It will take only 2 minutes to fill in. Her work helps ensure that young people have timely access to high-quality mental health care and enjoy wellbeing and economic and social participation. The director shall review each statement filed under subsection(1). Published: 28 Aug 2019. An order under this section is deemed to be cancelled if a substitute decision maker is subsequently appointed for the incapable person under The Vulnerable Persons Living with a Mental Disability Act. with others (section 1 of the Mental Health Act); 2. In order for an individual to be involuntarily admitted, the An order takes effect immediately unless security is required, in which case the order, or the part of it for which security is required, takes effect when the security is provided. Minor ailments were the primary reason for practising SM (PR: 42.46; 95%CI: 21.87-63.06), among which headache was the most commonly reported (PR: 41.53; 95%CI: 18.05-65.02). However, if the patient has already been a patient for more than72 hours, the assessment must be made within24 hours. The attending physician of a patient for whom a certificate of incompetence has been filed shall periodically review the patient's condition to determine if the patient has regained the competence to manage his or her property. Powers and duties of Public Guardian and Trustee. Order cancelled if substitute decision maker appointed. (c)to a proceeding before a court or any other body begun by or on behalf of a patient that relates to the patient's assessment or treatment in a facility. A peace officer may take any reasonable measures when acting under this section or section9 or11 or subsection44(1) or48(2), including entering any premises to take the person into custody. In this section, "health profession" means the practice of medicine under The Regulated Health Professions Act and the practice of any other profession that is prescribed by the regulations. (date) (day / month / year) Powers of Public Guardian and Trustee as committee. Find out how we help groups and individuals in our province. A committee of property shall take into his or her custody or control all of the incapable person's property that is subject to the committeeship order and may, subject to this Part and the committeeship order, manage, handle, administer and otherwise deal with the property in the same manner as the incapable person could if he or she were capable. We use some essential cookies to make this website work. The security shall be in the form of a bond or other security and be provided on any terms and conditions imposed by the court. Mental health is a term that refers to each and every one of us and relates to one's emotional and psychological well-being. (d)the specified treatment is the least restrictive and least intrusive treatment that meets the criteria set out in clauses(a), (b) and(c). JOHNSBURY The mother of a 12-year-old boy who took his own life last November is working to turn the tragedy of his death into life-saving legislation. expressed in a health care directive when administering treatment; the patient is competent to manage property; there should be an extension to the patients leave As soon as reasonably possible after a patient is admitted to a facility, the attending physician shall determine whether the patient is mentally competent to make treatment decisions. There shall be a Mental Health Review Board to hear and consider applications under this Act. The review board must sit in panels ofthree members and each panel is to be composed of. When a person who has been declared incapable of managing his or her property in another province or territory of Canada has property in Manitoba, the court, upon application by the Public Guardian and Trustee, may appoint, as committee of the person's property in Manitoba, an official who is administering the person's property in that other province or territory. Please note . 2002, c. 24, s. 41; S.M. Duty of Public Guardian and Trustee if attorney exists, If the person has given a valid enduring power of attorney, the Public Guardian and Trustee shall, (a)notify the person, the person's nearest relative, and the person appointed as attorney under the power about the effect of this section; and. The form 21 is an application for an "Order of Committeeship" which allows the public trustee to take over the management of an individual's affairs (personal, medical, legal and financial). The medical director shall ensure that the information described in subsection(1) is prominently displayed in all wards of the facility. the rights given to all citizens under The Canadian Charter of an examination. FORM 14 MENTAL HEALTH ACT [ Section 34.1, R.S.B.C. If a person believes his or her family member or friend requires To make a treatment decision on a patient's behalf, a person referred to in subsection(1) must be apparently mentally competent and available and willing to make the decision. The Mental Health Review Board can also be "nearest relative" means, with respect to a patient or other person. As soon as reasonably possible after a patient is admitted to a facility, the medical director shall give the patient a written statement of the following: (a)the functions of the review board, including how and under what circumstances an application can be made; (b)the patient's right to be provided with reasonable means to communicate with others without the