41.1 (1) When the Board makes an order confirming a patient’s certificate of continuation, the Board may make an order listed in subsection (2) on its own motion or in response to an application made under subsection 39 (6) or may make the order requested under subsection 39 (8). 2015, c. 36, s. 10. List of Board orders (2) The Board is limited to making only one or more of the following orders when it confirms a patient’s certificate of continuation: 1. Transfer the patient to another psychiatric facility, subject to subsections (10), (11) and (12), but only if the patient does not object. 2. Place the patient on a leave of absence for a designated period on the advice of a physician, subject to subsection (13). 3. Direct the officer in charge of the psychiatric facility to provide the patient with a different security level or different privileges within or outside the psychiatric facility. 4. Direct the officer in charge of the psychiatric facility to allow the patient to be provided with supervised or unsupervised access to the community. 5. Direct the officer in charge of the psychiatric facility to provide the patient with vocational, interpretation or rehabilitative services. 2015, c. 36, s. 10. Factors to consider (3) In making an order under this section, the Board shall take into account the following factors: 1. The safety of the public. 2. The ability of the psychiatric facility or facilities to manage and provide care for the patient and others. 3. The mental condition of the patient. 4. The re-integration of the patient into society. 5. The other needs of the patient. 6. Any limitations on the patient’s liberty should be the least restrictive limitations that are commensurate with the circumstances requiring the patient’s involuntary detention. 2015, c. 36, s. 10. Restriction on orders (4) An order under this section shall not direct or require a physician to provide any psychiatric or other treatment to the patient or direct or require that the patient submit to such treatment. 2015, c. 36, s. 10. Exception (5) Despite subsection (4), if a physician agrees to provide psychiatric or other treatment to the patient and the patient, or the patient’s substitute decision-maker, consents to the treatment in accordance with the requirements of the Health Care Consent Act, 1996, the Board may provide that any order it makes under this section is contingent upon that agreement and consent. 2015, c. 36, s. 10. Notice if order on own motion (6) If the Board proposes to make an order under this section on its own motion, it shall provide notice to the persons listed in subsection 42 (2) and provide them with an opportunity to be heard and an opportunity to be added as a party. 2015, c. 36, s. 10. Orders under the Statutory Powers Procedure Act (7) Subsection (2) does not affect the Board’s power to make interim, procedural or other orders under the Statutory Powers Procedure Act. 2015, c. 36, s. 10. Independent assessment (8) In determining whether to make an order under this section, the Board may order an independent assessment of the patient’s mental condition or his or her vocational, interpretation or rehabilitative needs. 2015, c. 36, s. 10. Order may be subject to discretion (9) The Board may make the implementation of an order under this section subject to the discretion of the officer in charge of the psychiatric facility. 2015, c. 36, s. 10. Considerations for transfer (10) In determining whether to order that a patient be transferred to another psychiatric facility, the Board shall consider whether, (a) the transfer is in the patient’s best interests; (b) the transfer is likely to improve the patient’s condition or well-being; and (c) an attempt has been made to transfer the patient under section 29. 2015, c. 36, s. 10. Authority to detain (11) If the Board orders the transfer of a patient to another psychiatric facility, the authority to detain the patient continues in force in the psychiatric facility to which he or she is so transferred. 2015, c. 36, s. 10. Transfer of records (12) The officer in charge of the psychiatric facility from which the patient is transferred may transfer the patient’s record of personal health information to the officer in charge of the psychiatric facility to which the patient is transferred. 2015, c. 36, s. 10. Leave of absence (13) If the Board orders that a patient be placed on a leave of absence, the physician and the patient shall comply with such terms and conditions for the leave of absence as the Board may prescribe. 2015, c. 36, s. 10. Compliance (14) Any person named in an order made under this section shall comply with the order within the time and in the manner provided for in the order. 2015, c. 36, s. 10. Section Amendments with date in force (d/m/y) 2015, c. 36, s. 10
- 21/12/2015