Mental Health Care Act, 2002 (Act No. 17 of 2002)Chapter II : Fundamental Provisions6. Provision of mental health care, treatment and rehabilitation services at health establishments |
| (1) | Health establishments must— |
| (a) | provide any person requiring mental health care, treatment and rehabilitationservices with appropriate level of mental health care, treatment and rehabilitation services within its professional scope of practice; or |
| (b) | refer such person, according to established referral and admission routes, to a health establishment that provides the appropriate level of mental care , treatment and rehabilitation services. |
| (2) | A health establishment may not cause a mental health care user to receive psychiatric medication for more than six months unless authorised by a mental health care practitioner who is designated to provide medication and review psychiatric treatment. |
| (3) | The head of the national department must, with the concurrence of the heads of the relevant provincial departments in respect of health establishments designated in terms of section 5(1), determine the nature of the care, treatment and rehabilitation services to be provided at every establishment so designated . |
| (4) | A health establishment providing inpatient secondary level care and treatment may not admit a mental health care user for more than two months unless authorised by a mental health care practitioner in charge of that part of the health establishment . |
| (5) | Tertiary level mental health care, treatment and rehabilitation services may be provided at a tertiary health establishment or a psychiatric hospital designated in terms of section 5(1). |
| (6) | Psychiatric hospitals may admit, care for, treat and rehabilitate – |
| (a) | voluntary mental health care users in special programmes; |
| (d) | State patients; |
| (f) | persons referred by court for psychiatric observation in terms of the Criminal Procedure Act; and |
| (g) | persons admitted for a long period as part of their care, treatment and rehabilitation. |
| (7) | Care and rehabilitation centres may – |
| (a) | conduct assessments of intellectual abilities; and |
| (b) | provide care, treatment and rehabilitation services to persons with severe or profound intellectual disabilities, including assisted and involuntary mental health care users. |
| (8) | Persons providing care, treatment and rehabilitation services must provide such services in a manner that facilitates community care of mental health care users. |