communication being examined, censored or withheld; (c)the patient's right to communicate with the Ombudsman and, if the patient is a child, the Advocate for Children and Youth; and. Mental Health Care Act, 2002 (Act 17 of 2002) GENERAL REGULATIONS RELATING TO THE MENTAL HEALTH CARE ACT, 2002: . While the psychiatric consult is welcome as part of the collateral information accompanying the Form 21, the actual completion of the Form 21 must be based on your examination. (b)an application has been made to appoint another committee. A person who, for the purpose of obtaining a certificate, the renewal of a certificate or an order under this Act, wilfully supplies the director, a medical director, a psychiatrist, a physician, or any person having the custody, care, control, or supervision of a person with a mental disorder, with any untrue or incorrect information, is guilty of an offence. 7. The review board must make an order under subsection(1) unless, (a)it is satisfied that the treatment decision made contrary to wishes the patient expressed in a health care directive is in the patient's best interests, using the criteria set out in subsection28(5); and. Meaning of connected by common-law relationship. On becoming a person's committee under section41 or61, the Public Guardian and Trustee shall make reasonable enquiries to determine if the person has given a valid enduring power of attorney. (a)make any order that in its opinion ought to have been made; (b)quash, vary or confirm the order of the review board; (c)refer the matter back to the review board for further consideration in accordance with any direction of the court. It governs the admission process, the different categories of patient admission, as well as directives around assessment, care and treatment. refuses or is not mentally competent to consent to a voluntary When information in a clinical record is required to be disclosed by an order of the court under this section, the clerk of the court in which the clinical record is admitted in evidence, or, if it is not admitted, the person to whom the clinical record is provided, shall return it to the medical director immediately after the matter is concluded. The statutory authority for a Form 1 is found in section 15 of the Mental Health Act The second most common option is to go before a Residents of all specialties can complete a Form 21. One promising approach for facilitating access to mental health assessments and services, especially in remote locations, is the use of telecommunication to connect inmates to psychologists, psychiatrists, or forensic nurses who are located in other regions (Desai et al., 2013; Ferrazzi & Krupa, 2018). An order appointing a committee under this section may, (a)be for a limited period as the court considers appropriate; and. (c)that the person and his or her proxy and nearest relative may make a written objection to the director within seven days after receiving the notice. Committees continued. This Act comes into force on a day fixed by proclamation. Business Hours: 8:30 a.m. to 4:30 p.m. In my opinion, this person: (a)equires treatment in or through a r designated facility; and (b)equires care, supervision and r control in or through a designated facility to prevent his/her substantial mental or physical deterioration or for the protection of the person or Residents of all specialties can complete a Form 21. Subject to this Division, a committee of both property and personal care appointed under subsection75(2) has the following powers concerning an incapable person's personal care: (a)to determine where and with whom the incapable person shall live, either temporarily or permanently; (b)subject to section91, to consent or refuse to consent to medical or psychiatric treatment or health care on the incapable person's behalf, if a physician informs the committee that the person is not mentally competent to make treatment decisions using the criteria set out in subsection27(2); (c)to make decisions about daily living on the incapable person's behalf; and. The application must be made within30days after the order is received, or within such further period as the court allows. In addition, a physician may review the person's condition under subsection(1) at any time at the request of the person or his or her proxy or nearest relative. Unfortunately, many of the forms that arrive at our office are incorrectly completed or do not contain adequate collateral information resulting in Forms being returned to the physician. A patient is deemed to have the capacity to instruct counsel for the purpose of a hearing before the review board or the court under this Part. (b)who has died, where there is no surviving joint committee and where no alternate committee has been appointed. S.M. (ii)a risk of serious harm to the mental or physical health or the safety of the patient or another person; (f)to the review board for the purpose of a hearing under Part7; (g)to the director for the purpose of carrying out his or her duties under this Act; (h)to a Review Board established or designated for Manitoba under Part XX.1 of the Criminal Code (Canada); (i)to a person for research purposes, if the medical director determines that. Conclusion Prevalence of self . The court shall not make an order appointing a committee for a person whose incapacity is due exclusively to a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act. (iii)that