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

Regulations

General Regulations

Annexures

Form MHCA 14

 

ANNEXURE

FORM MHCA 14

 

DEPARTMENT OF HEALTH

 

DECISION BY REVIEW BOARD CONCERNED—

 

 

(a) assisted mental care, treatment and rehabilitation [section 28(3) of the Act];

 

(b) appeal against decision of head of health establishment concerning assisted care, treatment and rehabilitation [section 29(2) of the Act];

 

(c) further involuntary care, treatment and rehabilitation on an inpatient basis [section 34(7) of the Act]; or

 

(d) appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation [section 35(2) of the Act]

 

 

Gender:

 

 Male

 

Female

 

Occupation

.....................................................................................................

Marital status:  

  S

 

M

 

D

 

W

 

 

 

 

Residential address:

 

..................................................................................................................

 

..................................................................................................................

 

 

The Review Board of .....................................................................................

(name of review Board)

have considered documentation and issues relevant to:

 

 

Application for assisted/involuntary care, treatment and rehabilitation of the above User:

 

The Review Board have considered (inter alia) whether:

 

(a) the User is capable of making an informed decision on the need to receive care, treatment and rehabilitation services.
(b) the User is suffering from a mental illness or severe or profound intellectual disability, and as a consequence of this requires care, treatment and rehabilitation for his / her health and safety or the health and safety of others.
(c) the User is willing

 

 

unwilling

 

to receive care, treatment and rehabilitation services.

(d) the User is likely to inflict serious harm on him / herself or others.
(e) care, treatment and rehabilitation is necessary for the User's financial interest and reputation.
(f) the User's right to movement, privacy and dignity will be unnecessarily restricted.

 

Application to appeal against decision of head of health establishment on assisted

 

 

/ involuntary

 

care, treatment and rehabilitation

 

The Review Board has requested / provided the opportunity for the following to make oral or written representations on the merits of the request:

 

(a)        Applicant

 

 

 

(b)        Appellant

 

 

 

(c)        Independent mental health care practitioner(s)

 

 

 

(d)        Head of health establishment

 

 

 

(e)        Others

 

 

 

The Review Board has considered the appeal in the prescribed procedure and has decided that—

 

(a)        the User should be discharged from the health establishment

 

 

 

(b) the User should receive care, treatment and rehabilitation services as a voluntary User

 

 

 

(c) the User should receive assisted care, treatment and rehabilitation services as an assisted inpatient  

 

 

 

(d) the User should receive involuntary care, treatment and rehabilitation services as an inpatient

 

outpatient

 

 

Reasons for this decision:

 

..............................................................................................................................

 

..............................................................................................................................

 

...............................................................................................................................

 

Print initials and surname: ....................................................................

 

Signature: .............................................................................................

(Chairperson of Review Board)

 

Date: ....................................

 

Place: ..........................................

 

[Copy to be sent (as applicable) to: applicant, appellant, head of health establishment concerned, head of provincial department and High Court Judge]