Health and Community Services
May 22, 2014

Stronger Mental Health Legislation Benefits Families and Communities

Amendments to the Mental Health Care and Treatment Act Protecting Patients’ Rights

The Mental Health Care and Treatment Act focuses on providing protection and treatment to individuals dealing with a severe mental illness. The proposed amendments to the Act, which received second reading in the House of Assembly, will ensure that patients are better informed of their rights and enable the appropriate use of community treatment orders.

“The Mental Health Care and Treatment Act takes a rights-based approach to guide involuntary admission of individuals with severe mental illnesses to a health care facility. The Act takes into consideration the patient’s right to health and safety and the health system’s obligation to provide treatment and support services. The amendments to the Act increase the roles of the patient’s rights advisor and ensure that a patient, who can benefit from a community treatment order, will be able to receive appropriately supervised care in the community.”
- The Honourable Paul Davis, Minister of Health and Community Services

The proposed amendments to the Act will:

• Clarify that a rights advisor may offer advice and assistance to involuntary patients, as defined in the Act;
• Add a requirement that a rights advisor, who must already meet with a patient within 24-hours of being involuntarily admitted, will have to follow-up with the patient and patient’s representative within 10 days to ensure the patient fully understands their rights; and
• Removes the requirement that a patient provide an undertaking before receiving care through a community treatment order. Once a patient comes under a community treatment order they can receive care, treatment and medication outside of a hospital setting under the supervision of a psychiatrist.

“Involuntary admission and community treatment orders are required by a small number of people with the most severe mental illnesses in order to prevent physical and mental harm to themselves and others. These amendments will help ensure that health care professionals are able to provide the necessary care and treatment, while protecting patient rights.”
- Minister Davis

An evaluation of the Mental Health Care and Treatment Act, released last November, identified the need for the proposed amendments. The amendments are based on feedback provided by regional health authorities, policing agencies, Newfoundland and Labrador Legal Aid Commission and consumer advocacy groups.

QUICK FACTS

• The Mental Health Care and Treatment Act focuses on providing protection and treatment to individuals dealing with a severe mental illness.
• The proposed amendments enhance and clarify the role of a patient’s rights advisor and helps ensure that patients who can benefit from a community treatment order have access to this option.
• The need for these amendments was identified in the evaluation of the Mental Health Care and Treatment Act that was released last November and is consistent with feedback provided by stakeholders including the regional health authorities, policing agencies, Newfoundland and Labrador Legal Aid Commission and consumer advocacy groups.
• The evaluation included consultations with stakeholders, clients, health care workers and law enforcement and provided recommendations to strengthen the Act.

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Media contacts:

Heather MacLean Director of Communications Department of Health and Community Services 709-729-1377, 697-4137 heathermaclean@gov.nl.ca

2014 05 23                                        3:20 p.m.