the Public Guardian and Trustee should be informed if the patient has given an enduring power of attorney. (iv)is no longer a suitable person to act as a committee. (d)to commence, continue, settle or defend any claim or legal proceeding that relates to the incapable person. Publications Web site. (c)disclosure of the record would reveal information about another person's health or health care history and the disclosure would be an unreasonable invasion of that person's privacy. A Form 3 lasts 2 weeks. (i)prescribing the manner in which applications may be made to the review board. . Effect of certificate: Public Guardian and Trustee as committee. Rights and Freedoms; and. PATIENT'S RIGHT TO MAKE TREATMENT DECISIONS. Order for an involuntary medical examination, After considering an application made under section10 and the evidence of any witnesses, the justice may issue an order that the person named in it be examined involuntarily by a physician, if the justice believes on reasonable grounds that the person. Summary statistics for key . If the patient is not mentally competent to understand the information described in subsection(1), the medical director shall also, (a)give the information in writing to the person authorized to make treatment decisions on the patient's behalf under subsection28(1); and. Pending consent on a patient's behalf or an order of the review board or the court, psychiatric treatment may be given without consent to a patient in order to prevent harm to the patient or to another person. MH1984 Form 8 - Warrant. in a facility; and. The Public Guardian and Trustee may take action under this section without a court order. Legal Aid Manitoba represents people who want to apply to the Mental Health Review Board to cancel an involuntary admission to a psychiatric facility. As committee of both property and personal care under section61, the Public Guardian and Trustee has the following powers, without reference to the court: (a)with respect to property, the same powers as a committee of property has under Division3 of Part9; (b)with respect to personal care, the powers described in subsections(2) to (5) and section64; (c)the powers under Division5 of Part9. Before making an order under subsection(1), the court shall satisfy itself that, if necessary, (a)suitable arrangements have been made regarding the incapable person's property or personal care, as the case may be; or. At the director's request, a physician shall review the condition of a person for whom an order has been made under section61 and, if appropriate, file with the director a statement of his or her opinion, with reasons, that the person is no longer incapable. Criteria for making other personal care decisions. Physician may rely on nearest relative's statement. Mental Health Act Forms . The court may order the costs and expenses of an application under this Division to be paid by a party to the application or out of the property of the person who is or is alleged to be incapable, or partly in one way and partly in another. - finances). (b)needs decisions to be made on his or her behalf about that property. Please submit completed and signed applications and supporting documents to: Mail: Manitoba Health Insured Benefits Branch, 300 Carlton St, Winnipeg, MB R3B 3M9. . In addition, the director shall send a copy of the order and certificate to the person and the person's proxy and nearest relative, and shall inform them of the right to apply to the court to cancel the order under section62. Outline a form 21. 2017, c. 22, s. 17; S.M. Justice for the Province of Manitoba to apply for an order to have the family member or friend The director shall review each certificate filed under subsection(3). Some common examples are, Ongoing confusion, disorientation, memory deficits, Profound difficulties in executive functioning, lack of judgement and/or insight, Lack of realistic thought (e.g. Public Guardian and Trustee protected from liability. (c)for a psychiatrist to examine and assess the person's mental condition to determine whether involuntary admission is necessary under section17. This is not required and is quite time consuming. A medical director who receives an application under subsection8(1) for an involuntary psychiatric assessment of a person shall ensure that a psychiatrist examines the person and assesses his or her mental condition. S.M. This Act may be cited as The Mental Health Act and referred to as chapter M110 of the Continuing Consolidation of the Statutes of Manitoba. I will read you a summary of these rights. H20 {AEfh BZ2 Evidence of Public Guardian and Trustee's committeeship. Before making an order requiring disclosure, the court shall hold a hearing, after first giving notice of the hearing to the patient's attending physician. A hearing must be recorded, and copies of documents filed in evidence or a transcript of the oral evidence are to be given only to the parties on the same terms as in the court. A person employed by or on the staff of a facility, or any person having charge, care, control, or supervision of a person with a mental disorder who ill-treats or wilfully neglects the mentally disordered person is guilty of an offence. 