Acts and Regulations

M-10 - Mental Health Act

Section 30.1
Disposition versions

Full text
Order by review board authorizing the giving of routine clinical medical treatment without consent
30.1(1)If a tribunal refuses to make an order under section 8.11 authorizing the giving of routine clinical medical treatment without consent, the attending psychiatrist may file an application on a form provided by the Minister with the chairman of the review board having jurisdiction for an inquiry into whether routine clinical medical treatment should be given to an involuntary patient without consent.
30.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
30.1(3)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) routine clinical medical treatment should be commenced without consent before an inquiry has been conducted and a determination made in relation to the application.
30.1(4)If the review board determines that there is sufficient cause to conduct an inquiry in relation to an application under subsection (1), the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient until such time as the inquiry has been conducted and a determination made in relation to the application.
30.1(5)In dealing with an application under subsection (1), the review board shall consider the evidence that was before the tribunal and any additional evidence that is brought before it by any of the parties.
30.1(6)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has not reached the age of sixteen years, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(b) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.1)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the involuntary patient was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(ii) is not current,
(iii) does not apply to the involuntary patient’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the involuntary patient was mentally competent to give or refuse to give consent,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.2)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(7)In determining the best interests of the involuntary patient under subsections (6), (6.1) and (6.2), the review board shall have regard to the issues set out in subsection 8.11(4).
30.1(8)An order under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2; 2014, c.19, s.16
Order by review board authorizing the giving of routine clinical medical treatment without consent
30.1(1)If a tribunal refuses to make an order under section 8.11 authorizing the giving of routine clinical medical treatment without consent, the attending psychiatrist may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether routine clinical medical treatment should be given to an involuntary patient without consent.
30.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
30.1(3)Notwithstanding subsection 32(1), on receipt by the chairman of a review board of an application under subsection (1), the review board shall, within five days after receipt of the application, conduct a preliminary inquiry to determine if
(a) there is sufficient cause to conduct an inquiry, and
(b) routine clinical medical treatment should be commenced without consent before an inquiry has been conducted and a determination made in relation to the application.
30.1(4)If the review board determines that there is sufficient cause to conduct an inquiry in relation to an application under subsection (1), the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient until such time as the inquiry has been conducted and a determination made in relation to the application.
30.1(5)In dealing with an application under subsection (1), the review board shall consider the evidence that was before the tribunal and any additional evidence that is brought before it by any of the parties.
30.1(6)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has not reached the age of sixteen years, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(b) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.1)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years but who is not, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that any known previous refusal to give consent in relation to routine clinical medical treatment while the involuntary patient was mentally competent to give or refuse to give consent
(i) does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(ii) is not current,
(iii) does not apply to the involuntary patient’s present circumstance, or
(iv) has been revoked or revised by subsequent consent or by a subsequently accepted treatment program while the involuntary patient was mentally competent to give or refuse to give consent,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(6.2)The review board may, if an application is filed under subsection (1) in relation to an involuntary patient who has reached the age of sixteen years and who is, in the attending psychiatrist’s opinion, mentally competent to give or refuse to give consent in relation to routine clinical medical treatment, but who refuses to give consent in relation to the treatment, make an order authorizing the giving of routine clinical medical treatment without consent to the involuntary patient if
(a) it is of the opinion that the refusal does not constitute reliable and informed instructions based on the involuntary patient’s knowledge of the effect of the treatment on the involuntary patient,
(b) it is of the opinion that the treatment is in the best interests of the involuntary patient, and
(c) it is of the opinion that, without the treatment, the involuntary patient would continue to be detained as an involuntary patient with no reasonable prospect of discharge.
30.1(7)In determining the best interests of the involuntary patient under subsections (6), (6.1) and (6.2), the review board shall have regard to the issues set out in subsection 8.11(4).
30.1(8)An order under this section is sufficient authority for the attending psychiatrist to give to an involuntary patient, without consent, such routine clinical medical treatment as, in the attending psychiatrist’s opinion, is necessary.
1989, c.23, s.5; 1993, c.50, s.2