Part 2Assessment and treatment of persons suffering from severe substance addiction
Extension of compulsory status in case of patients with brain injuries
46Application for extension of compulsory treatment order
If, after completing the review of the patient under section 45, the responsible clinician considers that the criteria for compulsory treatment continue to be met and that there are reasonable grounds to believe that the patient suffers from a brain injury, the responsible clinician may apply to the court to extend the compulsory treatment order.
An application to extend the compulsory treatment order must be made within 14 days before the date of the expiry of the compulsory treatment order that applies to the patient.
If the application is not determined before the expiry of the compulsory treatment order, that order is extended until the earlier of—
- the close of the day on which the application is determined or withdrawn; and
- the close of the 14th day after the date on which the compulsory treatment order would, but for this subsection, have expired.
If, at any time during the period that the order is treated as continuing in effect in accordance with subsection (3), the responsible clinician considers that reasonable grounds to believe the patient suffers from a brain injury do not exist, the responsible clinician must promptly order, in writing, that the patient be released from compulsory status.
An order under subsection (4) takes effect as soon as a copy of the order is given to the patient.