HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 22 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended

(a) in subsection (1) by striking out "subsections (3) and (4)" and substituting "subsections (3), (3.1) and (4)",

(b) in subsection (2) by striking out "subsections (3) and (5)" and substituting "subsections (3), (3.1) and (5)",

(c) in subsection (3) by striking out "and" at the end of paragraph (b), by striking out "patient." at the end of paragraph (c) and substituting "patient, and" and by adding the following paragraph:

(d) a statement, separate from that under paragraphs (a) and (c), by the physician or nurse practitioner that he or she complied with the requirements of subsection (3.1). ,

(d) by adding the following subsection:

(3.1) A physician or nurse practitioner who examines a person who may be admitted under this section must

(a) take reasonable steps to consult with

(i) a near relative of the person to be admitted, or the patient to be admitted, under subsection (1), or

(ii) an individual who provided information leading to an apprehension under section 28 (1), and

(b) consider any information, including a history of mental disorder, received as a result of the consultation required under paragraph (a). , and

(e) in subsection (6) by striking out "subsections (3) and (4)" and substituting "subsections (3), (3.1) and (4)".

2 Section 28 (2) is amended by striking out "section 22 (3) and (4)" and substituting "section 22 (3), (3.1) and (4)".

Commencement

3 This Act comes into force on the date of Royal Assent.

Explanatory Notes

CLAUSE 1: [Mental Health Act, section 22]

• adds a requirement for a physician or nurse practitioner to take reasonable steps to consult with a near relative of the individual or with an individual who provided information leading to an apprehension of the individual and consider any information, including a history of mental disorder, received as a result of the consultation prior to completing a medical certificate under this section;
• adds a requirement for an additional statement in the medical certificate;
• makes consequential amendments in light of the new requirements.

CLAUSE 2: [Mental Health Act, section 28] is consequential to amendments made by this Bill to the Act.