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

Regulations

General Regulations

Chapter 4 : Transfer and Discharge

27. Transfer of assisted or involuntary mental health care user, State patient or mentally ill prisoner with the assistance of the South African Police Service

 

(1) The head of the health establishment concerned may only in exceptional circumstances and upon the recommendation of a mental health care practitioner, request assistance of the South African Police Service with the transfer of an assisted or an involuntary mental health care user, state patient or mentally ill prisoner.

 

(2) A request referred to in subregulation (1) must only be made if the head of the health establishment is satisfied that medical care has been provided to such user or that an attempt was made to provide such care and such head is of the opinion that such mental health care user, state patient or mentally ill prisoner is too dangerous to be transferred in a vehicle staffed only by health personnel or is likely to abscond during such transfer unless guarded.

 

(3) A mental health care user referred to in subregulation (1) who has to be transferred, may be held in custody at a police station for a period of not more than 24 hours to affect the transfer.

 

(4) A health care practitioner must accompany the mental health care user contemplated in subregulation (1) during transfer.