Diamonds Act, 1986
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 2 : Application for Mental Health Care and Assessment11. 72-Hour assessment after head of health establishment grants application for involuntary care, treatment and rehabilitation. |
[Regulation 11 heading substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (1) | The assessment contemplated in section 34 of the Act must be done in accordance with Form MHCA 06 of the Annexure. |
| (2) | The registered medical practitioner conducting an assessment contemplated in section 34 of the Act may determine the treatment programme and the place within the hospital where the mental health care user must be kept during the 72-hour assessment period to ensure the safety of such user and others. |
[Regulation 11(2) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (3) | If the facilities at the health establishment concerned are unsuitable for the 72-hour assessment or personnel within that health establishment are unable to cope with a mental health care user due to the potential harm which that user may inflict on himself, herself, others or property if he or she remains in that health establishment, that health establishment must transfer that user to another health establishment with suitable personnel or facilities to conduct the assessment. The time period for the 72-hour assessment shall not be more than 72-hour irrespective of transfers or interruptions. |
[Regulation 11(3) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (4) | A registered medical practitioner contemplated to in subregulation (2) must make a provisional diagnosis of any mental illness and initiate treatment according to standard treatment guidelines or protocols as soon as possible. |
[Regulation 11(4) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (5) | A registered medical practitioner must monitor the physical and mental condition of the mental health care user closely and give a written report to the head of the health establishment concerned on such user's mental status at least every 24 hours during the 72-hour assessment period. |
[Regulation 11(5) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (6) | The medical practitioner and another mental health care practitioner who conducted 72-hour assessment must within 12 hours after the expiry of the 72-hour assessment period each submit a written report in the form of Form MHCA 06 of the Annexure to the head of the health establishment concerned, indicating his or her assessment on the physical and mental health status of the mental health care user and his or her recommendations concerning further treatment. |
[Regulation 11(6) substituted by regulation 7 of Notice No. 1590, GG f40515, dated 23 December 2016]
| (7) | The head of a health establishment concerned may discharge or transfer a mental health care user to voluntary status during the 72-hour assessment if that user's mental condition warrants it. |
| (8) | If the head of the health establishment concerned, following the 72-hour assessment, is of the opinion that the mental health status of the mental health care user warrants further involuntary care, treatment and rehabilitation services on an outpatient basis, he or she must inform the Review Board in the form of Form MHCA 09 of the Annexure thereof. |
[Regulation 11(8) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (9) | If the head of the health establishment concerned, following the 72-hour assessment, is of the opinion that the mental health care user warrants further involuntary care, treatment and rehabilitation services on an inpatient basis, he or she must request the Review Board in the form of MHCA 08 of the Annexure to approve such further care, treatment and rehabilitation. |
[Regulation 11(9) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (10) | The Review Board must within 30 days of receipt of documents referred to in Section 34(3)(c)(i) of the Act send a decision on further involuntary care, treatment and rehabilitation on an inpatient basis in the form of Form MHCA 14 of the Annexure with reasons to the applicant and the head of the health establishment. |
