Friday, July 10, 2009

Mental health laws and involuntary patients

If you are an involuntary patient under the Mental Health Act, you have rights. You should be aware of these rights and know who to contact if you need help.

Your basic rights
You have the right to:

  • Appeal to the Mental Health Review Board
  • A second opinion
  • Legal advice
  • Contact people by letter or telephone
  • Complain about your treatment.
Involuntary patients
If you have been admitted as an involuntary patient to a mental health service, it is because a doctor believes that:
  • You appear to be mentally ill
  • Your mental illness requires immediate treatment
  • It is necessary for your health or safety or for the protection of other people
  • You have refused or are unable to consent to necessary treatment
  • There is no less restrictive way for you to receive adequate treatment.
Within 24 hours of admission, a psychiatrist from the mental health service will examine you to decide if all these reasons apply to you. If they do, you must remain an involuntary patient.

Community treatment orders
Your psychiatrist may decide that you can receive the treatment you need in the community and place you on a community treatment order. However, you are still an involuntary patient.

Mental Health Review Board
The Mental Health Review Board is an independent tribunal that:
  • Hears appeals from patients who want to be discharged.
  • Reviews all patients periodically to decide if they can be discharged.

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