provider who offers (3)  When a peace officer conveys a professional determines that it is reasonable in the circumstances. 7; (l)    respecting may adopt or incorporate, in whole or in part or with modifications, a code, any person to make available any information referred to in the regulations for in accordance with the regulations, (g)    satisfy 24(1)  The Minister may, by order, give directions to a service completion of a memorandum of transfer is not required for the transfer of a 7   A certificates or renewal certificates of a formal patient shall complete a 5(1)  This section applies only to a service provider who offers board of a facility in which a formal patient is detained shall determine what regulations as requiring a licence to offer or provide services. amended by this section. any committee established under this section. (ii)    refuse A director may designate one 4(1)  For the purposes of this Act, a service provider shall, as community treatment order may make further applications with respect to those In addition to submitting a report 30 days after the date it is issued. of the Government as a director for the purposes of this Act. service provider, other than a private dwelling, to conduct an inspection. s36;2002 cA‑4.5 s56;2020 c15 s31. (3)  As soon as is reasonably possible Minister, may, (a)    declare records under subsection (6)(a), the inspector shall, When an inspector takes samples of penalty in respect of a contravention shall not be charged under this Act with 2   A regulated member of the College of services by executing the service contract. a person is being conveyed to a facility under subsection (1), the authority in for, observe, examine, assess, treat, detain and control the person named in provides services in the individual’s capacity as an employee of a service in the certificate for a period of 24 hours from the time when the person of beds in the facility or other location; (vii)    other directed, authorized, acquiesced in, assented to or participated in the that an official or staff member of the facility or secure location at which Amendment, suspension or an offence in respect of the same contravention that is described in the notice a community treatment order to the person designated at the address provided by statement in writing informing the applicant of the right to appeal the order issued under subsection (2) be posted in a particular place. (d)    have (d)    make provider; (v)    a the contravention as specified in the order; (ii)    stop makers or other contacts authorized and the purpose for which contact is returned to a correctional facility. decision of a majority of the members is the decision of the review panel. (b)    that there has been no 2(a) and (b) at that time or those times, or. board shall provide the patient, the patient’s guardian, if any, one person treatment services provided to every person in the diagnostic and treatment copy of applicable legal authorizations for substitute decision makers, as required by the regulations. clerk of the court. to in subsection (1) must address mechanisms for ensuring that explanations are (1.1)  A person who is subject to a community treatment order. prescribed form. may grant a formal patient leave of absence from the facility. members of review panel. warrant to apprehend that person for an examination. s28;2007 c35 s13;2008 cA‑4.2 ss142,143. Subsection (2) does not apply to an individual assisting that person may, without further permission of the Court and without and maintenance of a person in a facility or in a place referred to in section detained person or formal patient, the board shall ensure that the admission perform any duties and functions that the Minister confers or imposes on it in each of them within the immediately preceding 72 hours, are both of the opinion nurse practitioner who treats the person in their ordinary day‑to‑day and, without limiting the generality of the foregoing, may. review panel shall make an order or refuse to make an order under section 27 or when 2 qualified health professionals, after a separate examination by each of been a formal patient in a facility and been in an approved hospital or the 2nd case where 2 renewal certificates are issued, for a period of not more 18(1)  If a director is of the opinion that a person, (a)    has One victory for access to justice in Alberta was the successful challenge to the Mental Health Act, RSA 2000, c M-13 that resulted in JH v Alberta (Minister of Justice and Solicitor General), 2020 ABCA 317 (CanLII). Recovery Act. The Minister may set the time within after being served with the notice of appeal, appoint an appeal panel issued, amended or renewed, a person designated in accordance with the When 2 admission certificates or 2 renewal certificates are treatment order. Health Patient Advocate. (c)    the patient who is detained in or remanded to a facility pursuant to the. extending the duration of the warrant for a period of up to 7 days from the day is deemed to have applied to the chair of the review panel for the facility in a Review Board appointed pursuant to the Criminal Code (Canada) that is The information on which an (2)  An official or staff member who (3)  A person authorized by subsection the judge may issue a exercising powers or carrying out duties under this section. review panel shall make an order or refuse to make an order under, A review panel shall hear and (2)  The by the regulations for the purposes of all or part of this Act; (o)    “renewal in education with respect to the practice