Statistics Act, 1999
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care30. Periodic review and annual reports on assisted health care users |
| (1) | Six months after the commencement of care, treatment and rehabilitation services, and every 12 months thereafter, the head of the health establishment concerned must cause the mental health status of an assisted mental health care user to be reviewed. |
| (2) | Such review must – |
| (a) | state the capacity of the mental health care user to express himself or herself on the need for care, treatment and rehabilitation services; |
| (b) | state whether there are other care, treatment and rehabilitation services that are less restrictive or intrusive on the right to movement, privacy and dignity of the user; and |
| (c) | make recommendations regarding a plan for further care, treatment and rehabilitation services. |
| (3) | A summary report of the review must be submitted to the Review Board. |
| (4) | Within 30 days after receipt of the report, the Review Board – |
| (a) | may consult with any person who may have information concerning the mental health status of the user; |
| (b) | must decide on the review; and |
| (c) | must send a written notice of its decision and the reasons thereof to the mental health care user in question, applicant concerned, head of the health establishment where the user is admitted and the head of the relevant provincial department. |
| (5) |
| (a) | If the Review Board concerned decides to discharge the assisted mental health care user- |
| (i) | all care, treatment and rehabilitation services must be stopped according to accepted clinical practices; and |
| (ii) | if admitted, the user must be discharged from the relevant health establishment, unless the user consents to the care, treatment and rehabilitation services. |
| (b) | The head of the health establishment concerned must comply with the decision of the Review Board. |
