Mental Health Law In Canada Chapter.3 Verified Test Bank 2e

Chapter 3
Mental Health Law in Canada

Multiple Choice Questions

1. Three factors prescribe Canadian mental health legislation. Which of the following is not among these factors?
2. The civil liberties of individuals to live as they choose
3. The responsibility of society to ensure the safety and well-being of individuals who cannot understand the consequences of their choices due to diminished capacity
4. The responsibility of society to ensure that the choices and behaviour of one individual does not compromise the safety of others
5. The right to accessing an appeal process for involuntary admission under the Mental Health Act
6. The 1935 Ontario Mental Hospitals Act was the first of it’s kind to:
7. Grant permission for family members to visit patients
8. Mandate that physical activity be part of a recovery plan
9. Take into consideration that patients may recover
10. Permit patients to establish their own recovery plan
11. The Ontario Mental Health Act has undergone numerous amendments addressing involuntary admission and treatment. According to the text, when did the most recent amendment occur?
12. 1957
13. 1967
14. 2015
15. 2011
16. Although mental health legislation differs between provinces, what is the primary criterion for involuntary admission within all provincial mental health acts?
17. Incapacity to live well within society
18. Danger to self/others
19. Presenting a risk due to mental illness
20. The person requires treatment for a mental illness
21. The terminology used to define “danger” varies across Canada. Which one of the following is not mentioned in the text as a descriptor?
22. Imminent violence
23. Serious harm
24. Grave and imminent danger
25. Protection of the person or others
26. Differences exist across provincial legislation regarding the definition of mental disorder. Which province includes alcohol abuse as a type of disorder?
27. New Brunswick
28. PEI
29. Saskatchewan
30. Quebec
31. Although descriptions of danger vary across regions, each criteria are based on the association of dangerous behaviour with:
32. Psychosis
33. Anti-social personality disorder
34. Substance use
35. Post traumatic stress
36. Which province or territory allows nurses to complete certificates for involuntary admission?
37. Northwest Territories
38. Nunavut
39. Nunavik
40. Yukon
41. Under the Canadian Charter of Rights and Freedoms, involuntary patients must by informed of their reason for admission and rights regarding appeal. Which of the following is not included in these requirements?
42. Be informed promptly of the reasons for detention
43. Have the validity of the detention reviewed and determined
44. Be given the opportunity to retain counsel without delay
45. Have the right to receive pay from work while detained
46. When is involuntary admission not appropriate?
47. When individuals are willing to be admitted voluntarily
48. When family members do not approve
49. When individuals are medication compliant
50. When people are not capable of consent
51. In 2013, what percentage of Ontario’s mental health beds were used for involuntary admissions?
52. 77.1%
53. 70.7%
54. 19.5%
55. 25%
56. In a UK study on patient experience after involuntary admission, three distinct respondent groups were identified. Which one of the following was not among these groups?
57. People who felt the admission was justified
58. People who felt the admission was not long enough
59. People who felt the admission was unjustified
60. People who felt ambivalent
61. For treatment consent to be valid specific criteria must be met, including:
62. Consent must be informed
63. Consent can be coerced
64. Consent must be in writing
65. Consent must come from a family member
66. Capacity to consent is:
67. Static
68. All encompassing
69. Temporary
70. Fluid
71. In some jurisdictions, informed consent must include specific information presented by the heath care professional. Which of the following is not included in the list provided by the text?
72. Alternative courses of action
73. Expected benefits
74. Duration of the treatment
75. Nature of the treatment
76. “Brian’s Law” enacted significant changes to mental health legislation in Ontario, including:
77. The creation of community treatment orders
78. Increased number of mental health beds
79. Assertive community treatment teams
80. Subsidies for psychotropic medications
81. Community treatment orders have been associated with improvements to the system of mental health care. Which of the following is not among the list of improvements?
82. lower readmission rates
83. fewer days spent in hospital
84. fewer psychiatric emergency visits
85. fewer 911 calls
86. Which one of the following is not among the list of elements precipitating a duty to protect?
87. Risk to a clearly identified person or group of persons is determined
88. When there is no risk of confidentiality breach
89. When risk is imminent, creating a sense of urgency
90. When risk of harm includes bodily injury, death, or serious psychological harm
91. According to Applebaum (2015), what is the first course of action taken by a social worker when weighing duty to warn with duty of confidentiality?
92. selecting a course of action
93. Consulting with a physician
94. assessing danger
95. implementation and monitoring
96. Solomon (2014) asserts that social workers should be aware of their provincial confidentiality statutes in specific practice areas, including:
97. Child and family services
98. Recreational therapy
99. Client transportation
100. Home housekeeping services
101. There are circumstances in which a person’s access to their records may be limited, including:
102. Access to the information contained in a clinical record may be harmful to the client or a third party
103. If there are literacy issues with the client
104. If the client does not have family members
105. Whether the records are coming from another province
106. Individuals can now access certain medical information via smart phone apps. Which of the following examples of information is not included in the list provided in the text?
107. Diagnostic test results
108. Blood work results
109. Discharge summaries
110. Post operative reports
111. In 1995 the Supreme Court of Canada allowed for court access to complainant records under certain conditions which could be determined through what is now called:
112. A Bishop hearing
113. St. Joseph’s hearing
114. An O’Connor hearing
115. Herbert’s hearing
116. When ordering clinical records, judges can impose conditions to ensure, as much as possible, privacy for the complainant or witness. Which of the following is not included in the list of conditions provided in the text?
117. Records can be edited as directed by the judge
118. A copy of the record is used, rather than the original
119. Names and addresses regarding any person be removed from the record
120. Certain witnesses are not required to appear in court
121. Subpoenas must be taken seriously by social workers. Which of the following is an example from the text, of what not to do after receiving a subpoena?
122. Immediately share client information with the authorities
123. Provide the client with a list of legal representatives
124. Refrain from speaking to a lawyer, police officer, or anyone else about the content of the records or any aspect of the client’s treatment
125. Inform the client of a potentially stressful court appearance

