B.C. to increase support for involuntary care workers

The province is proposing to amend the Mental Health Act to provide more legal support to health-care workers in involuntary care.

According to B.C. Premier David Eby, his government is looking to update language regarding the workers’ legal protection, which he says can be confusing.

The proposed change would remove Section 31 in the involuntary care provisions of the act, with a liability-protection provision added to Section 16.

“That was a very old section of the Mental Health Act. It has created a lot of conversation and anxiety,” Eby said during a press conference on Monday.

His government argues that the legislative changes will ensure that health-care professionals who deliver involuntary care are legally protected.

“We understand this is a challenging piece of work and that they cannot be sued for delivering this care,” Eby explained.

He adds that the amendment aims to strengthen the legal standing for both workers and patients and that it is necessary to ensure involuntary care services are available in the province.

“We think it strengthens the purpose and the clarity of the act that is crucially important for health care in the province of British Columbia,” said Eby.

Involuntary care in the province is meant to provide psychiatric help to people with mental-health and substance-use challenges.

“It is unfortunate, but it is a necessary reality, and if we’re going to do it, we’re going to treat people with respect and dignity and do it the right way, and we make sure that the health-care workers who deliver that care are looked after as well,” Eby explained.

The provincial government hopes the changes also help patients understand that their care is being given for the right reasons.

“The proposed amendments reduce ambiguity in the Mental Health Act to better ensure that care is provided when someone is unable to seek it themselves. This is another step toward improving outcomes for vulnerable patients and building a system of care that works for everyone,” Josie Osborne, Minister of Health, said in a statement.

The Mental Health Act was first passed in 1964, and the involuntary care allowed under the act is limited to psychiatric treatment only.

The Legislative Assembly of B.C. amended the act already in 2022 to give patients, admitted to involuntary care, access to contact independent rights advisers.

With files from David Nadalini.