|
Mental Health Legislation in New Brunswick
Mental Health Rights in New Brunswick
These links can be used to directly access the information you are seeking:
Rights in the Community
In-Patient Rights
Power of Attorney
Income and Legal Support
Organizations
Treatment
In dealing with medical practitioners, you have a right to choose any doctor that will see you.
You also have the right to see another for a second opinion if you have concerns about the
diagnosis or treatment plan recommended to you.
All medical practitioners and psychologists must follow legal standards. These include:
- the use of proper skill and knowledge
- fully explaining any treatment plan
- receiving your consent before treatment unless it is an emergency
- keeping information about you confidential except under circumstances such as:
- where there is information given regarding the abuse of a child
- where the individual threatens to harm themselves or others
- when the information is subpoenaed via a court order
If you have a complaint about your doctor, you can:
-
call or write the "College of Physicians and Surgeons of New Brunswick" if the complaint is
about a psychiatrist or general practitioner (1-800-667-4641, or 1 Hampton Road, Suite 300,
Rothesay, NB E2E 5K8)
-
call or write the "College of Psychologists of New Brunswick" if the complaint is about
a psychologist or psychotherapist (1-506-459-1994, or 403 Regent Street, Fredericton, NB E3B 3X6)
- contact a lawyer
- contact the police if the situation involves any harm toward you in any way.
Human Rights
The New Brunswick Human Rights Commission enforces the "Human Rights Act" which says that every person
is free and equal in dignity and rights without regard to mental disability. People, businesses, and
institutions in the community therefore must treat each individual with fairness and not discriminate
by denying persons the opportunities accorded the general population. For more information on
the act, including the complete text, visit the
New Brunswick Human Rights Commission
homepage.
Hospitalization
Psychiatric hospitalization occurs when:
- you and a doctor agree that it is necessary, or
- you are sent by court order under an Order of Examination, or
- a Certificate has been issued.
An Examination Certificate is a form that a doctor completes after an assessment if he/she considers you to be:
- suffering from a psychiatric or mental disorder, and
- presenting a risk of harm to yourself or others, or
- not suitable for admission as a voluntary patient.
Once issued, a peace officer can take you to a hospital setting.
Choosing Treatment
It is your right to choose whether or not you want treatment. It is also your right to change your
mind at any time about consenting to a treatment. Informed consent means that an appropriate effort
has been made by a psychiatrist to answer your questions about:
- the intended treatment, its nature and purpose
- the risks involved should you consent or, conversely, not consent to the treatment
- and whether or not your condition affects your ability to consent.
You are entitled to, and should secure, a second medical opinion about any recommended treatment
you are unsure of. This is particularly the case when confronted with recommendations involving
medical drugs or electroconvulsive therapy (i.e., ECT or "shock treatment").
If you have been declared incapable of providing consent, then consent must come from (in this order):
- a guardian, or
- your spouse, or
- a family member, or
- the patient advocate, if the hospital is unable to locate one of the above.
Psychiatric Review Board
The review board is composed of a panel of 3 people chosen by the provincial government to review
Certificates of Mental Incompetence and other matters. They have the power to confirm or change a
declaration. You have the right to have decisions regarding your competency reviewed by the board.
To contact the board:
- contact your patient advocate
- tell the hospital staff that you want a review
- ask the staff for a Request for Review form
- complete and send the form to the Review Board
The Review Board must assess your case within one month of the request. You have the right to use
the services of a lawyer or patient advocate, who can help you present your case.
An informal hearing takes place where you and/or your representative can present your case. Your
psychiatrist and the hospital staff also have the opportunity to be heard. The board's decision
is then sent to you in writing within 72 hours of the hearing.
The Mental Health Act provides
for the appointment of an Administrator of Estates. If your psychiatrist applies for this, your
estate affairs will be handled by the government.
It is also possible that your psychiatrist will prescribe a form of treatment to which you, when
mentally competent, would likely be opposed.
It is possible however to prepare in advance for the administration of your estate and matters of
consent in the event that you should be involuntarily hospitalized and declared incompetent. To
do so, you must give Power of Attorney to someone you trust. You can obtain information about
how to prepare a Power of Attorney from the Public Legal Education and Information Service of
New Brunswick at (506) 453-5369.
Income Assistance
As a recipient of mental health services, you may be eligible for income support. For those who
do not have an adequate source of income, there are two levels of income support available in
New Brunswick:
-
Human Resources Development (HRD) Temporary Benefits, commonly known as welfare. HRD will provide
income to people deemed incapable of working, temporarily or indefinitely, due to mental disability.
A Health Card is also issued to cover most essential medical expenses. For more information,
contact your local HRD office. The phone number and address are found in the blue pages of the
telephone directory.
-
New Brunswick's Long-Term Disability Pension (also an HRD program). The New Brunswick Long-Term
Disability Medical Review Board receives the application from your doctor and determines eligibility.
The process may take a while, but in the meantime you qualify for HRD assistance. HRD pays the
doctor's fee for this application.
You will find out if you qualify for income support:
- typically within 2-3 weeks for HRD income assistance
- within 3-6 months for NB Long-Term Disability Pension
If you are already receiving assistance from HRD, or have applied for assistance, you can appeal any decision concerning:
- whether you get assistance or benefits
- benefits being either stopped or reduced
To start an appeal, contact the Family Income Security Appeals Board at
P.O. Box 642, St-Antoine, NB E0A 2X0. Tel.: (506) 525-4007.
Legal Support
If you do not have sufficient funds to hire a lawyer, you may be eligible for free legal services.
For more information, contact Legal Aid New Brunswick at
770 Main Street, Moncton, NB E1C 1E7, Tel No.: (506) 853-7300
If you have any problems with a lawyer, you can:
- ask the lawyer to explain to you in writing what work has been done for you
- change lawyers
-
have any legal bills reviewed to determine their fairness. For more information, contact the
Law Society of New Brunswick at 1133 Regent Street,
Suite 293, Fredericton, NB E3B 3Z2, Tel No.: (506) 453-5369
- complain to the Discipline Committee of the Law Society of New Brunswick at the same address.
New Brunswick Mental Health Consumer Network
116 Martin Street
Edmunston, NB E3V 2M9
1-800-824-0999
Composed of and run by mental Health Consumers. The organization works to improve mental health
services and attitudes across the province by:
- distributing information to consumers on community resources
- seeking out alternative available treatments
- being involved in advocacy
- informing consumers about income assistance benefits to which they are entitled
- helping consumers cope with life's stresses
New Brunswick Psychiatric Patient Advocate Services
Judy Cyr, Responsible for Regions 2 and 3
Tel No.: (506) 856-2925
Fax No.: (506) 869-6101
A government agency legislated in the Mental Health Act and answering directly to the
Minister of Health and Community Services.
Mission: "To inform patients of their rights, to represent them at a tribunal or review
board hearings, and to ensure that the "Mental Health Act" and the rights of patients be respected
at all times. The service also works with caregivers, patients, families and significant others
to ensure an appropriate utilization of the mental health system."
Patient Advocate Services work to ensure that mental health consumers in the New Brunswick are guaranteed
the following fundamental rights:
- Right to dignity and respect
- Right to be informed
- Right to necessary services
- Right to confidentiality
- Right to reasonable measures in care of service
- Right to freedom of choice
|
