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

Notices

Policy Guidelines for the Licensing of Residential and/or Day Care Facilities for Persons with Mental Illness and/or Severe or Profound Intellectual Disability

15. Rights of Mental Health Care Users

 

15.1 The rights to equality, non -discrimination, dignity, respect, privacy, autonomy, information and participation should be upheld in the provision of mental health care, treatment and rehabilitation.

 

15.2 The rights to education, health care services, sufficient food, water and social security should be upheld.

 

15.3 The proprietor and manager of a residential or day care facility in question, and any health care practitioner and service provider rendering services at any such facility or service, must obtain informed consent for admission and treatment from a voluntary mental health care user.

 

15.4 The proprietor, manager, health care practitioner and service provider must ensure that a mental health care user incapable of making an informed decision (assisted or involuntary mental health care user) is only admitted for care, treatment and rehabilitation as approved by the responsible Mental Health Review Board in terms of sections 27 and 33 of the Act.

 

15.5 The proprietor, manager, health care practitioner and service provider must ensure that all the rights of a mental health care user under the Act are respected and upheld in accordance with the requirements of the Act.

 

15.6 The proprietor and manager of the relevant residential facility or day care facility must ensure that mental health care users at the facility and their families are provided with adequate information—
(a) about the health care services available at that facility; and
(b) about accessing the services in accordance with the Norms and Standards Regulations Applicable to Different Categories of Health Establishments.

 

15.7 The proprietor and manager must ensure that the mental health care users concerned—
(a) are attended to in a manner which is consistent with the nature and severity of their health condition as prescribed in the Norms and Standard Regulations Applicable to Different Categories of Health Establishments; and
(b) have appropriate access to medical and other health care services.