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

Chapter V : Voluntary, assisted and involuntary Mental Health Care

27. Application for assisted care, treatment and rehabilitation services

 

(1)
(a) An application referred to in section 26 may only be made by the spouse, next of kin, partner, associate, parent or guardian of a mental health care user, but where the –
(i) user is below the age of 18 years on the date of the application, the application must be made by the parent or guardian of the user; or
(ii) spouse, next of kin, partner, associate, parent or guardian of the user is unwilling, incapable or not available to make such an application, the application may be made by a health care provider.
(b) The applicants referred to in paragraph (a) must have seen the mental health care user within seven days before making the application.

 

(2) Such application must be made in the prescribed manner, and must –
(a) set out the relationship of the applicant to the mental health care user;
(b) if the applicant is a health care provider, state –
(i) the reasons why he or she is making the application; and
(ii) what steps were taken to locate the relatives of the user in order to determine their capability or availability to make the application;
(c) set out grounds on which the applicant believes that care, treatment and rehabilitation services are required; and
(d) state the date, time and place where the user was last seen by the applicant within seven days before the application is made.

 

(3) An application referred to in subsection (1) may be withdrawn at any time.

 

(4)
(a) On receipt of the application, the head of a health establishment concerned must cause the mental health care user to be examined by two mental health care practitioners.
(b) Such mental health care practitioners must not be the persons making the application and at least one of them must be qualified to conduct physical examinations.

 

(5) On completion of the examination referred to in subsection (4), the mental health care practitioners must submit their written findings to the head of the health establishment concerned on whether the –
(a) circumstances referred to in section 26(b) are applicable; and
(b) mental health care user should receive assisted care, treatment and rehabilitation services as an outpatient or inpatient .

 

(6)
(a) If the findings of the two mental health care practitioners differ, the head of the health establishment concerned must cause the mental health care user to be examined by another mental health care practitioner.
(b) That mental health care practitioner must, on completion of such examination, in writing, submit a report on the aspects referred to in subsection (5).

 

(7) The head of the health establishment may only approve the application if the findings of two of the mental health care practitioners referred to in subsection (4) or (6) concur that conditions for assisted care, treatment and rehabilitation exist.

 

(8) The head of the health establishment may only approve assisted care, treatment and rehabilitation of a prospective user as an inpatient if –
(a) the findings of two mental health care practitioners concur that conditions for inpatient care, treatment and rehabilitation exist; and
(b) satisfied that the restrictions and intrusions on the rights of the mental health care user to movement, privacy and dignity are proportionate to the care, treatment and rehabilitation services required.

 

(9) If satisfied, the head of the health establishment must give written notice to the applicant of his or her decision concerning assisted care, treatment and rehabilitation in question and reasons thereof.

 

(10) If the head of the health establishment approves the application for inpatient assisted care, treatment and rehabilitation services, he or she must, within five days, cause the mental health care user to be admitted to that health establishment or to be referred to another health establishment with appropriate facilities.