What is Form 1 and How Does It Work?
Introduction
If you or someone you know is experiencing mental health issues that pose a serious risk to themselves or others, you may have heard of or encountered something called Form 1. But what exactly is Form 1 and how does it work? In this article, we will explain what is Form 1, what are the criteria and process for issuing and assessing it, and what are the consequences and options for patients and their families.
download of form 1
Background
Form 1 is an application by a physician for a person to undergo a psychiatric assessment under the Mental Health Act in Ontario The Mental Health Act is a law that regulates involuntary admission to psychiatric facilities in Ontario. It aims to balance the rights and interests of people with mental health issues, their families, and the public. Under the Mental Health Act, patients and physicians have certain rights and responsibilities that they need to be aware of.
Criteria for Form 1
A Form 1 can only be issued by a physician who has examined the person within the past seven days and has reasonable grounds to believe that the person meets the following conditions :
The person is suffering from a mental disorder that makes them likely to cause serious bodily harm to themselves or others, or to suffer serious physical impairment.
The person is not suitable for admission as a voluntary patient.
The person needs to be assessed in a psychiatric facility because other alternatives are not appropriate or available.
Some examples of situations that may warrant a Form 1 are :
A person who is suicidal or has made suicide attempts.
A person who is violent or threatening towards others because of their delusions or hallucinations.
A person who is neglecting their basic needs such as food, water, hygiene, or medication because of their psychosis or depression.
Process of Form 1
Once a Form 1 is issued, the person can be detained and transported to a psychiatric facility for an assessment. The Form 1 is valid for up to seven days from the date of examination by the physician .
At the facility, the person will be assessed by another physician within 24 hours of arrival. The physician will determine whether the person meets the criteria for involuntary admission under the Mental Health Act. The possible outcomes of the assessment are :
The person is admitted as an involuntary patient under a Certificate of Involuntary Admission (Form 3) if they still meet the criteria for Form 1 and need ongoing treatment in the facility.
The person is admitted as a voluntary patient under a Certificate of Voluntary Admission (Form 5) if they agree to stay in the facility and receive treatment.
The person is discharged from the facility if they no longer meet the criteria for Form 1 or do not need further treatment in the facility.
Consequences of Form 1
Being assessed under Form 1 can have significant implications for the person and their family. Some of the consequences are :
The person's liberty and privacy are restricted during the detention and assessment period.
The person's medical records will reflect that they have been assessed under Form 1, which may affect their future access to services, insurance, employment, or travel.
The person may experience stigma, discrimination, or trauma as a result of being assessed under Form 1.
The person's family may face emotional, financial, or legal challenges as they try to support and advocate for their loved one.
Conclusion
Form 1 is an important tool that can help people with mental health issues get the assessment and treatment they need in a timely and safe manner. However, Form 1 also involves serious consequences that can affect the person's rights, dignity, and well-being. Therefore, Form 1 should only be used as a last resort when other alternatives are not feasible or effective. If you or someone you know is facing or involved in a Form 1 situation, you should seek professional advice and support from your doctor, lawyer, social worker, or mental health advocate. You should also educate yourself about your rights and responsibilities under the Mental Health Act and how to access resources and services that can help you cope and recover.
FAQ
What are my rights as a patient under Form 1?
As a patient under Form 1, you have the right to:
Be informed of the reasons for your detention and assessment.
Be given a copy of Form 1 and Form 42 (Notice to Person).
Be examined by a physician within 24 hours of arrival at the facility.
Be informed of the outcome of your assessment and your status as an involuntary or voluntary patient.
Be treated with respect and dignity.
Receive appropriate care and treatment.
Communicate with your family, friends, lawyer, or advocate.
Request a review of your involuntary status by the Consent and Capacity Board.
Appeal the decision of the Board to the Superior Court of Justice.
What are my responsibilities as a physician under Form 1?
As a physician under Form 1, you have the responsibility to:
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Examine the person and determine whether they meet the criteria for Form 1.
Complete Form 1 and Form 42 (Notice to Physician) and sign them.
Give a copy of Form 1 and Form 42 to the person or their substitute decision-maker.
Arrange for the person's transportation to a psychiatric facility.
Notify the facility of the person's arrival and provide them with Form 1 and Form 42.
Document your findings and actions in the person's medical record.
Follow up with the person and the facility after the assessment.
How long can I be detained under Form 1?
You can be detained under Form 1 for up to seven days from the date of examination by the physician who issued it. However, you may be released earlier if you no longer meet the criteria for Form 1 or if you agree to be admitted as a voluntary patient. If you are admitted as an involuntary patient under Form 3, you can be detained for up to two weeks from the date of admission. If you are admitted as a voluntary patient under Form 5, you can leave the facility at any time, unless the physician issues a Form 3 or a Form 9 (Notice to Not Leave Facility) to prevent you from leaving.
What are the alternatives to Form 1?
Form 1 should only be used when there are no other alternatives that can address the person's mental health needs in a less restrictive way. Some of the alternatives to Form 1 are:
Seeking help from a family doctor, a mental health professional, or a crisis service.
Accessing community-based mental health programs and supports.
Making a personal or advance care directive for mental health treatment.
Applying for a community treatment order under the Mental Health Act.
Seeking consent from the person or their substitute decision-maker for voluntary admission to a psychiatric facility.
Where can I find more information and resources about Form 1?
You can find more information and resources about Form 1 from the following sources:
NameDescriptionWebsite
Mental Health ActThe law that regulates involuntary admission to psychiatric facilities in Ontario.
Mental Health HelplineA free, confidential, and anonymous service that provides information and referral to mental health services and supports in Ontario.
Mental Health Legal CommitteeA group of lawyers who specialize in mental health law and provide legal representation and advice to people with mental health issues in Ontario.
Mental Health Rights CoalitionA peer-run organization that advocates for the rights and interests of people with mental health issues in Ontario.
The Empowerment CouncilA group of people with lived experience of mental health issues who provide systemic advocacy and education in Ontario.
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