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

Regulations

General Regulations

Chapter 4 : Transfer and Discharge

23. Order for transfer of mental health care user to maximum security facility

 

(1) If the Review Board concerned approves in terms of section 39(4) of the Act the request of a head of a health establishment referred to in regulation 20(1), such Review Board may in the form of Form MHCA 20 of the Annexure order the transfer of en assisted or involuntary mental health care user to a health establishment with maximum security facilities.

 

(2) If the Review Board concerned approves in terms of section 43(3) or 54(1) of the Act the request of a head of a health establishment referred to in regulation 20(2) or (3), such Review Board may in the form of Form MHCA 20 of the Annexure order the transfer of a State patient or mentally ill prisoner to another designated health establishment with a maximum security facility.

 

(3) 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.

[Regulation 23(3) inserted by regulation 13 of Notice No. R. 1590, GG 40515, dated 23 December 2016]