G-1.021 - Act respecting the governance of the health and social services system

Section 394 Disposition versions

Not in force

Not in force

394. Any institution referred to in section 6 or 9 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001) must adopt a procedure to regulate the confinement of persons in its facilities. The procedure must be in keeping with the orientations determined by the Minister and be made known to personnel assigned to performing tasks within the institution and the persons practising in a centre it operates as well as the users concerned and their significant family members.

The procedure must, among other things, provide that the following be entered or filed in the confined user’s record:

(1)  the duration, including the start and end dates, of the confinement, as well as the time in the case of preventive or temporary confinement;

(2)  a description of the danger that warrants placing and keeping the user under confinement;

(3)  a reproduction of the psychiatric examination reports, of the applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by a private institution and of any judgment ordering confinement;

(4)  if a psychiatric assessment was carried out without a temporary confinement order, a note attesting that the user’s consent to the assessment was obtained; and

(5)  the date on which the information required under section 15 of the Act respecting the protection of persons whose mental state presents a danger to themselves or to others was transmitted to the user.

The most senior officer of the institution must report at least once every three months on the implementation of the procedure, indicating, for the period concerned, the number of preventive or temporary confinements, the number of confinements authorized under article 30 of the Civil Code and the number of applications for confinement in the facilities of the institution presented to the court by Santé Québec, if it is a public institution, or by the private institution. If it is a public institution, the report must be sent to the board of directors of Santé Québec. A summary of the reports submitted must be included in a separate section of Santé Québec’s annual management report referred to in section 127. If it is a private institution, the report must be sent to its board of directors or, if the institution is not a legal person, to the holder of the authorization and the institution must include a summary of such reports obtained in the activity report it sends Santé Québec under section 376.

2023, c. 34, s. 394.