Applications for a
Review Panel hearing
can be sent to the appropriate Chair for
your zone at the address below:
Edmonton and North Mental Health
Review Panel
R. Allan Harris, Chair
302 Energy Square
10109—106 Street NW
Edmonton AB T5J 3L7
________
Calgary and South Mental Health
Review Panel
Marilyn Smith, Chair
323—11 Avenue NE
Calgary AB T2E 0Z2
_________
Central Alberta Mental Health
Review Panel
Richard Wyrozub, Chair
Box 4550
5016—51 Avenue
Ponoka AB T4J 1S1
To help determine the appropriate
Chair, a copy of the Alberta Health
Services Zone Map is available at
www.albertahealthservices.ca/assets/
zone/ahs-map-ahs-zones.pdf
MH0003 (2016/09)
Formal
Patients
Under
The Mental
Health Act
Formal Patients
This brochure provides patients with
information about the Mental Health Act.
The Mental Health Act recognizes three
criteria for the issuance of admission or
renewal certificates. All three of the
following criteria must be present in the
opinion of a physician in order for the
physician to sign the certificate.
1.
The person is suffering from mental
disorder,
2.
The person is likely to cause harm to
self or others or to suffer substantial
mental or physical deterioration or
serious physical impairment, and
3.
The person is unsuitable for admis-
sion to a facility other than as a
formal patient (in the case of an
admission certificate)
Or
The formal patient is unsuitable to
continue at a facility other than as a
formal patient (in the case of a
renewal certificate).
The following words are often used:
Facility—a place or part of a place
(usually a hospital) designated in the
regulations as a facility.
Formal Patient—a patient detained in a
facility on the authority of two admission
certificates or two renewal certificates.
Mental Disorder — a substantial
disorder of thought, mood, perception,
orientation or memory that grossly
impairs;
(i) Judgment,
(ii) Behaviour,
(iii) Capacity to recognize reality, or
(iv) Ability to meet the ordinary
demands of life.
Am I a formal patient or an informal
patient?
If you decide to seek treatment and have
admitted yourself to hospital, you are a
voluntary or “informal” patient.
If two physicians examine you and find that you
are:
(i)
suffering from a mental disorder,
(ii) likely to cause harm to self or others or to
suffer substantial mental or physical deteri-
oration or serious physical impairment, and
(iii) unsuitable for admission to a facility other
than as a formal patient,
you will have been hospitalized as a formal
patient on the authority of two “admission
certificates.”
The hospital will:
Provide you with the reasons, in simple
language, why these admission certificates
were issued,
Give you copies of the certificates and tell
you how to apply to the review panel if you
want to have the certificates cancelled,
Give you a brochure about how the review
panels work, and
Provide you with the name and address of
the Chair of the review panel
for the facility
where you are a patient.
Can my status as a formal or informal
(voluntary) patient change from time to time?
Yes.
Your status as a formal patient will end when:
the certificates expire; unless 2 physicians
(one of whom must be a psychiatrist) each
issue a renewal certificate,
A physician cancels the certificates,
The review panel cancels the certificates, or
Court of Queen’s Bench cancels the certifi-
cates.
What procedures may lead to formal
admission?
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A
The Mental Health Act allows a person to be
brought to a facility in order to be examined
by a physician at the facility.
There are three ways in which this can happen.
1. By Physician
A physician may examine a person and find
that the person meets each of three criteria
that are specified in the Mental Health Act.
If this is the case, the physician may issue an
“admission certificate” within 24 hours of the
examination. The person named in the signed
admission certificate must be taken to a
facility within 72 hours where another
physician conducts a second examination and
may issue a second admission certificate.
2. By Judge’s warrant
Anyone who has grounds to believe that a
person is suffering from a mental disorder
and is likely to cause harm to self or others or
to suffer substantial mental or physical
deterioration or serious physical impairment
may bring information before a provincial
judge. If the provincial judge is satisfied that
the person is likely to cause harm to self or
others or to suffer substantial mental or physi-
cal deterioration or serious physical impair-
ment, and an examination can be arranged in
no other way, the provincial judge may issue
a warrant. The warrant enables any peace
officer to bring the person to a facility where
a physician will examine the person. A
warrant is valid for seven days, and it may be
extended for another seven days.
3. By Peace Officer’s Powers
When a peace officer believes that;
i. A person is suffering from mental
disorder,
ii. The person is likely to cause harm to self
or others or to suffer substantial mental or
physical deterioration or serious physical
impairment,
iii. It would be dangerous to try to get a
judge’s warrant, the peace officer may
apprehend the person and take the person
to a facility to be examined by a
physician.
Once I am brought to a facility, how long can
I be detained?
The act says that you can be detained at the facil-
ity for 24 hours unless two admission
certificates are issued in your name before the 24
hour period expires.
How long do admission or renewal certificates
last?
Admission certificates are effective for one
month from the date that the second
admission certificate is issued.
Renewal certificates have the following duration:
The first set of two renewal certificates are
effective for a period of not more than one
additional month,
The second set of two renewal certificates
are effective for a period of not more than
one additional month,
The third and subsequent sets of two re-
newal certificates are effective for a period
of not more than six additional months.
Renewal certificates must be signed by two
separate physicians. One of these physicians
must be on the facility’s medical staff, and one
must be a psychiatrist.
What can I do if I want my admission or
renewal certificates to be cancelled?
You may obtain an application form from hospi-
tal staff and send this application form to the
Review Panel Chair, who has been
appointed for the facility where you are.
What happens after I send my application to
the Review Panel Chair?
The Chair will set a hearing date and will give
you at least seven days notice of the date, time,
place and purpose of the hearing.
The hearing will be held within 21 days of the
date the Chair receives your application. Further
details are available in a brochure on the Review
Panels under the Mental Health Act.
Do I need a lawyer?
It is your right to have unrestricted access to
legal counsel.
Legal Aid Alberta provides legal services under
certain circumstances. A lawyer acting on your
behalf is permitted to visit you at any time.
Can I get assistance?
If you wish, a social worker or nursing staff
may help you complete the application form
and will answer your questions.
You may also contact the Mental Health Patient
Advocate directly. The Mental Health Patient
Advocate provides rights information,
investigates complaints, and assists persons
under formal status and those acting on their
behalf upon request.
Mental Health Patient Advocate
Website:
www.albertahealthadvocates.ca
Telephone: Edmonton: 780-422-1812
Throughout Alberta, Toll Free: 310-0000
Then dial 780-422-1812
In writing to:
9th Floor, 106 Street Tower
100
55 108 Street
Edmonton AB T5J
2Y2
Email:
info@albertahealthadvocates.ca
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