The Food and Drug Administration is barred from regulating mobile health apps designed to maintain or encourage a healthy lifestyle if unrelated to the diagnosis, prevention, or treatment of disease. without 6(2)(a) (with Sch. The Approved Mental Health Professional is in the majority of cases the “applicant” for Section 2 under the Mental Health Act. (b)the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above. Section 47 & 49 of the Mental Health Act - Transfer of a sentenced prisoner to hospital. may also experience some issues with your browser, such as an alert box that a script is taking a 3(h)(i)(ix)), (Act applied (prosp.) Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to, , that requirement shall not apply unless and until—, the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or. And it explains what your rights are on this section. When the Mental Health Act talks about someone with mental health problems and whether or not they should be sectioned, it often uses the term 'mental disorder'. For more information see the EUR-Lex public statement on re-use. (2) Where the period for which the patient is liable to be detained or subject to guardianship is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20(3) or (6) above may be made and furnished within the period as so extended. One of the medical recommendations should be made by a suitably trained and experienced psychiatrist (often the Responsible Clinician) who is approved under section 12 of the Mental Health Act. Indicates the geographical area that this provision applies to. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 2 para. by 1955 c. 18, s. 116C(6) (as substituted (prosp.) 2005/579, art. 2005/579, art. 58(2), 60, Sch. 2(i) (with art. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 1987, c. M110. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. (j) prescribing and governing the obligations of health practitioners, rights advisers, psychiatric facilities and others in relation to the provision of information about rights, and assistance in exercising rights, to persons who have been admitted to a psychiatric facility as patients and who are either incapable, within the meaning of the Health Care Consent Act, 1996, with respect to treatment … 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. The Whole 11; S.I. 2005/579, art. 2, para. 3(h)(i)(ix))), (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) Mental Health Act 1983, Section 21 is up to date with all changes known to be in force on or before 10 December 2020. 2005/579, art. 3, Sch. the Act, you can read the Mental Health Ac t at www.qp.alberta.ca or order a copy from the Alberta Queen's Printer (see page 2 for address). 58(2), 60, Sch. 10); S.I. The term "mental health disorder" is used to describe people who have: 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) The Whole The mental health professional in charge of your care and treatment under the MHA is known as the Responsible Clinician or RC. 2008/1900, art. In order to be an applicant you need to ensure that you have two medical recommendations which state the person needs to be admitted to hospital for assessment and possible treatment for a mental disorder. 7 and Transitional Provisions) Order 2008, https://www.mentalhealthlaw.co.uk/index.php?title=MHA_1983_s21A&oldid=11525. 3 para. 1. Plain text for printing Special provisions as to patients absent without leave. (c)otherwise, is the end of the period during which he can be taken into custody under section 18 above. The other medical recommendation should be provided wherever possible by a doctor who has had a previous acquaintan… There are currently no known outstanding effects for the Mental Capacity Act 2005, Section 21A. 10); S.I. Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time. Changes that have been made appear in the content and are referenced with annotations. [21A.—(1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, not later than the end of the period of 28 days beginning with the first day of his absence without leave. 37(2), 56 (with Sch. Turning this feature on will show extra navigation options to go to these specific points in time. FORM 21 MENTAL HEALTH ACT [ Sections 39 and 41, R.S.B.C., 1996, c. 288 ] DIRECTOR’S WARRANT (APPREHENSION OF PATIENT) HLTH 3521 Rev. by 1996 c. 46, ss. For a judge to make an order under section 21 or 22 of the Mental Health Act, two things must happen: the judge must have reason to believe that the accused has a mental disorder; and. Section 1 Chapter M-13 MENTAL HEALTH ACT 3 Part 6 Mental Health Patient Advocate 44 Definition 45 Mental Health Patient Advocate 46 Employees and advisors 47 Annual report Part 7 General 48 Delegation 49 Powers of Minister 49.1 Regional health authority reporting to Minister 50 … where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be; where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and. The Mental Health Act is a law that tells people with a mental health disorder what their rights are and how they can be treated. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 8, 36(2), Sch. 2008/1900, art. 6(2)(b) (with Sch. 3, Sch. