Acts Online
GT Shield

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

Chapter IX : Regulations

66. Regulations

 

(1) The Minister may, after consultation with all relevant members of the Executive Council, make regulations on –
(a) surgical procedures or medical or therapeutic treatment for mental health care users;
(b) setting of quality standards and norms for care, treatment and rehabilitation of mental health care users;
(c) establishment of maximum security facilities for mental health care users;
(d) seclusion of mental health care users and use of mechanical means of restraint;
(e) establishment of facilities for State patients and mentally ill prisoners;
(f) observation, detention, care, treatment and rehabilitation of mental health care users referred to a health establishment by a court of law;
(g) expediting the processing of applications referred to in Chapter V;
(h) establishment of child, adolescent and geriatrics facilities to promote their mental health status and their admission, care, treatment and rehabilitation at health establishments;
(i) establishment and implementation of educational programmes for mental health care users admitted at health establishments ;
(j) discharge or leave of absence of mental health care users on their recovery or on the application from spouses or associates ;
(k) transfer, removal and transportation of mental health care users to a health establishment and the assistance by members of the South African Police Service in effecting a removal or transfer and conditions to be attached to such removal or transfer;
(l) books and records which must be kept at a health establishment in respect of a mental health care user and the entries which must be made therein, including the accounts, returns, reports, extracts, copies, statements, notices, documents and information which must be sent to the Minister;
(m) payment of maintenance costs and expenses incurred in connection with the transfer, detention, care, treatment and rehabilitation and maintenance of any mental health care user in health establishments administered under the auspices of State;
(n) estimated property value and annual income of a mentally ill person or person with severe or profound intellectual disability in respect of whom an administrator may be appointed;
(o) authorisation and licensing of health establishments administered under the auspices of State, a non-governmental organisation or private body providing mental health care, treatment and rehabilitation services and conditions to be attached to such authorisation or licence;
(p) matters concerning the powers, functions, guidelines for exercising these powers and functions and reporting obligations of a Review Board;
(q) care, treatment and rehabilitation of mental health care users with specified infectious or communicable diseases;
(r) the period within which mental health care users may be kept in Police custody; and
(s) any matter necessary or expedient in order to achieve the objectives of this Act.