Higher Education Act, 1997 (Act No. 101 of 1997)
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 5 : Surgical Procedures, Medical or Therapeutic Treatment35. Consent to treatment or operations for illness other than mental illness |
| (1) | Where a mental health care practitioner deems a user to be incapable of consenting to treatment or an operation, due to mental illness or intellectual disability, informed consent must be obtained in accordance with Section 7 of the National Health Act, 2003 (Act No. 61 of 2003). |
[Regulation 35(1) substituted by regulation 18(b) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (2) | The head of the health establishment where the mental health care user resides or the head of a facility licensed in terms of regulation 42(1) where the mental health care user resides, may grant consent to treatment or an operation if – |
| (a) | none of the persons contemplated in subregulation (2) is available and unsuccessful attempts have been made to locate them and this has been confirmed in writing; |
| (b) | the relevant alternatives have been discussed with the head of the health establishment or the head of the licensed facility concerned above and that head is satisfied that the most appropriate intervention is to be performed; and |
| (c) | the medical practitioner who is going to perform that operation recommends the treatment or operation. |
| (3) | The information requested in paragraphs (a), (b) and (c) of subregulation (2). |
[Following the deletion of regulation 35(1) by regulation 18(a) and the renumbering of regulation 35(2) as regulation 35(1), by regulation 18(b), the subsequent regulations were renumbered by regulation 18(c) of Notice No. 1590, GG 40515, dated 23 December 2016]
