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- Is amended by General Regulations: Amendment
- Is amended by General Regulations; Correction
South Africa
Mental Health Care Act, 2002
General Regulations, 2004
Government Notice R1467 of 2004
- Published in Government Gazette 27117 on 15 December 2004
- Commenced on 15 December 2004
- [This is the version of this document as it was from 11 February 2005 to 22 December 2016.]
- [Amended by General Regulations; Correction (Government Notice R98 of 2005) on 11 February 2005]
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and unless the context otherwise indicates—“health establishment administered under the auspices of the State” means—(a)a public health establishment; or(b)a health establishment contracted to and funded by the State to provide mental health care services on behalf of the State;“maximum security facility” means a ward or unit within a psychiatric hospital, designated by or such the head of that psychiatric hospital.“physical means of restraint” means temporarily physically restraining the movement of the body by one or more persons in order to prevent that the person so restrained harm himself or herself or others.“primary health care facility” means a health establishment which provides primary health care;“private hospital” means a hospital, which is not owned or funded by the State;“seclusion” means the isolation of a user in a space where his or her freedom of movement is restricted;“the Act” means the Mental Health Care Act, 2002 (Act No. 17 of 2002).Chapter 1
Quality standards and norms
2. Co-ordination and implementation of mental health services
3. Decision by Head of health establishment
4. Home visits
Providers of mental health care may visit homes and places of employment of persons who are deemed to be mentally ill or intellectually disabled, within the catchment areas in which they operate, if such home visit is required for the care, treatment or rehabilitation of a mental health care user.[regulation 4 substituted by section 1.2.1 of Government Notice R98 of 2005]5. Community care
6. Subsidies or transfers to non-government organizations or volunteer organizations
The State must provide subsidies to appropriate non-profit organizations or volunteer organizations for the provision of community care, treatment and rehabilitation to meet the objectives of the Act.7. Report on exploitation and abuse
Chapter 2
Application for mental health care and assessment
8. Emergency admission or treatment without consent
Any person or health establishment that provides care, treatment and rehabilitation services to a mental health care user or admits such user in circumstances contemplated in section 9(1)(c) of the Act must report that fact in writing in the form of form MHCA 01 of the Annexure to the relevant Review Board.[regulation 8 substituted by section 2.1.1. of Government Notice R98 of 2005]9. Application for assisted mental health care
10. Application for involuntary mental health care and assessment
11. 72-Hours assessment after head of health establishment grants application for involuntary care, treatment and rehabilitation
12. Information regarding health establishments that provide assessment
Chapter 3
Appeals
13. Appeal against decision of head of health establishment to approve application for assisted care, treatment and rehabilitation
14. Appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation
15. Consideration of appeals by Review Board
16. Order by High Court on further involuntary care, treatment and rehabilitation
Within 30 days after receipt of the documents submitted by the Review Board in terms of sections 34(7) or 35(4), the High Court must in terms of section 36 of the Act in the form of form MHCA 16 of the Annexure order—Chapter 4
Transfer and discharge
17. Discharge report
The head of a health establishment must in terms of section 16 or 56 of the Act issue a discharge report in the form of form MHCA 03 of the Annexure.[regulation 17 substituted by section 3.1.1. of Government Notice R98 of 2005]18. Involuntary outpatient mental health care user
19. Transfer of involuntary mental health care user
Arrangement for a transfer contemplated section 34(4)(b) of the Act must be made in accordance with form MHCA 11 of the Annexure between the head of the psychiatric hospital, care and rehabilitation center concerned and the head of a health establishment where the involuntary is currently admitted.20. Transfer of involuntary mental health care user from inpatient basis to outpatient basis and vice versa
21. Periodical reports
22. Application for the transfer of a mental health care user to a maximum security facility
The head of a health establishment may in terms of section 39(1), 43 or 54(2) of the Act in the form of form MHCA 19 of the Annexure request the Review Board concerned to order the transfer of an assisted-or involuntary mental health care user and a State patient or mentally ill prisoner to another health establishment or a designated health establishment with a maximum security facility.[regulation 22 substituted by section 3.3.1. of Government Notice R98 of 2005]23. Order for transfer of mental health care user to maximum security facility
24. Notice of transfer of State patient or mentally ill prisoner between health establishments
25. Transfer of State patient from detention center to designated health establishment and between designated health establishments
26. Leave of absence
27. Transfer of assisted or involuntary mental health care user, State patient or mentally ill prisoner with the assistance of the South African Police Service
28. Apprehension and handing over of person to health establishment by South African Police Service
If a member of the South African Police Services apprehends a person in terms of section 40(1) of the Act, that member must cause that person to be—29. Return of an absconded person who has been apprehended and is being held in custody by South African Police Service
30. Discharge of State patient
31. Procedure on expiry of term of imprisonment of mentally ill prisoner
An application in terms of section 58(3) of the Act must be made in the form of form MHCA 38 of the Annexure.Chapter 5
Surgical procedures, medical or therapeutic treatment
32 Psycho-surgery
33. Electro-convulsive treatment
34. Sleep therapy
The use of “sleep therapy” is prohibited in respect of mental health care users.35. Consent to treatment or operations for illness other than mental illness
36. Use of mechanical means of restraint
37. Seclusion
Chapter 6
Maximum-security facilities
38.
Arrangements for the transfer of a mental health care user to another health establishment must be made between the heads of the two health establishments concerned.Chapter 7
Compulsory records
39.
The following records must be kept in a health establishment that provides mental health care, treatment and rehabilitation—40. Monthly reports
The head of a health establishment contemplated in regulation 44 must on a monthly basis submit to the head of the provincial department a return of the number of patients, their legal status and the information contemplated in regulation 44.Chapter 8
Observation and treatment
41. Observation and treatment of mental health care users referred to health establishment by a court of law in terms of the Criminal Procedures Act, 1977 ( Act No. 51 of 1977)
Chapter 9
Authorisation and licensing
42. Authorization and licensing of private hospital providing mental health services
43. Licensing of community facilities
Chapter 10
Educational programmes
44. Establishment and implementation of educational programmes for mental health care users admitted at health establishments
Chapter 11
Care and administration of property of mentally ill person or person with severe or profound intellectual disability
45. Application to Master of High Court for appointment of an administrator
The Master of a High Court must make a decision contemplated in section 60 (8) of the Act in terms of form MHCA 40.Chapter 12
General provisions
46. Payment of maintenance costs and expenses in facilities run under auspices of the State
47. Estimated property value and annual income
48. Repeal
History of this document
23 December 2016 amendment not yet applied
Amended by
General Regulations: Amendment
11 February 2005 this version
Amended by
General Regulations; Correction
15 December 2004
Cited documents 2
Act 2
1. | Criminal Procedure Act, 1977 | 4013 citations |
2. | Mental Health Care Act, 2002 | 368 citations |