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What is a Form 1?
A Form 1 is also referred to as an Application by Physician for Psychiatric Assessment. The Form 1 allows a doctor to hold you in a psychiatric facility for up to 72 hours in order for you to undergo a psychiatric assessment. This assessment is to determine whether you require the care and supervision that a psychiatric hospital can provide.
A doctor may sign a Form 1, whether you are in the community or in hospital. However, the doctor must have examined you within the 7 days before he or she signs the Form 1.
Once a Form 1 is signed, it lasts for 7 days. Within those 7 days, another person, usually a police officer, has the authority to take you immediately to a psychiatric facility. The Form 1 does not allow anyone to detain you in jail or in any institution other than a psychiatric facility. After 7 days have expired, it is no longer in effect and a doctor would have to release you, or re-examine you and issue another Form 1.
- If you are the subject of a Form 1, the attending physician must promptly provide you with written notice once the 72-hour period of detention at a psychiatric facility begins. This notice sets out the reasons for your detention and the fact that you have the right to retain legal counsel.
Once the assessment resulting from the Form 1 is completed you may be released, admitted as a voluntary or informal patient, or admitted as an involuntary patient.
To be admitted as an involuntary patient, a second doctor (i.e. a different doctor than the one who signed the Form 1) must examine you and determine that you meet the criteria under the law. If you are not made an involuntary patient after 72 hours, you are entitled to leave the psychiatric facility.
Can the doctor really keep me in the hospital against my will?
Does it have to be a psychiatrist that signs a Form 1?
Does the doctor have to tell me the reason for keeping me in the hospital?
Can I contact a lawyer?
Yes. As will be set out in the notice provided to you, you have the right to retain and instruct a lawyer, without delay. The psychiatric facility has to provide you with the ability to do so (for example, they must allow you access to a phone).
What happens if a doctor doesn’t give me notice?
Can I apply to the Consent and Capacity Board to challenge the Form1?
Do I get rights advice on a Form 1?
What happens after the Form 1?
If you have questions, contact your local Patient Advocate or Rights Adviser or call the central office of the Psychiatric Patient Advocate Office at 1-800-578-2343