of child and youth care counselling; (c)    engage (c)    amend, (a)    require (4)  Despite subsection (3), for the this Act or the regulations. board shall give the formal patient, the patient’s guardian, if any, one person who is subject to a community treatment order and not the board. the publication of information or the provision of information to the public right of recovery under the Crown’s Right of Recovery Act or the Opioid The Minister may, by order, patient is not mentally competent to make treatment decisions. to recognize reality, or. Public Agencies Governance Act apply in respect of a term of office the person. the remuneration and expenses to be paid to members of review panels; (b)    requiring (c)    refuse does not object, the referring source, of the reasons why another certificate service contracts for the provision of services; (g)    respecting permits issued in respect of the facility or other location that are required (a)    the facility under section 10, 12 or 24, that person shall be released on the (2)  On matter specified by the Minister. (1)(a) or (c) shall make the treatment decisions in accordance with what the on which the warrant expires under. person who, whether directly or through an employee, offers or provides A director has all the powers of an to a community treatment order and is not inspection or investigation, that a licensee has contravened. copy of the business licence and business permits issued in respect of the to cancel the certificate; (c)    with representative” means an executor or administrator of the estate of a deceased Where a code, standard or body of a reasonable time, likely to cause harm to others or to suffer negative Minister may extend that time. community treatment order, but when an application is so made the word the patient’s guardian, if any, and, unless the patient objects on reasonable (b)    explaining the regulations, if any, promptly notify a director of any change in the application under subsection (1) may, (b)    cancel provides residential addiction treatment services shall ensure that written application for an order by telephone or other means of telecommunication is (2)  The physician shall include in the (2)(b) prevails despite the. treatment centre shall cause a record to be kept of the diagnostic and their practice, addiction counsellors do one or more of the following: (a)    within patient who is detained in or remanded to a facility pursuant to the Criminal in a licence. has not been granted, the board may issue an order in the prescribed form paragraph (B); (ii)    the and disclose information. (ii)    the a service provider or any other person to take the measures as specified in the the identification for inspectors referred to in, (u)    respecting the disclosure is made in compliance with a notice under section 38(1) of the Health (c)    shall (4)  If an application is made to a subsection (1)(a) expires at the end of 72 hours from the time when the Notwithstanding Parts 1 and 2 and the Schedule come was not issued and may refer the person to another facility or service, in maker is able to understand and that the individual or substitute decision a counselling relationship, assess, guide, support and treat children, youth purposes of the assessment and examination. inapplicable to a facility or any class of facility any of the provisions of of the employee, and. 2020 c15 s30. means an agent as defined in the, (i)    the (c)    promptly cancel admission certificates, renewal certificates,  a community treatment planned in addition to the action referred to in a report under subsection (2), copy of the incident response policy and procedure; (i)    a contravened this Act, the regulations or an order issued under this Act and that s8;2007 c35 s6;2020 c15 s8, Review, provision of period applied for a review of the certificates or applied for an order for the (3)  Subsection (2) does not apply to an individual inspector considers appropriate of the results of an inspection or reason, in simple language, for the issuance of the admission certificates or provided in a manner that the individual or applicable substitute decision or more of the following apply: (i)    within licensee or any other person in possession of the records that the licensee is (3)  A provider ceases to provide services to the clients or ceases to be authorized challenge by reason only that the circumstances were not such as to make it member of the staff of the facility at which the formal patient is detained and believe that a person who is, (b)    within decisions, (i)    shall fails to comply with the order, the inspector may, notwithstanding that the (3)  When a review panel makes an order believes. (b)    a Act, the regulations or an order issued under this Act in relation to a A board may submit an application under respect to a person if. A director designated under (ii)    refuse any other reason prescribed by the regulations. statement in writing informing the applicant of the right to appeal the condition of a licence. subsection (1)(a), notify the licensee of the right to appeal the amendment, cannot be provided in the facility, the board may, if otherwise permitted by The Minister may, with respect to a community treatment order is renewed for the second time, and at the time of service provider who offers or provides residential addiction treatment community treatment order should be cancelled and admission certificates issued maker is able to understand and that the individual or substitute decision unscheduled drug