Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter III : Rights and Duties relating to Mental Health Care Users9. Consent to care, treatment and rehabilitation services and admission to health establishments |
| (1) | A health care provider or a health establishment may provide care, treatment and rehabilitation services to or admit a mental health care user only if – |
| (a) | the user has consented to the care, treatment and rehabilitation services or to admission; |
| (b) | authorised by a court order or a Review Board; or |
| (c) | due to mental illness, any delay in providing care, treatment and rehabilitation services or admission may result in the – |
| (i) | death or irreversible harm to the health of the user; |
| (ii) | user inflicting serious harm to himself or herself or others; or |
| (iii) | user causing serious damage to or loss of property belonging to him or her or others. |
| (2) | Any person or health establishment that provides care, treatment and rehabilitation services to a mental health care user or admits the user in circumstances referred to in subsection (1)(c) – |
| (a) | must report this fact in writing in the prescribed manner to the relevant Review Board; and |
| (b) | may not continue to provide care, treatment and rehabilitation services to the user concerned for longer than 24-hours unless an application in terms of Chapter V is made within the 24-hour period. |
