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National Health Act, 2003 (Act No. 61 of 2003)

Chapter 2 : Rights and Duties of Users and Health Care Personnel

8. Participation in decisions

 

(1) A user has the right to participate in any decision affecting his or her personal health and treatment.

 

(2)
(a) If the informed consent required by section 7 is given by a person other than the user, such person must, if possible, consult the user before giving the required consent.
(b) A user who is capable of understanding must be informed as contemplated in section 6 even if he or she lacks the legal capacity to give the informed consent required by section 7.

 

(3) If a user is unable to participate in a decision affecting his or her personal health and treatment, he or she must be informed as contemplated in section 6 after the provision of the health service in question unless the disclosure of such information would be contrary to the user's best interest.