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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

2. Context


2.1 Mental health care users require access to community based mental health services to ensure their recovery and /or attainment of their life goals and potential.


2.2 The development of community based mental health residential and day care services and facilities are promoted by the Act, as well as the National Mental Health Policy Framework and Strategic Plan 2013 - 2020. The development of these services and /or facilities contribute to the successful re- integration of mental health care users into their respective communities and minimises stigma associated with mental illness.


2.3 Residential and day care services and /or facilities for persons with mental illness, or intellectual disability have been predominantly provided by non -governmental organisations. These organisations are in the main registered by the National Department of Social Development, licensed by the Provincial Department of Health and funded by either the Provincial Departments of Health and Social Development, and at times by both.


2.4 In terms of the General Regulations, any service which is not a designated psychiatric hospital or care and rehabilitation centre, but which provides residential or day care facilities for 5 people or more with mental disorders, must—
(a) obtain a license from the provincial department concerned to operate; and
(b) be subjected to at least an annual audit by designated officials of the provincial department concerned.