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

Regulations

Purchase

(1)	Seclusion of a mental health care user may—

(a)	only be used to contain severely disturbed behaviour, which is likely to cause

(b)	not be used as a punishment.

[Regulation 37(1) substituted by regulation 20(a) of Notice No. 1590, GG 40515, dated 23 December 2016]

(2)	While a mental health care user is secluded, he or she must be subject to observations prescribed by the psychiatrist or medical practitioner and that observation should be recorded in the clinical notes.

[Regulation 37(2) substituted by regulation 20(a) of Notice No. 1590, GG 40515, dated 23 December 2016]

(3)	Whenever seclusion is utilised –

(a)	a register, signed by a registered medical practitioner, must be completed;

(b)	the time period that the mental health care user concerned needed to be secluded and the reason for secluding that mental health care user must be outlined and the seclusion must be recorded in the relevant register by the medical practitioner; and

[Regulation 37(3)(b) substituted by regulation 20(a) of Notice No. 1590, GG 40515, dated 23 December 2016]

(c)	the head of the health establishment concerned must on a daily basis receive a report indicating all incidents of seclusion.

(4)	A transcript of the register referred to in subregulation (2) must be submitted by the health establishment concerned to the Review Board on a quarterly basis in the form of Form MHCA 48 of the Annexure.