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

Chapter III : Rights and Duties relating to Mental Health Care Users

13. Disclosure of information

Purchase cart Previous page Return to chapter overview Next page

 

(1)A person or health establishment may not disclose any information, which a mental health care user is entitled to keep confidential in terms of any other law.

 

(2)Despite subsection (1), the head of the national department, a head of provincial department or the head of a health establishment concerned may disclose such information if failure to do so would seriously prejudice the health of the mental health care user or of other people.

 

(3)A mental health care provider may temporarily deny mental health care users access to information contained in their health records, if disclosure of that information is likely to –
(a)seriously prejudice the user; or
(b)cause the user to conduct himself or herself in a manner that may seriously prejudice him or her or the health of other people .