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AR 337/2009 COMMUNITY TREATMENT ORDER REGULATION

(Consolidated up to 20/2017)

ALBERTA REGULATION 337/2009

Mental Health Act

COMMUNITY TREATMENT ORDER REGULATION

Table of Contents

                1      Definitions

                2      Examinations

                3      Supervision of community treatment order

                4      Provision of treatment or care by regional health authority


                5      Designation of physician

                6      Reporting non‑compliance

                7      Copies of documents

                8      Written statement and notice

                9      Review on renewal

              10      Expiry

              11      Coming into force

Definitions

1   In this Regulation,

                               (a)    “Act” means the Mental Health Act;

                              (b)    “appropriate regional health authority” means the regional health authority of the region in which the person who is subject to a community treatment order normally resides;

                               (c)    “appropriate review panel” means the review panel determined by the Minister as the appropriate review panel for a person who is subject to a community treatment order;

                              (d)    “issuing psychiatrist” means the psychiatrist, or the physician designated in accordance with section 9.7 of the Act, who last issued, renewed or amended a community treatment order;

                               (e)    “prescribed form” means a form prescribed in the Mental Health Act Forms Regulation (AR 136/2004).

Examinations

2   Examinations for the purposes of sections 9.1 and 9.6 of the Act may be conducted remotely using any means considered appropriate by the examining physician, including, but not limited to, video conference technology.

Supervision of community treatment order

3   A community treatment order may be supervised only by a physician.

Provision of treatment or care by regional health authority

4   If the treatment or care required under a community treatment order includes services provided by a regional health authority, the community treatment order, including any amendments to the treatment or care plan, must be signed by a person authorized by the regional health authority before it becomes effective.

Designation of physician

5(1)  Only a physician may be designated under section 9.7(1) of the Act.

(2)  A designation of a physician for the purposes of section 9.7(1) of the Act is effective for a maximum term of 2 years from the date of the designation and may be renewed.

(3)  A designation referred to in subsection (1) must be in the prescribed form and must be signed by a person authorized by the board or the regional health authority to do so.

Reporting non‑compliance

6(1)  A person who is named in a community treatment order as a provider of treatment or care to the person who is subject to the community treatment order must report any failure by that person who is subject to the community treatment order to comply with the terms of the community treatment order by completing the prescribed form and submitting it to the appropriate regional health authority.

(2)  The prescribed form must be submitted within 24 hours of the time at which the person providing treatment or care becomes aware of the failure to comply with the terms of the community treatment order.

(3)  On receipt of the prescribed form, the regional health authority must, within 24 hours, provide copies of the prescribed form to the physician responsible for supervision of the community treatment order.

Copies of documents

7(1)  A copy of each community treatment order and any prescribed forms completed in respect of it, except a report required under section 6(1), must be sent by the issuing psychiatrist to the appropriate regional health authority.

(2)  The regional health authority must, on receipt of the copies of the community treatment order and forms referred to in subsection (1), promptly provide copies to

                               (a)    any other regional health authority providing services to the person who is subject to the community treatment order,

                              (b)    the person who is responsible for supervising the community treatment order, if that person is not the issuing psychiatrist, and

                               (c)    the person who is responsible for providing the written statement referred to in section 8, if that person is not the regional health authority.

Written statement and notice

8(1)  For the purposes of section 14(1.1) of the Act, the person who is responsible for giving the written statement and copy of the issued, amended or renewed community treatment order to the persons set out in section 14(1.1)(b) of the Act is the issuing psychiatrist.

(2)  For the purposes of section 14(5) of the Act, the person who is responsible for giving the notice of expiry or cancellation and any recommendations for treatment to the persons set out in section 14(5) of the Act is the person responsible for supervision of the community treatment order.

Review on renewal

9(1)  At the time of the first renewal of a community treatment order and every 2nd renewal thereafter, the issuing psychiatrist shall forward copies of the prescribed forms to the appropriate review panel for review in accordance with section 39(2) of the Act.

(2)  Where a review panel receives an application for review of a community treatment order that it does not have jurisdiction to deal with because it is not the appropriate review panel for the person who is subject to the community treatment order, the review panel must immediately forward the application for review to the appropriate review panel.

Expiry

10   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on February 28, 2020.

AR 337/2009 s10;129/2015;20/2017

Coming into force

11   This Regulation comes into force on the coming into force of section 8 of the Mental Health Amendment Act, 2007.