Consent 101
This Act requires that all patients be presumed capable until the contrary is demonstrated.
What is the Health Care (Consent) and Care Facility (Admission) Act?
Section 13 of this legislation outlines circumstances that constitute a duty to report concerns regarding child safety
What is the Child Family and Community Services Act
This document, created under a specific Act, allows an adult to appoint someone to make personal and health care decisions on their behalf.
What is a Representation Agreement under the Representation Agreement Act?
Legislation that ensures a response to all reports of abuse, neglect, and self-neglect of vulnerable adults
What is the Adult Guardianship Act.
Involuntary admission to facility for psychiatric treatment in BC is legislated under the Mental Health Act if these four criteria are satisfied upon assessment by a Physician or Nurse Practitioner.
What are: 1. 1) Risk to self or others, 2) Presence of mental disorder, 3) Requires treatment, and 4) Not suitable for voluntary admission.
When identifying an appropriate temporary substitute decision-maker, these are the top 4 people in the hierarchy described in section 16 of the Health Care Consent Act.
What are 1. Spouse (including common law); 2. Adult child; 3. Parent; 4. Adult sibling
Per the Infants Act, this is the answer you give when somebody asks what age a child must be before they can give consent for minor or major health care.
What is, "It depends."
Minor health care decisions and routine day-to-day financial decisions (like paying bills) are covered under this type of RA which can be made by a person who does not meet traditional capability requirements.
What is a section 7 Representation Agreement.
The two central questions to answer when investigating a report of possible abuse/neglect/self-neglect of an adult.
What are: 1. Is the adult experiencing abuse, neglect, or self-neglect? and 2) Is the adult unable to seek support and assistance secondary to physical restraint/physical disability/injury/disease or other factors impairing their ability to make decisions about the abuse or neglect?
Per the Mental Health Act, this is the maximum length of involuntary admission upon certification (form 4) and assessment by only one physician.
What is 48 hours.
Three of the 6 essential conditions of informed consent as described in section 6 of the Health Care Consent Act.
What is: 1.Relates to the proposed health care; 2. Given voluntarily; 3. Not by misrepresentation or fraud; 4. The adult is capable; 5. The health care provider gives all information that a reasonable person would need to be fully informed; and 6. The adult has the opportunity to ask questions and receive answers.
Your response when somebody tells you to “Call the Ministry” when a pregnant woman with no living children tests positive for methamphetamines and cocaine.
What is, "No, the duty to report child welfare concerns as set out in the CFCSA does not pertain to unborn children/fetuses/pregnant people. However, Social Work can ask for consent from the person to conduct an assessment and determine what supports or services could be appropriate referrals based on their goals."
Your response when a patient/client asks you to witness their Representation Agreement document along with a notary who is in attendance.
What is, "No. It is Fraser Health policy that Social Workers cannot witness legal documents. Would you like me to help you figure out who you could ask? (refer to FH SW DST “Witnessing Signatures”)".
Before enforcing this section of the AGA to enact emergency measures, consultation with your immediate Supervisor/Coordinator and the Adult Protection Program is required.
What is section 59.
This Act allows a judge to declare a person incapable of managing themselves or their finances and appoint a Committee of Person and/or Estate.
What is the Patients Property Act.