Involuntary Psychiatric Treatment Act: overview and forms

The Involuntary Psychiatric Treatment Act (IPTA) and regulations help make sure that people who are unable to make treatment decisions, due to their severe mental illness, receive the appropriate treatment.

Starting 13 August 2024, the Involuntary Psychiatric Treatment Regulations changed to allow for patient-centered definitions of capacity, clarification of language on Involuntary Psychiatric Treatment Act forms, duties of medical professionals, express obligations for substitute decision makers and expanded duties and powers granted to the Involuntary Psychiatric Treatment Act Review Board.

Who the act applies to

The Involuntary Psychiatric Treatment Act protects the rights of a person who meets all the following criteria:

  • the person has a mental disorder
  • the person is in need of psychiatric treatment provided in a psychiatric facility
  • as a result of the mental disorder, the person:
    • is threatening or attempting to cause serious harm to themself or has recently done so
    • has recently caused serious harm to themselves
    • is seriously harming or is threatening serious harm towards another person or has recently done so
    • will suffer serious physical impairment
    • will suffer serious mental deterioration
  • the person requires psychiatric treatment in a psychiatric facility and isn’t suitable for inpatient admission as a voluntary patient
  • as a result of the mental disorder, the person doesn’t have the capacity to make admission and treatment decisions

Process overview

A person can be involuntarily admitted to a psychiatric hospital or treatment facility through the act when the person has been assessed by a psychiatrist and meets all the criteria for who the act applies to.

Once a person meets the criteria, the attending psychiatrist develops a treatment plan. Decisions to consent to a particular treatment plan or any changes to treatment plan, are made by the patient’s substitute decision-maker. The substitute decision-maker is determined by the act.

Under the act, psychiatrists also have the authority to provide treatment options in the community under a community treatment order, based on legislated criteria. The community treatment order and corresponding treatment plan require the consent of the substitute decision maker, and allows the patient to live in the community rather than being treated at a hospital.

Once a patient is admitted to a hospital or treatment facility, the Patient Rights Advisory Service is notified. This service provides a patient (and their substitute decision maker), with guidance on their rights under the act. They can also help the patient apply for legal counsel (through Nova Scotia Legal Aid) and can accompany them and their substitute decision maker to hearings before the Involuntary Psychiatric Treatment Act Review Board.

Involuntary admissions and community treatment orders are reviewed by the Involuntary Psychiatric Treatment Act Review Board at mandated intervals or by application. The Review Board is a legislated body with members appointed by the Governor-in-Council. Each hearing panel includes (at minimum) a lawyer, a psychiatrist and a lay person. While Review Board hearings are mandatory at defined intervals during a patient’s involuntary admission period, the patient or their substitute decision maker can make an application to review their involuntary status at any time.

At the hearing, the patient’s involuntary status is reviewed by the patient, the substitute decision maker, the patient’s legal counsel, the attending psychiatrist and the Involuntary Psychiatric Treatment Act Review Board. The Review Board has the authority to revoke (cancel) an involuntary admission, replace a substitute decision maker, cancel a community treatment order, as well as other authorities.

Forms

The Involuntary Psychiatric Treatment Act forms are available in the Involuntary Psychiatric Treatment Act Regulations. Forms include:

Factsheets

Factsheets provide an overview of the act and how the involuntary admission process works (including responsibilities for people involved in the process). If you have questions about act or involuntary admission process, you should discuss this with your legal advisors.

Related information

Contact

Mental Health Patient Rights Advisor Service

Related legislation

Was the information on this page helpful?

Let us know about your experience with this content