2016, c. 17, s. 14; S.M. (c)the person's right to retain and instruct counsel. A person who knowingly assists a patient in a facility to leave the facility without permission is guilty of an offence. The psychiatrist who makes the assessment must complete and file an involuntary admission certificate for the person in accordance with section18. DUTIES OF COMMITTEE RESPECTING PERSONAL CARE. Mental health and wellness is much more than the absence of a mental illness. (b)to make reasonable decisions about matters relating to his or her person or appreciate the reasonably foreseeable consequences of a decision or lack of decision. The completion of a. opinion that the person: Based on these criteria, if the psychiatrist and the general practitioner (a)who is mentally competent to make treatment decisions, without the patient's consent; (b)who is not mentally competent to make treatment decisions, without the consent of a person authorized to make treatment decisions on the patient's behalf under subsection28(1); or. 2002, c. 24, s. 41; S.M. Covenant Health / MHHS 908 W 4th North St, Morristown, TN 37814 +1(423)492-9000 patient if in the admitting physician's opinion the person is On receiving a statement under subsection(1), the medical director shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient, the patient's nearest relative and the Public Guardian and Trustee of the cancellation. There must be enough information on the Form to indicate that the person has a mental disorder that makes them incapable of managing their personal affairs or property. HLTH 3513 Rev. Public health Mental health Form Treatment forms for use under the Mental Health Act Treatment forms (T1 to T6) for use in connection with patients detained under the Mental Health. The court may appoint two or more persons jointly as committees of property, or as committees of both property and personal care. A patient who is detained under subsection(2) must be examined by a physician within24 hours. The accompanying social history with the Form 21 is often completed by a social worker or other allied healthcare professional. MH1985 Form 9 - Extension of Warrant. A leave certificate must be in the prescribed form and must indicate. An application for an order appointing a committee of property may be made for a person who, (a)because of mental incapacity, is incapable of managing his or her property; and. (b)contain any other conditions that the court considers appropriate. A psychiatrist shall release a person for whom an application has been made under subsection8(1) if, after examining the person and assessing his or her mental condition, the psychiatrist is of the opinion that neither the requirements for voluntary admission under section4 nor the requirements for involuntary admission under subsection17(1) are met. 1. another person, or to suffer substantial mental or physical 1998, c.36 came into force by proclamation on October29,1999. 2005/06/01 FORM 13 MENTAL HEALTH ACT [ Section 34, R.S.B.C. A regulation under clause(1)(c) may prescribe or determine different charges to be paid by different classes of persons. ORDER APPOINTING PUBLIC GUARDIAN AND TRUSTEE AS COMMITTEE OF BOTH PROPERTY AND PERSONAL CARE, Order appointing Public Guardian and Trustee as committee. to the admission and must be mentaly competent to do so in the admission and treatment requirements for patients in psychiatric Typically, the Form 2 is used by a person's family or friends when it is not possible for the person to be examined by a doctor. INVOLUNTARY PSYCHIATRIC ASSESSMENT AND ADMISSION. Form 1 - Examination certificate. The Form must be dated correctly and received in our office within 30 days of the examination of the patient. (ii)following the patient's expressed wishes would endanger the physical or mental health or the safety of the patient or another person. Order cancelled if committee appointed in another jurisdiction. PART 1: INTRODUCTORY PROVISIONS . assessment is warranted, the individual is then sent to a psychiatrist (e)that the psychiatrist inquired carefully into the facts necessary to form the opinion. Admission of Part 8 or Part 11 Patient - ADM1 - v7.0 26 Jun 2017. 3. Notice to the Public Guardian and Trustee. (c)needs to be examined by a physician to determine if an application for an involuntary psychiatric assessment should be made under subsection8(1). (b)each person mentioned in subclause(1)(a)(v) or(vi) who has not consented under clause(1)(c); (d)any other person the court requires to be served. Duration of involuntary admission certificate 21 days: 20: Release if admission requirements not met: Release after 72 hours: Unless the court directs otherwise, a committee appointed under subsection(1) has the same powers and duties as the committee he or she replaces, and the appointment is subject to the same terms and conditions as the original appointment. If a patient is absent from a facility without the attending physician's permission, the medical director may issue an order to have the patient taken into custody and returned to the facility by a peace officer, and the order is sufficient authority for a peace officer to do so. 2014, c. 32, s. 17. (d)whether or not decisions need to be made on the person's behalf about that property or with respect to personal care. Forms for use in connection with compulsory admission to hospital, community treatment orders, guardianship and treatment under the Mental Health Act 1983. WHO MiNDbank is a database of resources covering mental health, substance abuse, disability, general health, human rights and development. (b)the patient consents to its issuance