20 (1) The attending physician, after observing and examining a person who is the subject of an application for assessment under section 15 or who is the subject of an order under section 32, (a) shall release the person from the psychiatric facility if the attending physician is of the opinion that the person is not in need of the treatment provided in a psychiatric facility; (b) shall admit the person as an informal or voluntary patient if the attending physician is of the opinion that the person is suffering from mental disorder of such a nature or quality that the person is in need of the treatment provided in a psychiatric facility and is suitable for admission as an informal or voluntary patient; or (c) shall admit the person as an involuntary patient by completing and filing with the officer in charge a certificate of involuntary admission if the attending physician is of the opinion that the conditions set out in subsection (1.1) or (5) are met.  R.S.O. 1990, c. M.7, s. 20 (1); 2000, c. 9, s. 7 (1). Conditions for involuntary admission (1.1) The attending physician shall complete a certificate of involuntary admission, a certificate of renewal or a certificate of continuation if, after examining the patient, he or she is of the opinion that the patient, (a) has previously received treatment for mental disorder of an ongoing or recurring nature that, when not treated, is of a nature or quality that likely will result in serious bodily harm to the person or to another person or substantial mental or physical deterioration of the person or serious physical impairment of the person; (b) has shown clinical improvement as a result of the treatment; (c) is suffering from the same mental disorder as the one for which he or she previously received treatment or from a mental disorder that is similar to the previous one; (d) given the person’s history of mental disorder and current mental or physical condition, is likely to cause serious bodily harm to himself or herself or to another person or is likely to suffer substantial mental or physical deterioration or serious physical impairment; (e) has been found incapable, within the meaning of the Health Care Consent Act, 1996, of consenting to his or her treatment in a psychiatric facility and the consent of his or her substitute decision-maker has been obtained; and (f) is not suitable for admission or continuation as an informal or voluntary patient.  2000, c. 9, s. 7 (2); 2015, c. 36, s. 1. Physician who completes certificate of involuntary admission (2) The physician who completes a certificate of involuntary admission pursuant to clause (1) (c) shall not be the same physician who completed the application for psychiatric assessment under section 15.  R.S.O. 1990, c. M.7, s. 20 (2). Release of person by officer in charge (3) The officer in charge shall release a person who is the subject of an application for assessment under section 15 or who is the subject of an order under section 32 upon the completion of 72 hours of detention in the psychiatric facility unless the attending physician has released the person, has admitted the person as an informal or voluntary patient or has admitted the person as an involuntary patient by completing and filing with the officer in charge a certificate of involuntary admission.  R.S.O. 1990, c. M.7, s. 20 (3). Authority of certificate (4) An involuntary patient may be detained, restrained, observed and examined in a psychiatric facility, (a) for not more than two weeks under a certificate of involuntary admission; and (b) for not more than, (i) one additional month under a first certificate of renewal, (ii) two additional months under a second certificate of renewal, (iii) three additional months under a third certificate of renewal, and (iv) three additional months under a first or subsequent certificate of continuation, that is completed and filed with the officer in charge by the attending physician.  R.S.O. 1990, c. M.7, s. 20 (4); 2015, c. 36, s. 4 (1). Conditions for involuntary admission (5) The attending physician shall complete a certificate of involuntary admission, a certificate of renewal or a certificate of continuation if, after examining the patient, he or she is of the opinion both, (a) that the patient is suffering from mental disorder of a nature or quality that likely will result in, (i) serious bodily harm to the patient, (ii) serious bodily harm to another person, or (iii) serious physical impairment of the patient, unless the patient remains in the custody of a psychiatric facility; and (b) that the patient is not suitable for admission or continuation as an informal or voluntary patient.  R.S.O. 1990, c. M.7, s. 20 (5); 2000, c. 9, s. 7 (3, 4); 2015, c. 36, s. 1. Change of status, where period of detention has expired (6) An involuntary patient whose authorized period of detention has expired shall be deemed to be an informal or voluntary patient.  R.S.O. 1990, c. M.7, s. 20 (6). Idem, where period of detention has not expired (7) An involuntary patient whose authorized period of detention has not expired may be continued as an informal or voluntary patient upon completion of the approved form by the attending physician.  R.S.O. 1990, c. M.7, s. 20 (7); 2000, c. 9, s. 7 (5). Examination of certificate by officer in charge (8) Forthwith following completion and filing of a certificate of involuntary admission, a certificate of renewal or a certificate of continuation, the officer in charge or his or her delegate shall review the certification documents to ascertain whether or not they have been completed in compliance with the criteria outlined in this Act and where, in his or her opinion, the documents are not properly completed, the officer in charge shall so inform the attending physician and, unless the person is re-examined and released or admitted in accordance with this section, the officer in charge shall release the person.  R.S.O. 1990, c. M.7, s. 20 (8); 2000, c. 9, s. 7 (6); 2015, c. 36, s. 4 (2). Section Amendments with date in force (d/m/y) 2000, c. 9, s. 7 (1-6)
- 01/12/2000 2015, c. 36, s. 1, 4 (1, 2)
- 21/12/2015