33.1 (1) A physician may issue or renew a community treatment order with respect to a person for a purpose described in subsection (3) if the criteria set out in subsection (4) are met.  2000, c. 9, s. 15. Same (2) The community treatment order must be in the prescribed form.  2000, c. 9, s. 15. Purposes (3) The purpose of a community treatment order is to provide a person who suffers from a serious mental disorder with a comprehensive plan of community-based treatment or care and supervision that is less restrictive than being detained in a psychiatric facility. Without limiting the generality of the foregoing, a purpose is to provide such a plan for a person who, as a result of his or her serious mental disorder, experiences this pattern:  The person is admitted to a psychiatric facility where his or her condition is usually stabilized; after being released from the facility, the person often stops the treatment or care and supervision; the person’s condition changes and, as a result, the person must be re-admitted to a psychiatric facility.  2000, c. 9, s. 15. Criteria for order (4) A physician may issue or renew a community treatment order under this section if, (a) during the previous three-year period, the person, (i) has been a patient in a psychiatric facility on two or more separate occasions or for a cumulative period of 30 days or more during that three-year period, or (ii) has been the subject of a previous community treatment order under this section; (b) the person or his or her substitute decision-maker, the physician who is considering issuing or renewing the community treatment order and any other health practitioner or person involved in the person’s treatment or care and supervision have developed a community treatment plan for the person; (c) within the 72-hour period before entering into the community treatment plan, the physician has examined the person and is of the opinion, based on the examination and any other relevant facts communicated to the physician, that, (i) the person is suffering from mental disorder such that he or she needs continuing treatment or care and continuing supervision while living in the community, (ii) the person meets the criteria for the completion of an application for psychiatric assessment under subsection 15 (1) or (1.1) where the person is not currently a patient in a psychiatric facility, (iii) if the person does not receive continuing treatment or care and continuing supervision while living in the community, he or she is likely, because of mental disorder, to cause serious bodily harm to himself or herself or to another person or to suffer substantial mental or physical deterioration of the person or serious physical impairment of the person, (iv) the person is able to comply with the community treatment plan contained in the community treatment order, and (v) the treatment or care and supervision required under the terms of the community treatment order are available in the community; (d) the physician has consulted with the health practitioners or other persons proposed to be named in the community treatment plan; (e) subject to subsection (5), the physician is satisfied that the person subject to the order and his or her substitute decision-maker, if any, have consulted with a rights adviser and have been advised of their legal rights; and (f) the person or his or her substitute decision-maker consents to the community treatment plan in accordance with the rules for consent under the Health Care Consent Act, 1996.  2000, c. 9, s. 15. Exception (5) Clause (4) (e) does not apply in any of the following circumstances: 1. If a rights adviser has made best efforts to locate the person subject to the order, the person could not be located and the rights adviser so informs the physician. 2. If the person subject to the order refuses to consult with a rights adviser and the rights adviser so informs the physician. 3. If, for the renewal of the order, the Public Guardian and Trustee is the substitute decision-maker for the person subject to the order.  2010, c. 1, Sched. 17, s. 1. Content of order (6) A community treatment order shall indicate, (a) the date of the examination referred to in clause (4) (c); (b) the facts on which the physician formed the opinion referred to in clause (4) (c); (c) a description of the community treatment plan referred to in clause (4) (b); and (d) an undertaking by the person to comply with his or her obligations as set out in subsection (9) or an undertaking by the person’s substitute decision-maker to use his or her best efforts to ensure that the person complies with those obligations.  2000, c. 9, s. 15. Protection from liability, substitute decision-maker (7) The substitute decision-maker who, in good faith, uses his or her best efforts to ensure the person’s compliance and believes, on reasonable grounds, that the person is in compliance is not liable for any default or neglect of the person in complying.  2000, c. 9, s. 15. Legal advice (8) The person who is being considered for a community treatment order, or who is subject to such an order, and that person’s substitute decision-maker, if any, have a right to retain and instruct counsel and to be informed of that right.  2000, c. 9, s. 15. Obligations of person (9) If a person or his or her substitute decision-maker consents to a community treatment plan under this section, the person shall, (a) attend appointments with the physician who issued or renewed the community treatment order, or with any other health practitioner or other person referred to in the community treatment plan, at the times and places scheduled from time to time; and (b) comply with the community treatment plan described in the community treatment order.  2000, c. 9, s. 15. To whom copies of order and plan to be given (10) The physician who issues or renews a community treatment order under this section shall ensure that a copy of the order, including the community treatment plan, is given to, (a) the person, along with a notice that he or she has a right to a hearing before the Board under section 39.1; (b) the person’s substitute decision-maker, where applicable; (c) the officer in charge, where applicable; and (d) any other health practitioner or other person named in the community treatment plan.  2000, c. 9, s. 15. Expiry of order (11) A community treatment order expires six months after the day it is made unless, (a) it is renewed in accordance with subsection (12); or (b) it is terminated earlier in accordance with section 33.2, 33.3 or 33.4.  2000, c. 9, s. 15. Renewals (12) A community treatment order may be renewed for a period of six months at any time before its expiry and within one month after its expiry.  2000, c. 9, s. 15. Subsequent plans (13) Upon the expiry or termination of a community treatment order, the parties may enter into a subsequent community treatment plan if the criteria set out in subsection (4) are met.  2000, c. 9, s. 15. Section Amendments with date in force (d/m/y) 2000, c. 9, s. 15
- 01/12/2000 2010, c. 1, Sched. 17, s. 1 - 18/05/2010