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)Where a patient is absent without leave—, (a)on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act [F2or, in the case of a community patient, the community treatment order would cease to be in force] ; or. Show Timeline of Changes: may also experience some issues with your browser, such as an alert box that a script is taking a 3 para. (5)Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time. The 1/12/20 MHA statutory forms are now available. You 11; S.I. 200 provisions and might take some time to download. 3, Sch. 126(2) On the coming into force of this Act, (a) a person who is a committee of the estate of a person under the former Act is deemed to be a committee of property appointed under this Act; and If you are serving a prison sentence, the prison can send you to hospital for treatment under section 47.You can only be given a section 47 after 2(l) (with art. This law will help get more innovative, low-risk technology in patients’ hands. 40, F6S. ], Patients who are taken into custody or return within 28 days. (a)where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be; (b)where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and. the psychiatric facility where the examination will take place must agree to do the examination. Transfer of patient. 22.10.2018—Mental Health Act 2009 Preliminary—Part 1 Published under the Legislation Revision and Publication Act 2002 7 domestic partner—a person is a domestic partner of another if the person is a domestic partner of the other within the meaning of the 2005/579, art. Geographical Extent: After this the section may be renewed for another six months, and then for a year at a time. For further information see the Editorial Practice Guide and Glossary under Help. 2(2), 7(2), F2Words in s. 21(1)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. There may be other relevant cases without a hyperlink, so please check the mental health case law page. by 1996 c. 46, ss. The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. 200 provisions and might take some time to download. Changes made by Mental Health Act 2007. (3) Where the authority for the detention or guardianship of the patient is renewed by virtue of subsection (2) above after the day on which (apart from section 21 above) that authority would have expired, the renewal shall take effect as from that day.][1]. 2 para. An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 32, 56, Sch. For further information see ‘Frequently Asked Questions’. 2008/1900, art. Section 3 of the Act allows for a person to be detained for up to six months to begin with. ]], F1Ss. 3(h)(i)(ix))). Definitions CHAPTER 2 - VOLUNTARY ADMISSION TO FACILITIES 5.Admission on own request 6.Voluntary admission of children 7.Voluntary admission of persons under guardianship 8.Discharge of voluntary patients 9. 2 para. 2005/579, art. See how this legislation has or could change over time. Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when—. Your Section 35 will end when the court says you do not need to be in hospital any longer. 200 provisions and might take some time to download. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). long time to run. People detained under the Mental Health Act need urgent treatment for a mental health disorder and are at risk of harm to themselves or others. without by 1996 c. 46, ss. It explains when and how courts use this section. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. The parts of the act that are most commonly used are section 2 and section 3. No changes have been applied to the text. by 1996 c. 46, ss. by 1996 c. 46, ss. 2008/2833), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 3 para. 3, Sch.). Schedule 1. [21A.—(1) This section applies where a patient who is absent without leave is taken into custody under section 18 above, or returns himself to the hospital or place where he ought to be, not later than the end of the period of 28 days beginning with the first day of his absence without leave. There are changes that may be brought into force at a future date. 8, 36(2), Sch. 8, 36(2), Sch. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. This page looks at section 47/49 of the Mental Health Act 1983. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Schedules you have selected contains over Act you have selected contains over Mental health: 8, 36(2), Sch. • The first time a word or term that is in the glossary occurs in a section, it is typed in bold print. 2(i) (with art. Law as at 19/11/11 unless otherwise stated under "Amendments" heading, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12ZA, 12ZB, 12ZC, 12A, 13, 14, 15, 16, 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18, 19, 19A, 20, 20A, 20B, 21, 21A, 21B, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules, Overview of the MHA 1983 8, 36(2), Sch. MENTALHEALTHPROCEDURESACT ActofJul.9,1976,P.L.817,No.143 Cl.50 ANACT Relatingtomentalhealthprocedures;providingforthe treatmentandrightsofmentallydisabledpersons,for The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 21. [(4) In the case of a community patient, where the period for which the community treatment order is in force is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20A(4) above may be made and furnished within the period as so extended. