Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 2 : Application for Mental Health Care and Assessment10. Application for involuntary mental health care and assessment |
| (1) | An application for involuntary mental health care by a person contemplated in section 33(1) of the Act must be made in the form of Form MHCA 04 of the Annexure. |
| (2) | Where an applicant is unable, for whatever reason, to complete in the written application, that applicant must be assisted by a staff member at the health establishment concerned. |
| (3) | The application form referred to in subregulation (1) must be available at all health establishments where there are at least two mental health care practitioners who are able to examine a person in accordance with section 33(4) of the Act. |
| (4) | An application form referred to in subregulation (1) must when it has been completed, be submitted to the head of a health establishment who must cause the mental health care user to be examined by at least two mental health care practitioners in accordance with Section 33(4) of the Act. |
[Regulation 10(4) substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]
| (5) | On completion of the examination referred to in subregulation (3), the mental health care practitioners must submit their findings in the form of Form MHCA 05 of the Annexure to the head of the health establishment concerned. |
| (6) | A health establishment that is unable to provide an examination contemplated in section 33(4) of the Act, must refer an applicant to a health establishment within the closest proximity which provides that examination. |
| (7) | The head of the health establishment concerned must give notice in terms of section 33(8) of the Act to the applicant in the form of Form MHCA 07 of the Annexure of his or her decision concerning the application for involuntary care, treatment and rehabilitation in question and reasons thereof. |