Mandating Procedures of Provinces Act, 2008
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 2 : Application for Mental Health Care and Assessment9. Application for assisted mental health care |
| (1) | An application for assisted mental health care by a person contemplated in section 27(1) of the Act must be made in the form of Form MHCA 04 of the Annexure. |
| (2) | Where an applicant is unable, for whatever reason, to complete a written application, that applicant must be assisted by a staff member at the health establishment concerned. |
| (3) | An application form referred to in subregulation (1) must be available at all health establishments where there are at least two mental health care practitioners able to examine such person in terms of section 27(4) of the Act. |
| (4) | The application form contemplated in subregulation (1) must when it has been completed, be submitted to the head of a health establishment. |
| (5) | On completion of the examination referred to in subregulation (3), the mental health care practitioners must submit their finding in the form of Form MHCA 05 of the Annexure to the head of the health establishment concerned. |
| (6) | A health establishment that is unable to provide the examination contemplated in section 27(4) of the Act, must refer an applicant to a health establishment within the closest proximity, that provides that examination. |
| (7) | The head of the health establishment concerned must give notice in terms of section 27(9) of the Act to the applicant in the form of Form MHCA 07 of the Annexure of his or her decision concerning the application for assisted care, treatment and rehabilitation in question and reasons thereof. |
| (8) | The head of the health establishment concerned must in terms of section 28(1) of the Act, within seven days of his or her decision referred to in subregulation (7), send a copy of the application for assisted care, treatment and rehabilitation to the relevant Review Board together with a copy of the findings of the two mental health care practitioners referred to in subregulation (5) and a copy of the notice referred to in subregulation (7). |
| (9) | The Review Board concerned must, after receiving the documentation referred to in subregulation (8) and after completing an investigation in terms of section 28(3) of the Act within 30 days report on its findings and decision to the head of the health establishment concerned, the applicant and the head of the relevant provincial department in the form of Form MHCA 14 of the Annexure. |
