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18 Cards in this Set

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Provincial law that outlines the rights of patients in psychiatric facilities, guidelines for admitting a person to a psychiatric facility as a voluntary or involuntary patient, guidelines for issuing, renewing, or terminating community treatment orders
Ontario Mental Health Act
Provincial act that establishes legal criteria determining when a person has the ability to make decisions that are fundamental to his/her well being
Health Care Consent and Substitute Decisions Act
How long do you have to order a form 1 after examining a patient?
7 days
What are the criteria for forming a patient (form 1)?
Box A criteria: reasonable cause to believe that person has threatened/attempted to cause bodily harm to selves or others or there is evidence that the patient can't care for him or herself

Must satisfy the past AND the future test
What is a form 1?
Formal application for a psychiatric assessment
After being brought in how long can you keep a patient on form 1?
72 hours (based on date and time filled out at BOTTOM of sheet, that is the clock starts ticking when they get into a schedule 1 facility)
What is a form 42?
Companion form to form 1. Form 42 is the patient's copy informing them as what has been done to them and informing them of their rights (to retain a counsel, etc...)
When do you have a right to chemically restrain a patient?
Patient who is detained under a Form 1 may be chemically or physically restrained in order to prevent serious bodily harm against their wishes

In a non-emergency situation a patient must be deemed capable to consent to treatment in order to receive or refuse treatment
What is capacity?
Ability to understand relevant information

Ability to appreciated the reasonably foreseeable consequences of decision or lack thereof

Capacity is SPECIFIC to the decision under question
What is the minimum age for giving consent in Ontario?
There is no minimum age
What are the criteria that need to be met for consent to be given/not given:
1) Disclosure of relevant information on behalf of physician

2) Patient is capable
How should you evaluate capacity?
What's your understanding of your condition? (assess understanding of condition)

What is your understanding of the treatment? (assess understanding of treatment)

What might happen if you don't take the treatment?

How will it help? (assess understanding of risks, benefits, and alternatives)

Are there any other treatments? How will they help?
If a patient is deemed incapable, what is the next step?
Assign a substitute decision maker
What is the hierarchy for determining who will be the substitute decision maker of an incapable patient?
Guardian > attorney for personal care > respresentative as appointed by the Consent and Capacity Board > spouse or partner > child (16 or older) or parent or Children's Aid Society > parent with access only > brother or sister > any other relative (blood, marriage, or adoption)
What criteria must the SDM make his or her decisions on?
NOT the decision the SDM feels would be best but rather the decision they feel the patient would make if he/she were capable

If prior wishes known, follow them

If prior wishes unknown, follow "best interest"
What is a form 2?
Application for a psychiatric assessment (just like a form 1) but it is issued by a justice of the peace
If a patient is deemed incapable with respect to a specific treatment, how long does this judgement of incapacity last?
In addition to being treatment specific, capacity is time specific and can fluctuate even throughout a day. A person may be incapable at one moment and capable the next.
What criteria must be met for a patient's consent to be valid?
Consent must relate to the treatment in question

Consent must be informed

Consent must be voluntary