Involuntary Psychiatric Treatment Act Introduced

Government is moving ahead with efforts to reform mental health care through new legislation introduced today, May 11, by Health Minister Angus MacIsaac.

The Involuntary Psychiatric Treatment Act, which replaces the Mental Health Act introduced in the fall of 2004, was updated through extensive consultation with opposition parties, mental health stakeholders and consumers.

"The introduction of new mental health legislation last fall prompted much discussion and debate, which has since brought to light both the seriousness and complexity of involuntary treatment," said Mr. MacIsaac. "Most people have the ability to make their own treatment decisions, however, this act speaks for those who cannot."

The act's new name better reflects the major content of the legislation. The legislation also makes refinements to admission criteria and adds clarity around who is responsible for obtaining consent for treatment from the appropriate person.

In addition, the act will be reviewed independently, in its entirety, in year six. This review will determine if legislative amendments are necessary.

"This piece of legislation is welcome," said Dr. Michael Teehan, associate clinical/academic director, mental health services, at the QEII Health Sciences Centre, Capital Health. "I believe it will enable the early treatment of severe mental illness, and that both patients and families will be well served by the provisions in the act."

The proposed act will provide the legal framework for mental health professionals to intervene on behalf of individuals who lack the capacity to determine their need for treatment. It will ensure that this is done without unduly interfering with civil rights and liberties.

"I want to thank the countless individuals and groups who have shown support for this legislation, for caring enough about the health of Nova Scotians to give input, and for helping to build consensus around the need for this legislation," said Mr. MacIsaac.

The new legislation updates 30-year-old legislation. The first step in mental health reform was the development of comprehensive mental health standards, announced in 2003. And In the recent budget, an additional $4 million was dedicated to mental health services over the next two years.

"We have recognized that the province needs more resources in mental health. That's why we have increased the mental health budget," said Mr. MacIsaac. "Still, money won't help the small portion of the population that is unable to make treatment decisions, due to a mental disorder. This new act will help those people."