The Province is introducing proposed amendments to the Mental Health Act to strengthen and protect mental-health care in B.C. and improve supports for people who suffer from severe, overlapping mental-health and substance-use challenges.
“When someone is so unwell they can’t make decisions about their own safety, we have a responsibility to step in with compassion and care,” said Premier David Eby. “By strengthening involuntary care and protecting the people who deliver it, we’re taking an important step to support vulnerable patients, help their families, and build a more responsive mental-health system where no one falls through the cracks.”
If passed, the Province will update the act by removing Section 31(1) and replacing it with a more modern and clearer liability-protection provision. For more than 40 years, Section 31(1) has offered limited legal protection for front-line health-care workers who provide treatment to involuntary patients, under direction by psychiatric professionals. However, its wording has sometimes caused confusion about its intent. The proposed new provision in Section 16 maintains and strengthens this protection, using more explicit and up-to-date language to clearly support the work of health-care providers.
This will better protect the health-care workers providing involuntary mental-health care to patients in accordance with the act. These changes will also help to clarify the purpose of the act, which is to provide treatment to people who require it.
“Treating people with severe mental-health and substance-use challenges often requires urgent, informed decisions,” said Josie Osborne, Minister of Health. “The proposed amendments reduce ambiguity in the Mental Health Act to better ensure that care is provided when someone is unable to seek it themselves. This is another step toward improving outcomes for vulnerable patients and building a system of care that works for everyone.”
More than 2,000 mental-health beds in B.C. can provide involuntary care when needed. Government is urgently working to open more involuntary care beds in communities throughout the province. This includes opening involuntary care beds at Surrey Pretrial Services Centre and Alouette Homes in Maple Ridge earlier this year, as well as work underway to open mental-health facilities in Surrey and Prince George that will have the capability to provide voluntary and involuntary care.
“When used correctly and consistently, the Mental Health Act ensures people suffering from severe mental disorders get the timely care and protection they need, even if they are unable to seek it themselves,” said Dr. Daniel Vigo, B.C.’s chief scientific adviser for psychiatry, toxic drugs and concurrent disorders. “We are finalizing work to ensure that when it comes to children and youth, the act allows us to work with parents to provide the urgent, life-saving, evidence-based interventions they require to prevent acquired brain injury and develop long-term therapeutic approaches. We will provide the specific details soon.”
This work will build on the actions government is taking to build a voluntary, seamless system of care. This includes more than 3,700 beds, which support people with substance-use challenges, of which over 760 are new since 2017, launching the opioid treatment access line, expanding Road to Recovery, opening Foundry youth centres, First Nations healing facilities, and building thousands of supportive housing units.
Quick Facts:
- The Mental Health Act has been in force since 1964.
- During the spring 2022 legislative session, government passed legislation to amend the Mental Health Act so people involuntarily admitted under the act can access support from an independent rights adviser.
- Under the Mental Health Act, involuntary treatment is limited to psychiatric treatment only.
Learn More:
Learn about mental-health and substance use supports in B.C.: https://gov.bc.ca/BetterCare
For more about the Mental Health Act, visit: https://www2.gov.bc.ca/gov/content/health/managing-your-health/mental-health-substance-use/mental-health-act
Two backgrounders follow.
