Mental Health Care Act, 2002 (Act No. 17 of 2002)

Regulations

General Regulations

Chapter 5 : Surgical Procedures, Medical or Therapeutic Treatment

32. Psychosurgery

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(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]