Mental Health Care Act, 2002 (Act No. 17 of 2002)
Notice No. 1386 of 2002
Act
Preamble
Chapter I : Introduction
1. Definitions
2. Interpretation
Chapter II : Fundamental Provisions
3. Objects of Act
4. Implementation of policies and measures by State
5. Designation of health establishments administered under the auspices of State
6. Provision of mental health care, treatment and rehabilitation services at health establi
Chapter III : Rights and Duties relating to Mental Health Care Users
7. Application of chapter
8. Respect, human dignity and privacy
9. Consent to care, treatment and rehabilitation services and admission to health establishments
10. Unfair discrimination
11. Exploitation and abuse
12. Determinations concerning mental health status
13. Disclosure of information
14. Limitation on intimate adult relationships
15. Right to representation
16. Discharge reports
17. Knowledge of rights
Chapter IV : Mental Health Review Boards
18. Establishment
19. Powers and functions of Review Board
20. Composition of Review Board
21. Removal
22. Vacancies
23. Remuneration
24. Procedures of Review Board
Chapter V : Voluntary, assisted and involuntary Mental Health Care
25. Voluntary care, treatment and rehabilitation services
26. Care, treatment and rehabilitation services for mental health care users incapable of making informed decisions
27. Application for assisted care, treatment and rehabilitation services
28. Initial review of assisted mental health care user by Review Board
29. Appeal against decision of head of health establishment
30. Periodic review and annual reports on assisted health care users
31. Recovery of capacity of assisted mental health care users to make informed decisions
32. Care, treatment and rehabilitation of mental health care users without consent
33. Application to obtain involuntary care, treatment and rehabilitation
34. 72-Hour assessment and subsequent provision of further involuntary care, treatment and rehabilitation
35. Appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation
36. Judicial review on need for further involuntary care, treatment and rehabilitation services
37. Periodic review and annual reports on involuntary mental health care users
38. Recovery of capacity of involuntary mental health care users to make informed decisions
39. Transfer of mental health care users to maximum security facilities
40. Intervention by members of South African Police Service
Chapter VI : State Patients
41. Designation of health establishments for State patients
42. Admission of State patients to designated health establishments
43. Transfer of State patients between designated health establishments
44. State patients who abscond
45. Leave of absence from designated health establishments
46. Periodic review of mental health status of State patients
47. Application for discharge of State patients
48. Conditional discharge of State patients, amendments to conditions or revocation of conditional discharge
Chapter VII : Mentally Ill Prisoners
49. Designation of health establishments for prisoners who are mentally ill
50. Enquiry into mental health status of prisoner
51. Care, treatment and rehabilitation of prisoners with mental illnesses in prison
52. Magisterial enquiry concerning transfer to designated health establishments
53. Procedure to transfer mentally ill prisoners to designated health establishments
54. Transfer of mentally ill prisoners between designated health establishments
55. Periodic reviews of mental health status of mentally ill prisoners
56. Recovery of mental health status of mentally ill prisoners
57. Mentally ill prisoners who abscond from health establishments
58. Procedure on expiry of term of imprisonment of mentally ill prisoner
Chapter VIII : Care and administration of property of mentally ill person or person with severe or profound intellectual disability
59. Appointment of administrator for care and administration of property of mentally ill person or person with severe or profound intellectual disability
60. Application to Master of High Court for appointment of administrator
61. Recommendation to appoint administrator by High Court during enquiry or in course of legal proceedings
62. Confirmation of appointment of administrator
63. Powers, functions and duties of administrators and miscellaneous provisions relating to appointment of administrators
64. Termination of administrator
65. Administration of property of mentally ill person or person with severe or profound intellectual disability
Chapter IX : Regulations
66. Regulations
67. Content of regulations
68. Procedure for making regulations
69. Conditions and exemptions contained in regulations
Chapter X : General Provisions
70. Offences and penalties
71. Establishment of advisory or technical committees
72. Delegation and assignment of powers and agreements
72A. Delegation of powers
73. Repeal of laws
74. Transitional arrangements
75. Short title and commencement
Schedule
Laws Repealed
Regulations
General Regulations
Notice No. R. 1467 of 2004
1. Definitions
Chapter 1 : Quality Standards and Norms
2. Co-ordination and implementation of mental health services
3. Decision by Head of health establishment
4. Home visits
5. Community care
6. Subsidies or transfers to non-government organizations or volunteer organizations
7. Report on exploitation and abuse
Chapter 2 : Application for Mental Health Care and Assessment
8. Emergency admission or treatment without consent
9. Application for assisted mental health care
10. Application for involuntary mental health care and assessment
11. 72-Hour assessment after head of health establishment grants application for involuntary care, treatment and rehabilitation
12. Information regarding health establishments that provide assessment
Chapter 3 : Appeals
13. Appeal against decision of head of health establishment to approve application
14. Appeal against decision of head of health establishment on involuntary care, treatment and rehabilitation
15. Consideration of appeals by Review Board
16. Order by High Court on further involuntary care, treatment and rehabilitation
Chapter 4 : Transfer and Discharge
17. Discharge report
18. Involuntary outpatient mental health care user
19. Transfer of involuntary mental health care user
20. Transfer of involuntary mental health care user from inpatient basis and vice versa
21. Periodical reports
22. Application for the transfer of a mental health care user to a maximum security facility
23. Order for transfer of mental health care user to maximum security facility
24. Notice of transfer of State patient or mentally ill prisoner between health establishments
25. Transfer of State patient from detention center to designated health establishments and between designated health establishments
26. Leave of absence
27. Transfer of an assisted or involuntary mental health care user, State patient or mentally ill prisoner with the assistance of the South African Police Service
28. Apprehension and handing over of person to health establishment by South African Police Service
29. Return of an absconded person who has been apprehended and is being held in custody by the South African Police Station Service
30. Application for discharge of State patient
31. Procedure on expiry of term of imprisonment of mentally ill prisoner
Chapter 5 : Surgical Procedures, Medical or Therapeutic Treatment
32. Psychosurgery
33. Electro-convulsive treatment
34. Sleep therapy
35. Consent to treatment or operations for illness other than mental illness
36. Use of mechanical means of restraint
37. Seclusion
Chapter 6 : Maximum-Security Facilities
38. Repealed :Transfer of a mental health care user
Chapter 7 : Compulsory Records
39. Records
40. Monthly Reports
Chapter 8 : Observation and Treatment
41. Observation and treatment of mental health care users
Chapter 9 : Authorisation and Licensing
42. Authorization and licensing of private hospital providing mental health services
43. Licensing of community facilities
Chapter 10 : Educational Programmes
44. Establishment and implementation of educational programmes for mental health care users admitted at health establishments
Chapter 11 : Care and Administration of Property of Mentally ill person or person with severe or profound intellectual disability
45. Application to Master of High Court for appointment of an administrator
Chapter 12 : General Provisions
46. Payment of maintenance costs and expenses in health establishments
47. Estimated property value and annual income
48. Repeal
Annexures 1-46
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