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(1) A psychiatrist or head of a facility may recommend the placement of a person under a temporary treatment court order for a pro- longed treatment in a psychiatric hospital if the psychiatrist or head of a facility is of the opinion that the severity of the condition warrants it.

(2) This recommendation shall take into consideration the welfare of that person and the safety of the public.

(3) A patient or caregiver has the right to attend and participate in appeal and complaints procedures.

(4) The recommendation shall be made before the expiry of the court order for temporary treatment or its extension and shall be made on oath to the Tribunal.

(5) The recommendation shall

(a) specify in full detail the reasons why that person is considered a proper subject for prolonged treatment,

(b) specify the nature and severity of the diagnosed mental disorder, the likelihood of complete or partial recovery, and the period which, in the opinion of the psychiatrist or head of a facility, is reasonably required to effect a complete or partial recover, and

(c) specify in full detail the facts on which the opinion is based, distinguishing facts observed personally from facts communicated by others.

(6) The patient shall meet the criteria stated in section 42.

(7) The Tribunal shall examine the person in a place considered convenient or hold an enquiry to determine the state of mind of that person, and for that purpose,

(a) the Tribunal may summon witnesses or administer oaths, and

(b) the Tribunal may order the placement of that person under prolonged treatment in a psychiatric hospital if from the examination or enquiry the person meets the criteria of section 42 and prolonged treatment is the least restrictive treatment available.