True or False Questions

1. Proponents of involuntary admission argue that civil liberties are not respected when people are denied involuntary treatment.
2. Quebec does not have provisions within their mental health legislation to admit someone involuntarily due to impairment or deterioration.
3. If a voluntary patient wishes to leave a psychiatric facility, there is no recourse for attending physicians to detain the individual.
4. In the 80’s, legislative reforms to involuntary treatment resulted in a significant reduction of admissions.
5. A qualitative study of people in Ireland who were admitted involuntarily revealed that, one year after discharge, one third felt their involuntary admission was unnecessary.
6. Prior to the 1960s, any person admitted to a Canadian hospital against their will could be treated without consent.
7. Opponents of community treatment orders refer to them as “leash laws”.
8. In general, patients with CTO’s have not experienced coercion.
9. A person who is incapable of providing consent to medical treatment is also considered to be incapable of managing their financial responsibilities.
10. It is against the law in Canada to deny patients access to their medical records.
11. Canada has 2 federal privacy laws.
12. Independent social workers are not required to develop their own privacy policies.
13. Individuals are not permitted to access any records other than those compiled in the treatment facility to which the request for access is directed.
14. Literature reports that supporting client access to records and involvement in the production of records are in line with social work values of shared care.
15. The Criminal Code of Canada legislation does not grant access to victims’ medical records regardless of relevance to the case.

Short Answer Questions

1. Briefly describe the mean with which individuals in Canada can be admitted involuntarily to a psychiatric facility.
2. Briefly describe both forms of consent to psychiatric treatment.
3. What is an advanced directive?
4. How does the government of Alberta describe community treatment orders in their consumer information brochures?
5. How does mental health legislation in Canada impact social work practice?