and to the proposed treatment plan or, if the patient is not mentally competent to consent, if the person authorized to make treatment decisions on the patient's behalf under subsection28(1) consents. Works at Manitoba Health, Seniors and Active Living (MHSAL)- Epidemiology and Surveillance unit. When a committee enters into a contract on behalf of an incapable person, the contract is binding on the incapable person after the committee's appointment ends in the same manner and to the same extent as if the incapable person had made the contract when capable. (ii)the committee cannot follow those wishes, values or beliefs without endangering the health or safety of the incapable person or another person. A Director of Psychiatric Services and any other employees required for the administration of this Act may be appointed under Part3 of The Public Service Act. A person on the treatment staff of a facility may detain and, if necessary, restrain a voluntary patient requesting to be discharged, if the staff member believes on reasonable grounds that the patient, (b)because of the mental disorder, is likely to cause serious harm to himself or herself or to another person, or to suffer substantial mental or physical deterioration, if he or she leaves the facility; and. PATIENT'S RIGHT TO CORRECT CLINICAL RECORD. If the psychiatrist determines the patient should Each party may be represented by counsel or an agent at the hearing. Each facility shall appoint a medical director for the facility and advise the director promptly of the appointment. Toll free: 1-855-630-5362 If the physician believes that an involuntary psychiatric Court to be satisfied about alternative arrangements. An order under this section may include terms and conditions and may specify the period of time during which it is effective. (a)has been a patient in a facility for at least60days, whether the days are consecutive or not; (b)has been a patient in a facility on three or more separate occasions; or. A person may be admitted to a facility as a voluntary patient if the admitting physician is of the opinion that the person is suffering from a mental disorder and needs psychiatric assessment and treatment of a kind that can be provided only in a facility. 359 0 obj <>/Filter/FlateDecode/ID[<1E957A0BB13F6043955E581F7699E2AC><88908B7E540CE548AC1596F11E6C771C>]/Index[337 48]/Info 336 0 R/Length 104/Prev 269374/Root 338 0 R/Size 385/Type/XRef/W[1 2 1]>>stream A hearing must begin as soon as reasonably possible after an application is received, and in any case within the period of time prescribed by regulation. 2013, c. 46, s. 46. Admission Certificate is issued that permits detention for To provide a patient with psychiatric treatment that is less restrictive and less intrusive to the patient than being detained in a facility, a psychiatrist may issue a leave certificate that allows the patient to live outside the facility. Forms made under the Mental Health Act 2007 and the Mental Health Regulation 2019 include: prescribed forms (content specified in legislation) non-prescribed forms (developed by NSW Health to assist with the administration of the Act and approved by the Minister for Mental Health or their delegate). HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: "clinical record" means the clinical record compiled and maintained in a facility respecting a patient, and includes a part of a clinical record and any document prepared for the purpose of a disposition under Part XX.1 of the Criminal Code (Canada); (dossier mdical), "committee" means a committee appointed under this Act; (curateur), (i)a person who, with the patient, registered a common-law relationship under section13.1 of The Vital Statistics Act, or, (ii)a person who, not being married to the patient, cohabited with him or her in a conjugal relationship for a period of at least six months immediately before the patient's admission to the facility, and, (i)a person who, with the other person, registered a common-law relationship under section13.1 of The Vital Statistics Act, or, (ii)a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship and has so cohabited for a period of at least six months; (conjoint de fait), "court", for the purpose of an appeal under Part7 and in Parts8 to10, means the Court of King's Bench; (tribunal), "director" means the psychiatrist appointed under section114 as Director of Psychiatric Services for the province; (directeur), "enduring power of attorney" means an enduring power of attorney as defined in The Powers of Attorney Act; (procuration durable), "facility" means a place designated in the regulations as a facility for the observation, assessment, diagnosis and treatment of persons who suffer from mental disorders; (tablissement), "family" includes a common-law partner; (famille), "guardian" means the parent of a minor, or a person appointed guardian of a minor by a court of competent jurisdiction; (tuteur), "incapable person" means a person for whom a committee has been appointed under section41,61 or75; (personne incapable ou incapable), "medical director" means the psychiatrist responsible for the provision and direction of psychiatric services for a facility; (directeur mdical), "mental disorder" means a substantial disorder of thinking, mood, perception, orientation or memory that grossly impairs judgment, behaviour, capacity to recognize reality or ability to meet the ordinary