Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsGeneral RegulationsChapter 5 : Surgical Procedures, Medical or Therapeutic Treatment32. Psychosurgery |
(1) | No psychosurgery shall be performed on a mental health care user who is not capable of giving informed consent for such surgery. |
(2) | Before any psychosurgery is performed on a mental health care user, a medical report constructed and signed by at least two independent psychiatrists must state whether in their opinion, all mental health treatment previously applied has failed and psychosurgery is necessary. |
(3) | Psycho-surgery may only be performed by a registered neurosurgeon who has agreed to perform the operation. |
(4) | Psycho-surgery shall be approved by the provincial head of health after duly considering the reports referred to in subregulation (2). |
[Regulation 32(4) substituted by regulation 16 of Notice No. 1590, GG 40515, dated 23 December 2016]