MHARA-pamphlet-2018-3-4

Panels 3 and 4 of the pamphlet. At the top is a timeline showing the certification periods. The text says, "If the doctor believes you still meet the criteria after a month, they can renew your certification, first for 1 month, then for 3 months, then for periods of 6 months. During each of these certification periods, you have the right to: • be told what your rights are, • be examined by a doctor to see if you still meet the criteria for certification, • ask for a review panel hearing, and • ask for a second medical opinion. What rights do I have if I’m certified? You have the right to know where you are Ask a nurse if you need to know the name and address of the hospital. You have the right to know why you’ve been certified The doctor must write the reasons for your hospitalization on your medical certificate (Form 4) or, if your certification has been renewed, on your renewal certificate (Form 6). You have the right to know what is on your certificate. You have the right to ask for a review panel hearing If you don’t agree with the doctor’s decision to certify you, you can challenge your hospitalization. One way is to ask for a hearing with a review panel. There is no cost for a hearing. A review panel is independent of the hospital and includes: • a lawyer, • a doctor who isn’t on your treatment team, and • a member of the community. They will hear your case and decide if you meet the criteria for hospitalization. If they decide that you don’t, you’ll be decertified. If they decide that you do, you’ll have to stay in the hospital. To apply for a review panel hearing, ask a nurse to help you fill out Form 7. If you are in a 1-month certification period, your hearing will be scheduled within 14 days from when you apply. You have the right to have an advocate or lawyer represent you and help you prepare and present your case to the review panel. You can call witnesses to testify on your behalf. You can ask the review panel if you can bring someone to support you, but it’s up to the chair of the panel to decide if this will be allowed. Once you have a hearing scheduled, if you need help finding an advocate or lawyer to represent you, call the Mental Health Law Program: 604-685-3425 in the Lower Mainland 1-888-685-6222 elsewhere in BC 10 am–noon & 1:30 pm–4:30 pm, Monday to Friday." On the right-hand side is an illustration of a person at a review panel hearing.

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