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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Chapter V : Voluntary, assisted and involuntary Mental Health Care

28. Initial review of assisted mental health care user by Review Board

 

(1) The head of the health establishment concerned must, within seven days of his or her decision under section 27(9), send a copy of the application to the relevant Review Board together with a confirmation of his or her decision.

 

(2) Within 30 days of receipt of the documents referred to in subsection (1), the Review Board must conduct an investigation into the –
(a) incapacity of the mental health care user to make an informed decision on the need for the assisted care, treatment and rehabilitation services; and
(b) circumstances under which the mental health care user is receiving care, treatment and rehabilitation services.

 

(3) On completion of the investigation, the Review Board must –
(a) request the head of the health establishment to –
(i) continue providing the mental health care user with the appropriate care, treatment and rehabilitation services; or
(ii) discharge the mental health care user according to accepted clinical practice; and
(b) report on its findings and the steps taken to the head of the relevant provincial department.

 

(4) If at any stage before the completion of the investigation, an appeal is lodged in terms of section 29, the Review Board must stop the investigation and consider the appeal in question.