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Alberta Mental Health Act Alberta Mental Health Amendment Act. Outline. Introduction to mental health Mental Health Act Mental Health Amendment Act – Bill 31 Benefits of Community Treatment Orders (CTO’s) Criticisms of CTO’s Implications http://www.youtube.com/watch?v=dFdYqRuqKDM. - PowerPoint PPT Presentation
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OutlineIntroduction to mental healthMental Health ActMental Health Amendment Act – Bill 31Benefits of Community Treatment Orders
(CTO’s)Criticisms of CTO’sImplications
http://www.youtube.com/watch?v=dFdYqRuqKDM
Alberta Mental Health Act• Provincial Statute/Law• 1 of 3 Acts that take away people’s liberty to
make their own decisions (Criminal Act is another)
• Very powerful! • Allows for involuntary detention & treatment of
persons w/mental illness under certain conditions:– Mental disorder– Danger to self or others– No alternative
MHA cont’dActs contain regulations (HOW the Act will
be carried out). In the MHA the following regulations are included:Apprehension S 10 (how someone gets to facility)Examination S 5 (what Doc & facility can do)Admission Certificates S 2 (that allow ppl to be detained
in facility)Renewal Certificates S 8Treatment Decisions Ss 26-29Review Panels Ss 34-41Judicial Review S 43
MHA – Patient Rights• The following patient rights are listed within
the Act:– Information– Confidentiality– Communications– Visitors– Legal representation– Refusal of treatment– Appeal– Have an advocate
MHA Amendment Act - 2007Not law yet. First passed April 17, May 10, and
again on December 7, 2007. Not yet proclaimed.Significant Changes
- New Act will lower the threshold for certification, and for CTO’s
- Detainment not only in facilities but in community as well (CTO)
- CTO can be revoked and you can be ordered back as an inpatient
- Role of other health care professionals expanded- May have large impact on ER’s- Good middle step which is following legislation of other
provinces
Community Treatment Orders• Patient must still suffer from a mental disorder• Must still meet list of criteria as outlined in MHA S
9.1(1)(b)• Treatment must exist in community AND will be
provided• Physicians must believe there will be compliance by
pt• Expiration:
– Expires 6 mths after issued– No restriction on amt of renewals– If person breaches order, physician signs an instant
order for police to apprehend the person to a facility and be assessed for certification
“While opponents of community committal make the case that it denies people the basic right to choose or refuse treatment, those who favour this strategy counter that we are not enhancing people's rights by allowing them to live without dignity or decent quality of life. Without regular treatment, people are more apt to be admitted and readmitted to hospital, a place where involuntary patients have few rights indeed. In fact, by helping to see that they receive treatment outside the hospital, we are actually helping to safeguard people's right to a fulfilling life in the community. ” (CMHA, 1998).
“For both consumers and others, it often comes down to a question of human rights and civil liberties,” (CMHA, 1998).
Consistent treatment It does not enhance rights to allow people to live without
dignity or decent quality of life Clients have very few rights if involuntarily hospitalized;
community committal is less restrictive is a preferred last resort alternative to involuntary hospitalization
There is less intrusion on civil liberties than in hospital and savings on costs can be transferred to community services
Some mental illnesses affect ability to reason New medications are effective if used consistently Professional role is more effective if patients comply with
treatment
Community Treatment Orders
Benefits
A Community Treatment Order (CTO), “...means an order requiring treatment for mental illness of a person who is at large in the community but does not apply to a person in prison or a patient in an approved mental health service,” (Brophy & Ring, 2004, pp. 159).
- Depending on the individual, different measures will be taken- The intended purpose of CTO’s is...
Community Treatment OrdersCriticisms
‘Police Like’ Role vs. The Therapeutic RoleCTO’s effectiveness is questionableFurther Oppressive (State power over human
rights)Response to and filling the gap for lack of
community resourcesInvoluntary and enforced on non-compliant patientsInformed Choices and Human RightsNegative impacts of coercionFurther disempowering
Implications to Practice and Mental Healthcare
• Intended Consequence: Economic Savings
- Proponents of CTO’s cite many positive consequences including freeing up hospital beds and economic savings to an overtaxed healthcare system
- It has been noted in the literature, however, that consumers struggle to obtain adequate community services voluntarily, let alone if individuals are mandated.
- How can we achieve adequate service provision in the community to support CTO’s in the current economic and political climate?
- Will hospital services remain an adequate alternative should patients need that level of care?
