The British Columbia Mental Health Act (MHA) provides physicians and hospitals with the legal authority to admit and detain patients with a mental disorder (which may include primary psychiatric disorders such as bipolar disorder, depression, schizophrenia, and neuropsychiatric disorders such as traumatic brain injury, Parkinson’s disease, Alzheimer’s, or dementia) in a designated facility if they meet certain specified criteria. The law also has patient protections and rights to ensure the law is applied in an appropriate manner.
British Columbia's Mental Health Act (MHA) became law in 1964, and there have been several legislative updates since then. The purpose of the MHA is to guide the treatment of individuals with mental disorders who require protection and care. Protection as defined by BC law includes not just physical protection, but also social, family, work, or financial life of the patient. The MHA also dictates how treatment and care can be provided if an individual is not willing to accept it.
There are 3 methods through which a person can be involuntarily transported or admitted to a designated facility:
In order for an individual to be admitted involuntarily, a physician must be of opinion that all of the following four criteria must be met:
The following describes a general timeline of when Forms are completed for an involuntary hospital admission, and who is responsible for completion of the Form. At a bare minimum, the following Forms must be completed immediately on any involuntary admission, regardless of the length of a patient's involuntary admission:
| Form Name | Form # | When to complete | Responsible party |
|---|---|---|---|
| 1st Medical Certificate | Form 4 | On decision to involuntarily admit | Physician |
| 2nd Medical Certificate | Form 4 | Within 48 hours | Physician |
| Consent for Treatment | Form 5 | Immediately upon admission | Physician/designate |
| Medical Certificate for Involuntary Admission | Form 6 | If patient requires admission > 1 month | Physician |
| Notification of Involuntary Patients of Rights Under the Mental Health Act | Form 13 | Immediately upon admission | RN |
| Nomination of Near Relative | Form 15 | Immediately upon admission | Director/Patient/RN |
| Notification to Near Relative (Involuntary Patient/Patient Under Age Sixteen) | Form 16 | Immediately upon admission | Director/RN/unit clerk |
| Notification of Near Relative, Discharge of Involuntary Patient | Form 17 | On discharge from hospital | Physician/team |
| Certification of Discharge - at Patient's Request | Form 19 | On discharge from hospital | Physician |
| Leave Authorization | Form 20 | On extended leave | Physician |
| Director's Warrant, Apprehension of Patient | Form 21 | Upon AWOL | Director/designate |
| Risk Assessment Form | - | Upon AWOL | Director/designate |