Health and Community Services
December 7, 2006

Minister Introduces New Legislation for Mental Health

The Government of Newfoundland and Labrador is moving forward with a progressive piece of legislation focused on the protection and treatment of people suffering from severe mental illness. Bill 61, the Mental Health Care and Treatment Act will enter second reading in the House of Assembly today.

The Honourable Tom Osborne, Minister of Health and Community Services, said the proposed legislation is thorough in scope and represents best-practices in the field of mental health.

"Building a responsive and accessible mental health system is a priority for our government," said the Honourable Tom Osborne, Minister of Health and Community Services. "The new Mental Health Care and Treatment Act, when enacted, will be progressive, and most importantly, it will be reflective of the needs experienced by individuals and families affected by the act having been developed in consultation with stakeholders, consumers and a range of experts in mental health."

The new bill, which replaces legislation over 30 years old, contains several significant changes from the previous act including new eligibility criteria; provision of a range of individual rights and protections; expanded roles for nurses, nurse practitioners and peace officers; changes to the roles and operations of Mental Health Care Treatment Review Board; provision of Community Treatment Orders; and, a mandatory review of the act within five years.

The new legislation clearly lays out what an individual can expect from the health care system if involuntarily admitted to hospital and ensures that individuals will be advised of their rights, including the right to know where and why he/she is admitted; access to a telephone and visitors; retain and instruct counsel; have input into treatment decisions; and, access his/her representative and rights advisor. The position and function of rights advisors are being introduced in the new legislation. These individuals will offer advice and assistance to patients and their families.

"A new treatment option, known as Community Treatment Orders (CTOs) is also incorporated in the legislation. CTOs involve mandatory treatment and care in the community under the supervision of a specialized interdisciplinary team," said Minister Osborne. "This option will apply to a small number of individuals, meeting specific criteria, to allow them to live in the community with supports rather than remain in hospital for extensive periods."

To ensure the protection of individual rights, the new legislation includes a review board which will review involuntary hospital admissions and community treatment orders.

"CHANNAL (Consumers� Health Awareness Network of Newfoundland and Labrador) commends the Minister of Health and Community Services, Tom Osborne, for providing consumers with a voice on the Mental Health Care and Treatment Review Board," said Peter Ralph, member of CHANNAL�s Board of Directors. "The bill provides that consumers should be given preference when appointing lay members to the board. This proposed change in the law represents an acknowledgement that consumers and the consumer movement have a unique perspective on mental health issues and that perspective, often ignored in the past, must be heard."

The development of the new statute was guided by a legislative stakeholder committee comprising consumers, service providers, health and justice program administrators, and community agencies. Additionally, a series of targeted consultations took place across the province in November and December 2005. More than 350 people participated, including consumers, family members and mental health, social service providers psychiatrists, the Provincial Forensic Services Committee, other professional groups and the provincial consumers network � CHANNAL.

"Government did the right thing in developing this legislation by consulting with communities and stakeholder groups across the province," said Nadia Power, president of the Canadian Mental Health Association, Newfoundland and Labrador Division. "I am also impressed with government�s willingness to have input on the more contentious elements of the legislation, such as community treatment orders. A review of the professional literature and willingness on the part of government to recognize the social and community supports required by people on CTOs allowed CMHA to offer support for this element of the legislation."

The report of the Luther Inquiry into the deaths of Norman Reid and Darryl Power released in 2003 highlighted the need for new legislation. The existing Mental Health Act was outdated, having not been updated for 35 years and was developed before the Charter of Rights and Freedoms was enacted.

"Over the last three years, government has invested $3 million towards mental health initiatives, demonstrating its commitment to providing mental health consumers with the resources they need to continue to access services which enable them to live healthy and fulfilling lives," said Minister Osborne. "We will continue to build on these investments to strengthen the mental health system in our province."

A copy of the bill can be found at www.gov.nl.ca/hoa/today.

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Media contact:
Tansy Mundon
Director of Communications
Department of Health and Community Services
709-729-1377, 685-1741
tansymundon@gov.nl.ca

2006                                                            9:05 a.m.
 


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