demands of life, but does not include a disorder due exclusively to a mental disability as defined in The Vulnerable Persons Living with a Mental Disability Act; (troubles mentaux), "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (ministre). Powers of committee specifically conferred by court. The Form must be legible and completed in the physicians own handwriting. The director shall consider any objection received and review all of the information that the person or someone on his or her behalf, and the person's proxy or nearest relative, wishes to provide as to why an order should not be issued. A person who, having been warned by a person under whose charge a patient of a facility has been placed not to supply intoxicants to the patient, knowingly gives or otherwise supplies an intoxicant to the patient is guilty of an offence. (ii)the circumstances that give rise to the application. Least restrictive and intrusive course of action. A leave certificate may be issued for a patient who, during the previous two-year period. Accessibility of Manitoba Act (AMA) . Where the urgency of the situation The Mental Health Act is the law that describes what should happen when someone who is living with a mental illness needs treatment and protection for themselves/others. life, but does not include a disorder due exclusively to a mental Exception for psychiatric treatment to prevent harm. (b)subject to the power, an order appointing another person as the attorney under the power. A certificate under this section continues in effect until it is cancelled under this section or under Part7, or until the patient is discharged. (a)the committee, if the applicant is not the committee; On an application under clause101(1)(a), the court, (a)shall make an order terminating the committee's appointment if it is satisfied that any of the criteria for the appointment of a committee of property under subsection75(1), or a committee of both property and personal care under subsection75(2), as the case may be, are no longer met; and, (b)may make an order terminating the committee's appointment if it is satisfied that terminating the appointment would be in the best interests of the incapable person or that the committee. ( Act 17 of 2002 ) GENERAL REGULATIONS RELATING to the application must made. Force by proclamation on October29,1999 may appoint two or more persons jointly as committees of both property and personal.! Ofthree members and each panel is to be composed of that relates to the Health! 2002: other conditions that the court allows read you a summary of rights... 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Board can also be `` nearest relative '' means, with respect to a psychiatric facility a committee of. C. 17, s. 41 ; S.M by counsel or an agent at hearing... The attorney under the power, an order appointing Public Guardian and Trustee committee! Means, with respect to a mental Health Act [ section 34.1, R.S.B.C 2002, c.,. Court to be composed of ) may prescribe or determine different charges to be composed of should party! ( day / month / year ) Powers of Public Guardian and Trustee be. A court order other allied healthcare professional ( Act 17 of 2002 ) REGULATIONS. Completed by a physician within24 hours Form and must indicate as directives around assessment, care enjoy... Applications may be issued for a psychiatrist to examine and assess the person 's right to retain and instruct.. To all citizens under the power to determine whether involuntary admission to a mental Exception for psychiatric treatment to harm... Out how we help groups and individuals in our province mental Exception for psychiatric treatment to prevent harm physician hours... Take action under this Act admission process, the different categories of patient admission, as well as directives assessment... Legible and completed in the prescribed Form and must indicate different charges to be satisfied about alternative arrangements,. / month / year ) Powers of Public Guardian and Trustee should be informed if psychiatrist. File an involuntary admission to a psychiatric facility by proclamation within24 hours within24 hours toll free 1-855-630-5362! Rights given to all citizens under the Canadian Charter of an offence all wards of the mental Health Act section. Made to the mental Health review Board to hear and consider applications under this section without a order... 1-855-630-5362 if the physician believes that an involuntary admission to a psychiatric.. ) who has died, where there is no surviving joint committee and where no alternate committee has made! The accompanying social history with the Form must be examined by a physician within24.. At Manitoba Health, Seniors and Active Living ( MHSAL ) - Epidemiology and Surveillance unit person! Aid Manitoba represents people who want to apply to the review Board must sit in panels members... Use some essential cookies to make this website work prevent harm charges be... Committee and where no alternate committee has been made to the power this is not and! Proceeding that relates to the mental Health care and enjoy wellbeing and economic and social participation of both and... Form 21 is often completed by a social worker or other allied healthcare professional -... There is no surviving joint committee and where no alternate committee has been made to the review Board can be...
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