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

Regulations

General Regulations

Chapter 4 : Transfer and Discharge

21. Periodical reports

 

(1) A periodic review must be done on –
(a) an assisted mental health care user in terms of section 30 of the Act using Form MHCA 13A;)
(b) an involuntary mental health care user in terms of section 37 of the Act using Form MHCA 13A;
(c) a state patient in terms of section 46 of the Act using Form MHCA 13B;
(d) a mentally ill prisoner in terms of section 55 of the Act using Form MHCA 13A.

[Regulation 21(1) substituted by regulation 12(a) of Notice No. 1590, GG 40515, dated 23 December 2016]

 

(2) With regard to a person referred to in subregulation (1)(a), (b) or (c) –
(a) the first review must be done by a psychiatrist or medical practitioner six months after the commencement of care, treatment and rehabilitation services;
(b) the second review must be done by any mental health care practitioner 12 months after the first review referred to in paragraph (a); and
(c) the reviews thereafter must be done every 12 months, provided that every alternate review shall be done by a psychiatrist or  medical practitioner.

[Regulation 21(2)(a) and (c) substituted by regulation 12(b) of Notice No. 1590, GG 40515, dated 23 December 2016]

 

(3) With regard to a person referred to in subregulation (1)(d) periodic reviews must be done every six months by a psychiatrist or a medical practitioner.

[Regulation 21(3) substituted by regulation 12(c) of Notice No. 1590,GG 40515, 23 December 2016]

 

(4) Within 30 days after the Review Board concerned has received a summary report of a periodic review referred to in subregulation (1)(a), (b) and (d), such Review Board must decide on the review in the form of Form MHCA 17 of the Annexure.