| (1) | An application for a licence to operate a hospital must be made in accordance with the applicable general health legislation. |
| (2) | A hospital, which wishes to admit assisted or involuntary mental health care users, such hospital must in addition to a licence contemplated in subregulation (1), apply in writing to the national department for a licence to admit such users. |
| (3) | A written application for a licence contemplated in subregulation (2) must indicate that- |
| (a) | the mental health care practitioners who are involved in the procedures contemplated in sections 27 and 33 of the Act may be employees of the health establishments concerned, but may not have any other material or financial interest in that health establishment; |
[Regulation 42(3)(a) substituted by regulation 23(a) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (b) | the hospital has been inspected and audited by designated officials of the provincial department concerned and found to be suitable to accommodate assisted and/or involuntary mental health care users or assisted and voluntary mental health care users, as the case may be. |
| (4) | "Suitable to accommodate" in subregulation 3(b) includes– |
| (a) | a lockable ward in addition to an open ward; |
| (b) | suitable mental health care practitioners, including a psychiatrist, as well as other trained staff deemed necessary to carry out all necessary duties in accordance with the minimum norms and standards of the Department of Health; |
[Regulation 42(4) substituted by regulation 23(b) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (c) | procedures for ensuring the safety of assisted and involuntary mental health care users and other health users in that hospital; and |
| (d) | an approved activity or psychosocial rehabilitation ward programme. |
| (5) | The conditions of a licence contemplated in subregulation (2) must be clearly stipulated by the national department, and must include– |
| (a) | the number of people to be accommodated; |
| (b) | whether such service is to be used for children, adults or geriatrics; |
| (d) | duration of the licence; |
| (e) | that the licence is not transferable; and |
| (f) | that the renewal of a licence must be done by the province, based on an inspection. |
[Regulation 42(5) substituted by regulation 23(c) of Notice No. 1590, GG 40515, dated 23 December 2016]
| (6) | If a condition of a licence contemplated in subregulation (5) is not complied with, the provincial department may withdraw that licence and must inform the Head of the National Department of Health. |
[Regulation 42(6) substituted by regulation 23(c) of Notice No. 1590, GG 40515, dated 23 December 2016]
