Form 13.1 (British Columbia - Notification to Involuntary Patient of Rights) and Independent Rights Advice Service (IRAS)

• People admitted involuntarily must be given information about their rights under the Mental Health Act.
• A patient's rights, as described in Form 13 must be communicated to the patient upon all involuntary admissions and upon all renewals of involuntary status.
• Thus, a Form 13 must be given to a patient any time a Form 4 or Form 6 is completed.
  • A copy of Form 13 is given to the patient and the original is placed in the patient's chart.
• The patient should also sign a Form 13 themselves.
  • In some instances, a patient may be unable or unwilling to sign a Form 13. One must still provide the notice to the patient, document the patient’s refusal or inability to complete the form and maintain a copy on file to demonstrate that the notification was provided in a timely way.
• In cases where a patient an involuntary patient is transferred to another facility, they must be given the rights information by the new facility to which they are transferred.
  • This applies even though the person was given the rights information when admitted to the initial facility. The information must be provided “on admission” to the new facility.

• A designated healthcare professional or staff (e.g., nurse or social worker) is responsible for assessing whether a patient understands their rights and provide chances for the patient to ask questions.
• If the patient does not appear to understand their rights, this must be documented in their chart.
• The designated staff must also re-inform the patient of their rights within a reasonable amount of time and once again document if the patient does not appear to understand.
  • The staff must attempt to complete the Form 13 (i.e. - notify the patient of their rights) at least once per 12-hour shift.
  • There should be documentation if the attempt has failed or the patient was inaccessible (e.g. - decreased level of consciousness, delirium, or significant agitation)
• This process must continue to be repeated at reasonable intervals until it is clear that the patient is capable of understanding their rights.

• If the patient is capable, ask patient to sign the form when/if they understand their rights. Place original form in the patient's chart.

• If patient is not capable of understanding rights information:
  • Document on the form why the patient was not capable of comprehending rights and place in chart
  • Reassess and document on form every 12 hours for change in capability to comprehend rights up to 72 hours
  • Once patient regains capability, provide rights advice on new form.
• After 72 hours, if there is no expectation that patient will regain capability, document assessment and pause attempts at form completion.

• If patient understands information, but declines to sign, further attempts are not required.
• Document that the patient reviewed and declined to sign, and place in chart.

The patient is notified of the 8 following rights:

1. To know the name and location of the facility that are being admitted to
2. To know the reason why they are being admitted under the Mental Health Act
3. To contact a lawyer
4. To be examined regularly by a medical doctor to see if they still need to be an involuntary patient
5. To apply to the review panel to decide if they should be discharged
6. To apply to the court to ask a judge if your medical certificates are in order (normally a lawyer is required)
7. To appeal to the court your medical doctor's decision to keep you in the facility (normally a lawyer is required)
8. To request a second medical opinion on the appropriateness of their medical treatment (note that the second opinion is not about whether the patient should continue as an involuntary patient, but rather, is on the appropriateness of the medical treatment). To request a second opinion, a Form 11 is filled out.

Independent Rights Advice Service (IRAS) is a provincial service that began in 2025 that provides timely, independent rights advice to individuals certified under the BC Mental Health Act, whether in a Designated Facility or in Community for those on Extended Leave.​ ​The right to meet with a Rights Advisor is listed on the Form 13.1.

• In a Designated Facility: if a patient requests IRAS, staff will assist the patient with booking a meeting and complete a Form 22 (Request for Rights Advice in Facility).
• In the Community: patients can request meetings directly through the IRAS portal​.

• For patients under the age of 16 who have been admitted by their parent or guardian, a Form 14.1 (Notification to Patient Under Age 16, Admitted by Parent or Guardian, or Rights under the Mental Health Act) is given instead of a Form 13.1