MENTAL HEALTH REGULATION
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1 Province of Alberta MENTAL HEALTH ACT MENTAL HEALTH REGULATION Alberta Regulation 19/2004 With amendments up to and including Alberta Regulation 51/2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at
2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.
3 (Consolidated up to 51/2014) ALBERTA REGULATION 19/2004 Mental Health Act MENTAL HEALTH REGULATION Designation of facilities 1(1) The following places are designated as facilities for the purposes of section 1(1)(d) of the Act: (a) Alberta Hospital Edmonton; (b) Centennial Centre for Mental Health and Brain Injury; (c) Peter Lougheed Centre; (d) Foothills Medical Centre; (e) Misericordia Community Hospital; (f) Royal Alexandra Hospital; (g) University of Alberta Hospital; (h) Grey Nuns Community Hospital; (i) Chinook Regional Hospital; (j) Medicine Hat Regional Hospital; (k) Northern Lights Regional Health Centre; (l) Queen Elizabeth II Hospital; (m) Rockyview General Hospital; (n) Claresholm Centre for Mental Health and Addictions; (o) Red Deer Regional Hospital Centre; (p) Southern Alberta Forensic Psychiatry Centre; (q) St. Therese St. Paul Healthcare Centre; (r) Villa Caritas; (s) South Health Campus;
4 Section 2 MENTAL HEALTH REGULATION AR 19/2004 (t) Alberta Children s Hospital. (2) The following places are designated as facilities for the purposes of section 13 of the Act: (a) repealed AR 78/2005 s3; (b) Helen Hunley Forensic Pavilion at Alberta Hospital Edmonton; (c) Southern Alberta Forensic Psychiatry Centre. AR 19/2004 s1;78/2005;228/2006;208/2007;150/2010;197/2011; 187/2012;51/2014 Liability for costs 2(1) Subject to section 6 of the Hospitalization Benefits Regulation (AR 244/90) and to subsection (2), if an individual is conveyed to a facility under section 4, 9.6, 10, 12 or 24 of the Act and detained there, (a) the board of that facility shall pay the cost of transportation by ambulance, air ambulance, charter aircraft or other commercial vehicle to convey that individual to the facility, and (b) the board of the facility from which that individual is subsequently discharged shall pay the cost of transportation to convey the individual to the place where the individual was apprehended or to the individual s home, whichever that board decides. (2) If the costs referred to in subsection (1) are covered by an agreement under section 49(1)(c) of the Act or an agreement under any other enactment, the person who is responsible for those costs under that agreement is liable for the costs referred to in subsection (1). (3) A formal patient or any other individual detained under the Act is not liable for any costs, charges or expenses with respect to that individual s conveyance, observation, examination, assessment, admission, treatment or accommodation during the period of the detention, except that section 5(1)(c) and (2) of the Hospitalization Benefits Regulation (AR 244/90) apply. (4) For the purposes of this Regulation, section 30 of the Hospitals Act and the Hospitalization Benefits Regulation (AR 244/90) are to be considered as applying to patients, other than formal patients and patients who are detained in a facility under the Act. 2
5 Section 4 MENTAL HEALTH REGULATION AR 19/2004 (5) For the purposes of this section, admission to a facility is considered to be admission to a general hospital as defined in the Hospitals Act. AR 19/2004 s2;197/ Repealed AR 150/2010 s3. Repeal 4 The Mental Health Regulation (AR 309/89) is repealed. Expiry 5 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, AR 19/2004 s5;197/2011 3
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