No, not all existing Mental Health Act (MHA) forms are changing.
Of the existing MHA Forms 1-18, seven (7) have been revised to incorporate CTOs - and must be used as of January 1, 2010.
How do I tell the difference between the old and the new forms? New forms are dated 2010/01 and contain CTO content.
Nine (9) new forms (Forms 19-27) have been created for the implementation of CTOs. They will only be available as electronic forms, and can be accessed from Mental Health Act Forms
For a complete listing of the forms, please refer to Mental Health Act Form Details.
Electronic versions of all forms will be available by visiting Mental Health Act Forms
These forms can be a) completed on the computer and then printed and signed, or b) printed then completed by hand and signed. They may not be altered in any way.
Revised: Forms 7, 8, 10, 12, 13, 17 and 18
Orders for printed copies of the revised forms can be placed from the warehouse. See question 3 for details on how to order printed copies through Data Document Management (DDM).
Ongoing: Forms 1-18
At this point, “hard” copies of Forms 1-18 will continue to be available, as they have been previously. See question 3 for details on how to order through DDM.
New: Forms 19-27
CTO forms will ONLY be available in electronic format; i.e. printed copies will not be available to order.
These forms can be completed on the computer and then printed and signed, or printed then completed by hand and signed. They may not be altered in any way.
An original signature must be on each copy. You may print the required number of copies and sign each, or, print one copy, photocopy the required number, and sign each.
Forms 19 and 20 (only) will have a “save” function, that will permit the user to save the file with text entered into the “fillable” form. This will allow the form to be completed over a period of time rather than in one sitting. For the protection of privacy, precautions must be taken, including ensuring that the form is saved on a secure network, not on a hard drive.
What if I make a mistake – i.e. the original is signed but the rest are photocopies? Is the form invalid? No; the form is still valid. However, the original may be required by a review panel or Court. Therefore there can be practical problems (forwarding the original in time for the hearing) and/or evidentiary problems during the hearing.
The validity of the form could be challenged. New forms should be completed as soon as possible.
As soon as you catch it, correct it! If you see that an old form was used starting January 1, 2010 - redo the form on the correct version.
January 1, 2010.
Destroy them. As of midnight, December 31, 2009: The existing versions of Forms 7, 8, 10, 12, 13, 17 and 18 should be shredded to ensure their use is discontinued.
The content of Forms 1, 2, 3, 4, 5, 6, 9, 11, 14, 15, and 16 is not changing on January 1, 2010.
Form content is set out in regulation. Because the content of the regulation is changing i.e. adding CTOs, only the new forms can be used as of the date that the new regulation comes into effect. If old forms are used, there is a risk of a challenge that we are not in compliance with the Act and regulation.
The use of electronic forms has more flexibility and many advantages over paper stock: