The B.C. government is proposing some key changes to the Mental Health Act, saying they are aimed at strengthening protections for health-care workers and clarifying how involuntary care is used when it comes to people experiencing severe mental-health and substance-use crises.
The province’s proposed amendments, announced Monday, would replace Section 31(1) of the Mental Health Act with what officials describe as clearer, more modern language.
The existing section only offers “limited legal protection” for front-line workers who provide psychiatric treatment to involuntary patients under the direction of specialized clinicians, the province said.
The current section has caused confusion despite being in place for more than 40 years, according to the province. The proposed new liability-protection clause will be included in Section 16 of the act and is intended to remove that ambiguity.
“When someone is so unwell they can’t make decisions about their own safety, we have a responsibility to step in with compassion and care,” Premier David Eby said in a statement.
“By strengthening involuntary care and protecting the people who deliver it, we’re taking an important step to support vulnerable patients, help their families, and build a more responsive mental-health system where no one falls through the cracks.”
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The province says the changes affirm that the Mental Health Act is meant to provide necessary treatment for people who meet the criteria for involuntary admission.
“Treating people with severe mental-health and substance-use challenges often requires urgent, informed decisions,” B.C. Health Minister Josie Osborne said. “The proposed amendments reduce ambiguity in the Mental Health Act to better ensure that care is provided when someone is unable to seek it themselves.”
Under B.C.’s Mental Health Act, someone can be admitted into care involuntarily only if they meet all four legal criteria:
having a seriously impairing mental disorder
requiring psychiatric treatment in a designated facility
needing care to prevent mental or physical deterioration or protect themselves or others
being unsuitable for voluntary care
The province says the proposed amendments do not change these criteria, but instead aim to improve clarity and safety in how they’re enforced.
More than 2,000 mental-health beds across B.C. are currently equipped to provide involuntary treatment, and the government says it’s working to add more.
The proposed amendments to the Mental Health Act will need to be approved in the B.C. Legislature before coming into law.