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- Health Care Consent Act
(S.O. 1996, CHAPTER 2 Schedule A)
The Health Care Consent
Act (HCCA), enacted in 1996, establishes the rules for determining capacity in
treatment decisions and for obtaining informed, voluntary consent from either
the capable patient or his or her substitute decision maker (SDM). Where a
physician declares a patient incapable of making his or her own treatment
decisions, the HCCA provides for a review process before the Consent and
Capacity Board. The HCCA sets out who may be a substitute decision maker and the
principles that must be applied by SDMs when making treatment decisions for an
incapable patient.
- Mental Health Act
(R.S.O. 1990, CHAPTER M.7)
The Mental Health Act (MHA), enacted
in 1968, sets out the criteria for voluntary, informal and involuntary admission
to psychiatric facilities, as well as the criteria for outpatient clients
subject to Community Treatment Orders (CTOs). The MHA also requires a doctor to
assess a patient's financial capacity "forthwith" following admission. The Act
provides Charter of Rights and Freedoms protections to inpatients by
requiring the "prompt" provision of Rights Advice and providing for a review
process beofre the Consent and Capacity Board for informal and involuntary
admissions, capacity to manage property and CTOs.
- Substitute Decisions Act (S.O. 1992,
CHAPTER 30)
The Substitute Decisions Act (SDA), enacted in
1992, is the statute governing the granting of a power of attorney for personal
care (i.e., treatment decisions) and property (i.e. finances and real estate).
These legal instruments allow a capable person to appoint someone to make
decisions on his or her behalf during a period of incapacity. The SDA also
establishes the procedure by which another person may apply to a court to be
appointed guardian when an incapable person has not written a power of attorney.
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Personal Health Information Protection Act (S.O. 2004, CHAPTER 3
Schedule A)
The Personal Health Information Protection Act
(PHIPA), enacted in 2004, governs the collection, use and disclosure of personal
health information gathered by health professionals and facilities, including
doctors, nurses, and hospitals. Except for very special circumstances, PHIPA
provides all patients will full rights to access and review their medical
records, and to correct any inaccuracies to the record. PHIPA sets out rules for
incapacity regarding health records, but there is no provision for a substitute
decision maker. A person found incapable under thei legislation may also apply
to the Consent and Capacity Board for a review. |
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