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Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

General Regulations

Chapter 5 : Surgical Procedures, Medical or Therapeutic Treatment

32. Psychosurgery

 

(1) No psychosurgery shall be performed on a mental health care user who is not capable of giving informed consent for such surgery.

 

(2) Before any psychosurgery is performed on a mental health care user, a medical report constructed and signed by at least two independent psychiatrists must state whether in their opinion, all mental health treatment previously applied has failed and psychosurgery is necessary.

 

(3) Psycho-surgery may only be performed by a registered neurosurgeon who has agreed to perform the operation.

 

(4) Psycho-surgery shall be approved by the provincial head of health after duly considering the reports referred to in subregulation (2).

[Regulation 32(4) substituted by regulation 16 of Notice No. 1590, GG 40515, dated 23 December 2016]