Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care34. 72-Hour assessment and subsequent provision of further involuntary care, treatment and rehabilitation |
| (1) | If the head of the health establishment grants the application for involuntary care, treatment and rehabilitation services, he or she must – |
| (a) | ensure that the user is given appropriate care, treatment and rehabilitation services; |
| (b) | admit the user and request a medical practitioner and another mental health care practitioner to assess the physical and mental health status of the user for a. period of 72 hours in the manner prescribed; and |
| (c) | ensure that the practitioners also consider whether – |
| (i) | the involuntary care, treatment and rehabilitation services must be continued; and |
| (ii) | such care, treatment and rehabilitation services must be provided on an outpatient or inpatient basis. |
| (2) | The head of the health establishment must, within 24 hours after the expiry of the 72-hour assessment period make available the findings of the assessment to the applicant. |
| (3) | If the head of the health establishment following the assessment, is of the opinion that the mental health status of the mental health care user – |
| (a) | does not warrant involuntary care, treatment and rehabilitation services, the user must be discharged immediately, unless the user consents to the care , treatment and rehabilitation services; or |
| (b) | warrants further involuntary care, treatment and rehabilitation services on an outpatient basis, he or she must – |
| (i) | discharge the user subject to the prescribed conditions or procedures relating to his or her outpatient care, treatment and rehabilitation services; and |
| (ii) | in writing, inform the Review Board. |
| (c) | warrants further involuntary care, treatment and rehabilitation services on an inpatient basis, the head of the health establishment must – |
| (i) | within seven days after the expiry of the 72-hour assessment period submit a written request to the Review Board to approve further involuntary care, treatment and rehabilitation services on an inpatient basis containing – |
| (aa) | a copy of the application referred to in section 33; |
| (bb) | a copy of the notice given in terms of section 33(8); |
| (cc) | a copy of the assessment findings; and |
| (dd) | the basis for the request; and |
| (ii) | give notice to the applicant of the date on which the relevant documents were submitted to the Review Board. |
| (4) | If the mental health care user is to be cared for, treated and rehabilitated on an inpatient basis and the user has been admitted to a health establishment which is – |
| (a) | a psychiatric hospital, that hospital must keep, care for, treat and rehabilitate the user; or |
| (b) | not a psychiatric hospital, that user must be transferred to a psychiatric hospital for care, treatment and rehabilitation services, until the Review Board makes its decision. |
| (5) | If at any time after the expiry of the 72-hour assessment period, the head of the health establishment is of the opinion that the user who was admitted on an involuntary inpatient basis is fit to be an outpatient, he or she must – |
| (a) | discharge the user according to the prescribed conditions or procedures; and |
| (b) | inform the Review Board in writing. |
| (6) | The head of the health establishment may cancel the discharge and request the user to return to the health establishment on an involuntary inpatient basis, if he or she has reason to believe that the user fails to comply with the terms and conditions of such discharge. |
| (7) | The Review Board must, within 30 days of receipt of documents referred to in subsection (3)(c)(i) – |
| (a) | consider the request in the prescribed manner, and give the applicant, mental health care practitioners referred to in section 33 or an independent mental health care practitioner, if any, and the head of the health establishment an opportunity to make oral or written representations on the merits of the request; |
| (b) | send a decision in writing with reasons to the applicant and the head of the health establishment; and |
| (c) | if the Review Board decides to grant the request, submit to the Registrar of a High Court the documents referred to in subsection (3)(c)(i) and the written notice for consideration by a High Court. |
| (8) | If at any stage before making a decision on further involuntary care, treatment and rehabilitation services on an inpatient basis, an appeal is lodged against the decision of the head of the health establishment in terms of section 35, the Review Board must stop the review proceedings and consider the appeal. |
