Mental Health Act Changes

The newest amendments to the Mental Health Act came into effect January 01, 2010 at 12:01 AM.

Effective January 1, 2010

• The introduction of Community Treatment Orders (CTOs) as described in the Information Sheet.
• Expansion of Alberta Mental Health Patient Advocate powers of investigation to include persons subject to a CTO.
• Expansion of the Alberta Mental Health Patient Advocate’s ability to compel others to provide information to the Advocate for purpose of an investigation by the Advocate.

Previous recent amendments, effective September 30, 2009

• The second criteria for involuntary admission changed from “danger” to “harm” the alternative to “harm” being likely to suffer substantial mental or physical deterioration or serious physical impairment. 
• Where reasonably possible, notification of a patient’s discharge, including the discharge summary and recommendations for treatment, are to be provided to an individual’s family physician, if known. (Applies to all patients under the Mental Health Act)
• Alberta Mental Health Patient Advocate powers of investigation were expanded to include persons subject to one Admission or Renewal Certificate (in addition to persons under two certificates, as in the past). 

See the Mental Health Amendment Act of Alberta: A Summary of Changes for more information about the changes to the Mental Health Act.

The Mental Health Act and the Mental Health Act Forms Regulation can be accessed through the Queen's Printer.  Enter "Mental Health Act" into "Search."

Changes to Forms

Not all Mental Health Act (MHA) forms are changing. Of the existing 18 forms, seven have been revised to incorporate CTOs - and must be used as of January 1, 2010.

The new versions are available in electronic format by visiting Mental Health Act Forms.

Printed copies of forms 1-18 can be ordered from Data Document Manager, please see Mental Health Act Forms FAQs 2 and 3 for details.

Old versions of the following forms cannot be used after December 31, 2009 and MUST BE DESTROYED.

• MH1983 (2010/01) - Form  7  Information
• MH1984 (2010/01) - Form  8  Warrant
• MH1986 (2010/01) - Form 10  Statement of Peace Officer on Apprehension
• MH1988 (2010/01) - Form 12  Application for Review Panel Hearing
• MH1989 (2010/01) - Form 13  Notice of Hearing Before a Review Panel
• MH1993 (2010/01) - Form 17  Decision of Review Panel Regarding Admission Certificates, Renewal Certificates or CTO
• MH1994 (2010/01) - Form 18  Decision of Review Panel Regarding Renewal Certificates & CTO’s (Deemed Application)

Electronic versions of all forms are available by visiting Mental Health Act Forms.

Note:

• These forms can be completed on the computer and then printed and signed, or printed then completed by hand and signed. They may not be altered in any way.
• CTO forms MH2000-MH2008 (Forms 19-27) will ONLY be available in electronic format i.e. printed copies will not be available to order.

Alberta Health and Wellness is creating two new brochures: MH0008 (2010/01) “Community Treatment Orders - Under the Mental Health Act” and MH0009 (2010/01) “Review Panels: Community Treatment Orders - Under the Mental Health Act” which can be ordered and are also available online.

For information on how to order printed forms, please refer to our Mental Health Act Forms FAQs.

If you have questions or concerns relating to patients who are or were involuntarily detained under the Mental Health Act, you may contact the Mental Health Patient Advocate.