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Mental disorder no longer split into separate classifications 3/11/08; Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08; Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08; Supervised Community Treatment replaces Supervised Discharge 3/11/08 You ][2], Foreign-language MHA information leaflets, Supervised Community Treatment replaces Supervised Discharge, Reference Guide to the Mental Health Act 1983, Mental Health (Patients in the Community) Act 1995, Mental Health Act 2007 (Commencement No. 3 para. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. As with detention under section 2 of the Act either an AMHP or the nearest relative can apply for a person to be detained in hospital for treatment. by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) 11; S.I. Any person who transports a mentally ill person to or from a facility for any purpose authorized under this chapter shall not use any restraint which is unnecessary for the safety of the person being transported or other persons likely to come in contact with him. Use this menu to access essential accompanying documents and information for this legislation item. ), F5Words in s. 21(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 10); S.I. (Act applied (prosp.) 2, para. 58(2), 60, Sch. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Print SectionPriontáil an tAlt. 32, 56, Sch. 2, para. 10); S.I. RELATED: Connected Health—It's Personal The first date in the timeline will usually be the earliest date when the provision came into force. otherwise, is the end of the period during which he can be taken into custody under section 18 above. , or the order shall not cease to be in force, For the purposes of subsection (1) above the relevant time—. Act 6, Sch. Act 58(2), 60, Sch. Act you have selected contains over The Transfer of Tribunal Functions Order 2008 (S.I. No versions before this date are available. Section 21. Return to the latest available version by using the controls above in the What Version box. 58(2), 60, Sch. Revised legislation carried on this site may not be fully up to date. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 32, 56, Sch. You can be detained if professionals think your mental health puts you or others at risk, and you need to be in hospital. (5) Where the community treatment period is extended by virtue of subsection (4) above after the day on which (apart from section 21 above) the order would have ceased to be in force, the extension shall take effect as from that day. 2(i) (with art. Prescribed forms. Mental Health Act 1983, Section 21 is up to date with all changes known to be in force on or before 17 December 2020. The Mental Health Act says when you can be detained in hospital and treated against your wishes. [F4(3)Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to [F5the appropriate tribunal], that requirement shall not apply unless and until—, (a)the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or, (b)the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above. The Mental Health Act; Guide to the Mental Health Act (PDF, 5.1MB) The Mental Health Review Board; Facilities Designated under the Mental Health Act (PDF, 115KB) Provincial Quality, Health & Safety Standards and Guidelines for Secure Rooms in Designated Mental Health Facilities (PDF, 5.2MB) Clinical Practice Form Mental Health Act Section 14(2) Detention of a Person (Adult) for the Purpose of Carrying out an Examination Clinical Practice Form Mental Health Act Section 23(1) Power to Prevent Voluntary Patient (Adult) from Leaving an Approved Centre Irish version of form. 8, 36(2), Sch. The Act says that this can include "any disorder or disability of mind". by 1996 c. 46, ss. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. 2005/06/01 (1) Province of British Columbia: To all Peace Officers: first and last name of patient (please print) 2008/1900, art. by 1968 c. 20, s. 23(4) (as substituted (prosp.) 11; S.I. The Whole ), F3Words in s. 21(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. In order to assess somebody under section 3 you require two medical recommendations which state the person needs to be admitted to hospital for treatment for their mental disorder. Mental disorder can include: any mental health problem normally diagnosed in psychiatry; certain learning disabilities. Community advocates are general advocates that can help with lots of different issues. The act effectively decriminalized attempted suicide which was punishable under Section 309 of the Indian Penal Code. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Legislation.gov.uk, Any cases with a hyperlink to this legislation will automatically be added here. This page was last edited on 23 November 2008, at 18:07. by 1957 c. 53, s. 63C(6) (as substituted (prosp.) ), F4S. 11; S.I. 58(2), 60, Sch. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 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