Older Persons Act, 2006
R 385
Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care33. Application to obtain involuntary care, treatment and rehabilitation |
| (1) |
| (a) | An application for involuntary care, treatment and rehabilitation services may only be made by the spouse, next of kin, partner, associate, parent or guardian of amental health care user, but where the – |
| (i) | user is below the age of 18 years on the date of the application, the application must be made by the parent or guardian of the user; or |
| (ii) | spouse, next of kin, partner, associate, parent or guardian of the user is unwilling, incapable or is not available to make such application, the application may be made by a health care provider. |
| (b) | The applicants referred to in paragraph (a) must have seen the mental health care user within seven days before making the application. |
| (2) | Such application must be made in the prescribed manner, and must – |
| (a) | set out the relationship of the applicant to the mental health care user; |
| (b) | if the applicant is a health care provider, state – |
| (i) | the reasons why the application is made by him or her; and |
| (ii) | what steps were taken to locate the relatives of the user to determine their capability or availability to make the application; |
| (c) | set out grounds on which the applicant believes that care, treatment and rehabilitation are required; and |
| (d) | state the date, time and place where the user was last seen by the applicant within seven days before making the application. |
| (3) | An application referred to in subsection (1) may be withdrawn at any time. |
| (4) |
| (a) | On receipt of the application, the head of the health establishment concerned must cause the mental health care user to be examined by two mental health care practitioners. |
| (b) | Such mental health care practitioners must not be the person making the application and at least one of them must be qualified to conduct physical examinations. |
| (5) | On completion of the examination the mental health care practitioners must submit to the head of the health establishment their written findings on whether the – |
| (a) | circumstances referred to in section 32(b) and (c) are applicable; and |
| (b) | mental health care user must receive involuntary care, treatment and rehabilitation services. |
| (6) |
| (a) | If the findings of the two mental health care practitioners differ, the head of thehealth establishment concerned must cause the mental health care user to be examined by another mental health care practitioner. |
| (b) | That mental health care practitioner must, on completion of such examination submit a written report on the aspects referred to in subsection (5). |
| (7) | The head of the health establishment may only approve the application if the findings of two of the mental health care practitioners referred to in subsection (4) or (6) concur that conditions for involuntary care, treatment and rehabilitation exist. |
| (8) | The head of the health establishment must, in writing, inform the applicant and give reasons on whether to provide involuntary care, treatment and rehabilitation services. |
| (9) | If the head of the health establishment approves involuntary care, treatment and rehabilitation services, he or she must – |
| (a) | within 48 hours cause the mental health care user to be admitted to that health establishment; or |
| (b) | with the concurrence of the head of any other health establishment with the appropriate facilities, refer the user to that health establishment. |
