S-4.2 - Act respecting health services and social services

Section 118.2 Disposition versions

2018-04-26

118.2. Any institution described 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 consistent with the ministerial orientations determined under subparagraph 9 of the second paragraph of section 431 and must be made known to the institution’s personnel and the health professionals practising in the institution’s facilities as well as the users concerned and their significant family members.

The procedure must, among other things, require that the following information 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 copy of the psychiatric examination reports, of the confinement applications presented to the court by the 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 executive director of the institution must report to the board of directors at least once every three months on the implementation of the procedure. The report must include, 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 confinement applications the institution presented to the court. Such data must be presented for each of the institution’s missions. A summary of the reports must be included in a separate section of the institution’s annual management report.

2017, c. 21, s. 20.