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National Health Act, 2003 (Act No. 61 of 2003)


Policy Guidelines for the Licensing of Residential and/or Day Care Facilities for Persons with Mental Illness and/or Severe or Profound Intellectual Disability

10. Granting or Refusal of License


10.1 The HOD must on recommendation of the Adjudication Panel, issue or refuse to issue a licence to the applicant.


10.2 The HOD must, if he or she refuses to issue a license to an applicant, provide reasons for the refusal in writing and must advise the applicant of his or her right to appeal the decision to the Member of the Executive Council for health in the relevant province.


10.3 Before the HOD grants or refuses a license, an Inspection Team in the District must conduct a physical inspection of the relevant residential care facility or day care facility and record the outcome in terms of Norms and Standards for Licencing of Residential and Day Care Facilities (Annexure B).


10.4 Inspection Teams must be established by the District Manager of the Health District in which the facility or service is located and should comprise of (but not limited to) a psychiatric nurse, a medical practitioner /psychiatrist, occupational therapist, social worker, dietician, environmental health practitioner and other relevant officials, as required.


10.5 The license issued must specify:
(a) the physical and postal address for the facility for which the license has been issued.
(b) the duration of the license which may not exceed 12 months.
(c) the number of users to be accommodated.
(d) the diagnostic categories, legal classification, age -group and gender of users to be accommodated.
(e) that the license is not transferrable to any other facilities.
(f) the type of service and level of care as specified in Annexure C.