KWANTLEN Mental Health Act Rights and Requests

POLYTECHNIC Forms 11,12, 13, & 14

UNIVERSITY Presented by: Kathryn Beamiss | John Fajardo | Janna Reyes | Mira Shoker | Avnoor Virk (Group 6)

Form 11 Form # Form Name Intended Use Form 13

• According to law, involuntary patients are considered Allows request for second • Legal rights of involuntary patient under the Mental
to be in agreement with treatment (4) Request for Second opinion from another Health Act (2)
• Patient admitted involuntarily, or someone on their Form 11 Medical Opinion physician about
• Patient notified of rights upon admission, transfer
behalf, can request for a second medical opinion from another facility, changed from voluntary to
(1,4,5) treatment (4) involuntary status, or when renewing certification (4)
• Patient can request every certification renewal period Medical Report (Second • Rights must be delivered verbally by nurse and in
(4,5) Provides opinion given by
• Mental Health Centre (MHC) should provide Form 11 Form 12 Medical Opinion)
the second physician (3)
writing as a copy that the patient may review (4)
• If patient is unable to understand the information at
to patient to complete and return (1) the time given, they must be notified again when they
• Person who is requesting may nominate up to two
Notification to are deemed capable (4)
doctors they wish to see or have facility director
appoint doctor (1) Involuntary Patient of Informs involuntary patient of
• Expense of conducting the medical examination are Form 13 Rights Under the Mental their rights under the Mental
covered by the provincial government, not the facility. Health Act Health Act (3)
(1)
Patient’s Rights
• Patient may be subject to doctor’s travel costs
depending on the distance (1) Notification to patient 1. Know the name and location of facility
2. Reason for admission
under age 16, admitted by (Similar to Form 13) Informs 3. To contact a lawyer
Form 12 Form 14 parent or guardian, of patient under 16 of their rights 4. To be examined regularly by physician to
rights under the Mental under the Mental Health Act (3) see if you still need to be an involuntary
• Second medical opinion is completed by the appointed
physician to assess diagnosis and/or treatment (1) Health Act patient
5. Apply for a review panel
• The physician: (4) 6. To apply to the court to ask a judge if your
o Does not need to have a permit to practice in the
designated facility
Why do these forms matter? medical certificates are in order.
7. To appeal to the court your medical
o Should have access to patient and patients • Ensures appropriateness of doctor’s decision to keep you in the
treatment record Form 11 & 12 treatment and related facility.
o Should have an opportunity to discuss patients diagnosis 8. To request a second medical opinion on
treatment and care needs with the primary the appropriateness of medical treatment
physician • Ensures that the patient has
adequate information about (Right 8 is excluded from Form 14)
• Medical report completed after receiving request and
sent to facility director within 2 working days of Form 13 & 14 their rights so that they can
completing form (4) make informed decisions
about their care
Form 14
• Physician documents patient’s agreement or
• Legal rights of patient under 16 who has been
disagreement to treatment plan (1)
admitted by parent or guardian (similar to Form 13)
• Director may consider making changes to treatment as
• Excludes the right for the patient to request a second
necessary (1)
What are the risks of not Roles of the Nurse related medical opinion (3)
• If acting on the second opinion requires a change in • Patient promptly notified of rights upon admission,
notifying a patient of their rights? to Forms 11, 12, 13, and 14
treatment, a new Form 5 should be completed and transfer from another facility, change from voluntary to
signed by patient or MHC Director (1) ✓ Notify patient of rights and ensure they involuntary status, or when renewing certification (1)
• Rights must be delivered verbally by nurse and in
Legal Risks Personal Risks are understood
writing as a blank copy that the patient may review (1)
•A patient may wish to verify or
Why challenge the medical opinion ✓ Ensure all forms are filled out, signed, • If patient is unable to understand the information at
might of the first attending doctor • There may be a • Patients may become
and filed appropriately the time given, they must be again notified when they
are deemed capable (4)
a patient •There may be a specific disruption in the disempowered and ✓ Respond promptly to patients who wish
doctor that the patient wishes certification process distrustful of the
request a to see • Staff and facility may be healthcare system
to enact their rights
Mental health facilities must display Mental
second •A patient may wish to get at risk for a lawsuit • Patients may feel ✓ Collaborate with patient regarding their
Health Act forms 1-10 and 13-14 in a
less autonomous and
medical more information regarding
therefore less
care and provide resources to benefit
conspicuous area that is easily accessible to
their diagnosis or other health- them
opinion? related issues involved in their care patients (1)