Intended Consequence: Consumer Stabilisation & Consistency of Care
- As opposed to revolving door hospitalizations and lack of cohesive and consistent care after discharge
Challenges- Structure of services not currently existing in
diversity or number- Inequity of service provision geographically in
province
Possible Unintended Consequences Social Implications
Consumer loss of personal autonomy and control over treatment
Coercion a) Causes anxiety for practitioners who over-see CTO’s
b) Strongly opposed by many consumer groups as in direct conflict with human rights
c) Also opposed by family and allies for the same reasons
Legalities CTO’s could criminalize mental health by bringing consumers into contact with
police and making treatment a legal issue
Substantial Deterioration or Serious Impairment
Intended Consequence: to allow health professionals to treat a person who is seriously mentally ill that are not a danger to themselves or others
Possible Unintended Consequences:Medical : Assessment tools need to be created or
implemented in health setting as applies to Bill 31Legal: term ‘serious’, ‘substantial’ and
‘deterioration’ are ambiguous and may become a constitutional issue because they are open to interpretation
Community Treatment OrdersIntended Consequence: to improve quality of
life for individuals through treatmentPossible Unintended Consequences:
Not a recovery model thus individuals are in a continuous cycle of being ‘the disabled’
Treatment not defined Social: flexibility also can create opportunities for
abuses of power Legal: ambiguity may lead to constitutional issues
Cultural Implications Case of Ifufunyane vs. PsychosisPossible Unintended Consequences:
Social: may close down conversations about the underlying assumptions of health/mental health
Proposed changes to Mental Health Act are substantial and merit planned review for effectiveness
- Changes will be implemented this September, with CTO being implemented in January
- While most Mental Health Acts set out a timeline for evaluation, Bill 31 has no such plan for evaluation
- The last two phases of the stages of policy making could hindered as implementation of Bill 31 could be hindered by lack of service structure and evaluation of the bill has not been specified.
ConclusionsQuestions & Comments
ReferencesAlberta Mental Health Patient Advocate. (2008). Amendments to the Mental Health Act. Retrieved from http://www.mhpa.ab.ca
Al-Issa, I. (Ed.) (1996). Handbook of culture and mental illness: An international perspective. Madison: International Universities Press, Inc.
Brophy, L. & Ring, D. (2004). The efficacy of involuntary treatment in the community: Consumer and service provider perspectives. Social Work in Mental Health, 2
(2-3), 157-174.
Canadian Mental Health Association. Alberta Division: Advocacy. Retrieved from http://www.cmha.ab.ca/bins/site_page2.asp?cid=284-285-1247&lang=1
Canadian Mental Health Association. Alberta Division: Community Committal. Retrieved from http://www.cmha.ab.ca/bins/content_page.asp?cid=5-33-179&lang=1
Dawson, J., Romans, S., Gibbs, A. & Ratter, N. (2003). Ambivalence about community treatment orders. International Journal of Law and Psychiatry, 26 (3), 243-255.
Dreezer & Dreezer Inc. (2005). Report on the legislated review of community treatment of community treatment orders, required under section 33.9 of the mental
health act for Ontario ministry of health and long term care. Retreived on September 1st, 2009, from
http://www.ssaedmonton.com/PDF%20files/Bay_CTO_Review.pdf.
Mental Health Act. c. M-13 R.S.A. (2000).
Mental Health Admendement Act. M-13. (2007).
Niehaus, D. J. H., & Stein, D, J, & Koen, L, &, Lochner, C, & Muller, J. E., Mbanga, N. I., et al (2006).Clinical case discussion: a case of ifufunyane: a Xhosa culture-
bound syndrome. Journal or Psychiatric Practice, 11(6), 411-413.
Premier’s Council on the Status of Person’s with Disabilities (2008, August). Changes on the way for the mental health act. Disability in Focus. Retrieved on September,
2nd, 2009, from http://www.seniors.alberta.ca/PremiersCouncil/DIFnewsletter.pdf
Provincial Health Ethics Network. (2007). Review of bill 31: Mental health amendment act 2007 submitted to the standing committee on community services. Retrieved
September 1, 2009, from http://www.phen.ab.ca/pcons/docs/MHActSummaryFinal.pdf
Psychiatric Patient Advocate Office, Government of Ontario. Retrieved from http://www.ppao.gov.on.ca/inf-com.html
Schizophrenia Society of Alberta. (2007). Alberta Bill 31 Mental Health Amendment Act 2007 Comparative Analysis. Retrieved September 1 from
http://www.ssa-edmonton.com/PDF%20files/BILL31-comments.pdf
Yip, S. (2003). Social workers’ and physicians’ experiences with review panels in British Columbia. Social Work in Mental Health, 2 (1), 71-89.