Mental Health Care Act, 2002 (Act No. 17 of 2002) Regulations General Regulations 1. Definitions

 

In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear the meaning so assigned and unless the context otherwise indicates—

 

"custodian"

means a person who undertakes and is entrusted with the responsibility of ensuring that the conditions prescribed in terms of sections 34(5)(a) and 45 of the Act are adhered to by the user or state patient;

[Definition substituted by regulation 2(1)(a) of Notice No. 1590 of 2016]

 

"Health care provider"

has the meaning assigned to it by the National Health Act, 2003 (Act No. 61 of 2003);

[Definition inserted by Notice No. R. 874, GG 38182, dated 6 November 2014]

 

"health establishment"

has the meaning assigned to it in section 1 of the National Health Act, 2003 (Act No. 61 of 2003);

[Definition substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]

 

"maximum security facility"

means a ward or unit within a psychiatric hospital, designated by or such the head of that psychiatric hospital;

 

"mechanical restraint"

means the use of any instrument or appliance whereby the movements of the body or any of the limbs of a user are restrained or impeded;

[Definition inserted by regulation 2(1)(b) of Notice No. 1590, GG 40515, dated 23 December 2016]

 

"non-governmental organizations"

means non-profit, voluntary citizens' groups which are task-orientated and driven by people with common interests and who perform a variety of services and humanitarian functions;

[Definition inserted by regulation 2(1)(b) of Notice No. 1590, GG 40515, dated 23 December 2016]

 

"organ of state"

has the meaning as assigned to "organ of state"  in Section 239 of the Constitution;

[Definition inserted by section 2(1)(b) of Notice No. 1590, GG 40515, dated 23 December 2016]

 

"physical means of restraint"

means temporarily physically restraining the movement of the body by one or more persons in order to prevent that the person so restrained harm himself or herself or others;

 

"primary health care facility"

means a health establishment which provides primary health care;

 

"private hospital"

has the meaning assigned to it in Section 1 of the National Health Act, 2003 (Act No. 61 of 2003);

[Definition substituted by Notice No. R. 874, GG 38182, dated 6 November 2014]

 

"seclusion"

means the isolation of a user in a space where his or her freedom of movement is restricted;

 

"the Act"

means the Mental Heath Care Act, 2002 (Act No. 17 of 2002).

 

"volunteer organizations"

means a group of individuals who enter into an agreement as volunteers to form an organization to accomplish a purpose.

[Definition inserted by regulation 2(1)(b) of Notice No. 1590, GG 40515, dated 23 December 2016]