Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 5 : Surgical Procedures, Medical or Therapeutic Treatment36. Use of mechanical means of restraint |
| (1) | Mechanical means of restraint may not be used during the transfer of a mental health care user or within a health establishment unless pharmacological or other means of calming, physical means of restraint or seclusion of the user are inadequate to ensure that the user does not harm himself or herself or others. |
| (2) | Where mechanical means of restraint is required in order to administer pharmacological treatment, such means should be applied for as short a period, depending on the condition of the mental health care user concerned, as is necessary to effect the treatment. |
| (3) | While the mental health care user is under restraint, he or she must be subject to observation as prescribed by the psychiatrist or medical practitioner and such observations should be recorded in the clinical notes. |
[Regulation 36(3) substituted by regulation 19(a) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (4) | Whenever mechanical means of restraint is utilised – |
| (a) | a register kept for that purpose must be signed and completed by the relevant medical practitioner; |
| (b) | the form of mechanical means of restraint, the time period used, the times when the mental health care user was observed and the reason for administering such means of restraint must be outlined by the psychiatrist or medical practitioner in the register contemplated in paragraph (a); and |
| (c) | the head of the health establishment concerned must receive a report on a daily basis that indicates all incidents involving the use of mechanical means of restraint. |
[Regulation 36(4) substituted by regulation 19(b) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (5) | A transcript of the register contemplated in subregulation (4) must be submitted by the health establishment concerned to the Review Board on a quarterly basis in the form of Form MHCA 48 of the Annexure. |
| (6) | Mechanical means of restraint may not be used as punishment. |
