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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

19. Governance and Human Resources


19.1 The proprietor /manager must ensure that—
(a) all health professionals rendering services at the relevant residential facility or day care facility have valid proof of their registration with the relevant statutory body;
(b) all staff members are screened against the National Register for Sex Offenders contemplated in section 42(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007);
(c) the health practitioner that prescribe medication at the relevant residential facility or day care facility has a valid prescribing license;
(d) the professional staff keep up to date with prescribed continued professional development as well as receiving relevant in- service training; and
(e) there is a governance structure.


19.2 The proprietor and manager must keep all relevant documents and records relating to the running of the relevant residential facility or day care facility.


19.3 The numbers and skill mix of staff should ensure that mental health care users are appropriately treated and cared for at all times.


19.4 The role and responsibilities of staff members are well- documented and staff is aware of the expectations, and are capable of executing the workload.


19.5 All staff members should be trained in risk management and understand when to refer clients for expert guidance in the context of multi-professional team.


19.6 The staff should have basic training on how to observe and manage difficult or challenging behaviour of and among mental health care users.


19.7 Staff induction and ongoing training should make reference to professional regulation and accountability.


19.8 Staff must be trained in the use of medical equipment within their scope of practice.


19.10 The facility must have written policies and systems, which must include, but not limited to:
(a) management of complaints and abuses.
(b) policy on all aspects of sexual activity (children, adults and staff).
(c) infection control.
(d) occupational health and safety.
(e) quality assurance.
(f) visitation.
(g) access to communication within means of resources.
(h) control of firearms, dangerous weapons and illegal substances.
(i) medical management of chronic and acute medical and psychiatric conditions.
(j) management of users' assets.
(k) smoking policy.
(I) fees and tariffs policy.
(m) management of disruptive and dangerous behaviour.
(n) management of protective measures.
(o) management of medicines and medical supplies.