Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter V : Voluntary, assisted and involuntary Mental Health Care37. Periodic review and annual reports on involuntary mental health care users |
| (1) | Six months after the commencement of care, treatment and rehabilitation services, and every 12 months thereafter, the head of the health establishment concerned must cause the mental health status of an involuntary mental health care user to be reviewed. |
| (2) | Such review must— |
| (a) | state the capacity of the mental health care user to express himself or herself on the need for care, treatment and rehabilitation services; |
| (b) | state whether the mental health care user is likely to inflict serious harm on himself or herself or other people; |
| (c) | state whether there is other care, treatment and rehabilitation services that are less restrictive or intrusive on the right of the mental health care user to movement, privacy and dignity; and |
| (d) | make recommendations regarding a plan for further care, treatment or rehabilitation service. |
| (3) | The head of the health establishment must submit a summary report of the review to the Review Board. |
| (4) | Within 30 days after receipt of the report, the Review Board must – |
| (a) | consider the report including obtaining information from any relevant person ; and |
| (b) | send a written notice of its decision to the mental health care user, applicant, head of the health establishment concerned and head of the provincial department stating the reasons for the decision. |
| (5) |
| (a) | If the Review Board decides that the involuntary mental health care user be discharged – |
| (i) | all care, treatment and rehabilitation services administered to the user must be stopped according to accepted clinical practices; and’ |
| (ii) | the user, if admitted, must be discharged by the health establishment concerned, unless the user consents to the care, treatment and rehabilitation services. |
| (b) | The head of the health establishment must comply with the decision of the Review Board. |
| (6) | The Registrar of the High Court must be notified in writing of a discharge made in terms of this section. |