Acts and Regulations

M-10 - Mental Health Act

Section 31.1
Disposition versions

Full text
Inquiry by review board re routine clinical medical treatment
31.1(1)If an involuntary patient or any other person is of the opinion that a treatment being given to the involuntary patient is not routine clinical medical treatment as authorized under section 8.11, 30.1 or 30.2 or is not the specified psychiatric treatment authorized under section 30.3, the involuntary patient or other person 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 the treatment being given to the involuntary patient is the treatment authorized.
31.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
31.1(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) any treatment that is being given to the involuntary patient should be discontinued until such time as an inquiry has been conducted and a determination made in relation to the application.
31.1(4)If the review board determines that there is sufficient cause to conduct an inquiry, the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may order that any treatment being given to the involuntary patient be discontinued until such time as the inquiry has been conducted and a determination made in relation to the application.
31.1(5)Notwithstanding section 33, if an inquiry is conducted under this section, the chairman of the review board shall prepare a written report of the review board’s decision and transmit a copy to the administrator, to the patient, to the patient’s nearest relative, to the applicant if the applicant is not the patient, and to the attending psychiatrist within fourteen days after the conclusion of the preliminary inquiry, and failure to do so revokes the authority to give the treatment that is the subject of the inquiry.
1989, c.23, s.5; 2014, c.19, s.20.
Inquiries by review boards
31.1(1)If an involuntary patient or any other person is of the opinion that a treatment being given to the involuntary patient is not routine clinical medical treatment as authorized under section 8.11, 30.1 or 30.2 or is not the specified psychiatric treatment authorized under section 30.3, the involuntary patient or other person may file an application in the prescribed form with the chairman of the review board having jurisdiction for an inquiry into whether the treatment being given to the involuntary patient is the treatment authorized.
31.1(2)An application under subsection (1) shall be accompanied by a statement setting forth the facts and opinions on which the application is based.
31.1(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) any treatment that is being given to the involuntary patient should be discontinued until such time as an inquiry has been conducted and a determination made in relation to the application.
31.1(4)If the review board determines that there is sufficient cause to conduct an inquiry, the review board
(a) shall conduct an inquiry and may hold a hearing, and
(b) may order that any treatment being given to the involuntary patient be discontinued until such time as the inquiry has been conducted and a determination made in relation to the application.
31.1(5)Notwithstanding section 33, if an inquiry is conducted under this section, the chairman of the review board shall prepare a written report of the review board’s decision and transmit a copy to the administrator, to the patient, to the patient’s nearest relative, to the applicant if the applicant is not the patient, and to the attending psychiatrist within fourteen days after the conclusion of the preliminary inquiry, and failure to do so revokes the authority to give the treatment that is the subject of the inquiry.
1989, c.23, s.5