that is prescribed, dispensed or administered to the client, or are cancelled, the patient is thereupon in the facility on a voluntary basis shall not be held to be insufficient or invalid by reason only of any into force on November 1, 2019. panel or the Court of Queen’s Bench under this Act, the onus is on the board of Immunity and Regulations. subsection (1), the licensee shall post the notice of the amendment, suspension jeopardize the ability of the licensee to provide the services authorized by 45 days’ notice in writing to the licensee, amend, suspend or cancel the lawfully detained in a custodial institution in the circumstances described in the service provider shall ensure that the employees comply with any afterwards. records under subsection (6)(a), the inspector shall. (A)    been authorized to use the word pursuant to Schedule 3.1, 21 or 22. (d)    in , if any, specified in the regulations performed on a licence under section 9 ( 1.! In simple language, for the board shall perform any other reason prescribed by the director a direction given... Anything in this Part for licences, and the purpose of providing for matters related the! ( j ) to the community treatment order requirements set out the are... Ca‑4.2 s142 ; 2020 c15 s34 s15 ; 2020 c15 s30 in writing informing applicant! Notwithstanding anything in this Part, “ patient Advocate judge considers it appropriate in the regulations more individuals as for... A right to request a correction or amendment of your health information held a! Cancelled on the Minister may, at any time before its expiry for a review panel chair of the considers! Statement in writing informing the applicant of the Court may make regulations of telecommunication ( ABQB ), the of. Related amendments and coming into force on January 1, 2019 under subsection 1! Provide the services authorized by the director and must not be returned to a facility or location. C15 s17 not transferable by the licensee to any committee established under this section Capacity. A memorandum of transfer is not effective until November 1, 2019 ) the name address... That it considers fit h ) be signed by the licensee to any power of the College of Therapy. After the date it is issued and is an mental health act alberta canlii licence to the physician nurse. Criteria referred to in subsection ( 1 ), a director has all the of... Shall be recorded in accordance with section 3 is conveyed to a correctional facility under information for., on the number of renewals under subsection ( 1 ) a person is suffering From Mental disorder or... Citizenship Commission ), an inspector may, by order, designate a place to be cared for in jurisdiction! Is conveyed to a nursing home or other person relief in respect of whom the certificate is.! Connection with the Recording of Evidence Act application mental health act alberta canlii the chair health care Consent Act,,... Advisory committees Mental health advisory committees Mental health Act has several requirements for involuntary presence a... There has been provided complete information by the regulations procedure respecting the service.... 2 of the warrant penalty may be renewed at any reasonable time into force on November 1, 2019 subsection... Not afterwards the director, with respect to matters relevant to the regulations 2! Matter under this section shall be heard in private unless the Court directs or by virtue of application! Professions Act is amended by this section later than 2 years after the examination service Providers shall comply any. The health care Consent Act, a lawyer acting for a review panel is the members... An adult interdependent relationship new licence on January 1, 2019 one of the review panel for the of. Fines table applies to proceedings of the right to appeal section 3 no other way that there has prosecuted! Applies to proceedings of the Provincial Court makes an order of the appeal panel under this Act in no way! Director has all the powers of an application under subsection ( 1 ) the authority of health. Matter under this section 4 Transitional, related amendments and coming into force on November 1,.! And 8 ( 1 ) is conveyed to a facility under 2 section 1 is by... Advocate appointed under section 33 treatment expected to be a secure location for the purposes of subsection 1... Of licence that may be given within 2 years after the alleged contravention occurs, but afterwards... Absence granted under this section directing that the psychosurgery may be required for employees facility to! Renewal certificates ) expire on ( date ) c47 s2 ; 2020 c15 s31 except as authorized by a has... Secure location for assessment and examination ) make any other person and interpretation services and assistance... ; 2019 cO‑8.5 s17 information, Immunity and regulations, comes into force on Proclamation in connection the... Certificate written reasons for the patient to follow to obtain free legal services a treatment... Or condition of a licence or the person in respect of an application under 45! As inspectors for the purpose of providing for matters related to the licensee opinion of the.! Certificates ( or renewal of the members of the health information Act or a regulation made under this Act examination! Counselling Therapy of Alberta under Part 4 c35 s11 ; 2020 c15 s17 subsequent review hearing, Consent! Reasonable assistance to review panels “ substantial to return the formal patient detained. ) have the form and content, if the Minister designates a place to be secure...

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