Government of New Brunswick

To inform patients of their rights, to represent them at Tribunal and/or Review Board hearings, and to ensure that the Mental Health Act and the rights of patients be respected at all times. The Service also works with caregivers, patients, families and significant others to ensure an appropriate utilization of the mental health services. 

 

Authority of the Psychiatric Patient Advocate Services according to section 7.6 of the new-Brunswick Mental Health Act
 

7.6(1)          The Lieutenant-Governor in Council may designate persons, services or organizations as psychiatric patient advocate services.                   
7.6(2) It is the duty of a psychiatric patient advocate service to offer advice and assistance to persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, to persons who are the subjects of applications under section 8 or 12 and to involuntary patients in psychiatric facilities, and to provide psychiatric patient advocates to meet, confer with, advise and assist persons who are detained in a psychiatric facility under examination certificates issued under section 7.1, who are the subjects of applications under section 8 or 12 or who are involuntary patients.
7.6(3)   

The administrator of a psychiatric facility shall ensure that the appropriate psychiatric patient advocate service is given notice of

(a) each detention of a person in the psychiatric facility under an examination certificate issued under section 7.1,

(b) each determination by an attending psychiatrist that an involuntary patient who is detained in the psychiatric facility, or a person who is detained in the psychiatric facility and who is the subject of an application under section 8 or 12, is not mentally competent for the purposes of a consent required under this Act,

(c) each application under section 8 or 12 in relation to a person detained in the psychiatric facility,

(d) each order made by a tribunal under section 8.1 that a person be admitted to the psychiatric facility as an involuntary patient,

(e) each order made by a tribunal or a review board authorizing the giving of routine clinical medical treatment without consent to an involuntary patient in the psychiatric facility,

(f) each order made by a review board authorizing the giving of specified psychiatric treatment without consent to an involuntary patient in the psychiatric facility,

(g) the completion of each certificate of detention in respect of an involuntary patient in the psychiatric facility,

(h) each notice received by the administrator under subsection 32(1) or 32(1.2) in relation to an involuntary patient in the psychiatric facility,

(i) each report received by the administrator under subsection 31.1(5) or 33(1) in relation to an involuntary patient in the psychiatric facility, and

(j) each decision to change the status of an involuntary patient in the psychiatric facility to that of a voluntary patient

7.6(4) A psychiatric patient advocate has the right at all reasonable times to meet and confer with persons who are the subjects of examination certificates issued under section 7.1, with persons who are the subjects of applications under section 8 or 12 and with involuntary patients.
7.6(5)    A psychiatric patient advocate has the right at all reasonable times to be present at hearings held by tribunals in relation to persons who are the subjects of applications under section 8 or 12 and to be present at hearings held by review boards in relation to involuntary patients.
7.6(6)  A psychiatric patient advocate has the right at all reasonable times to free access to all books, records and other documents relating to persons who are the subjects of examination certificates issued under section 7.1, to persons who are the subjects of applications under section 8 or 12 and to involuntary patients.
7.6(7)    A psychiatric patient advocate has the right at all reasonable times to free access to all locations in a psychiatric facility at which are detained persons who are the subjects of examination certificates issued under section 7.1, persons who are the subjects of applications under section 8 or 12 and involuntary patients.