National Health Act, 2003 (Act No. 61 of 2003)

Chapter 2 : Rights and Duties of Users and Health Care Personnel

8. Participation in decisions

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(1)A user has the right to participate in any decision affecting his or her personal health and treatment.

 

(2)
(a)If the informed consent required by section 7 is given by a person other than the user, such person must, if possible, consult the user before giving the required consent.
(b)A user who is capable of understanding must be informed as contemplated in section 6 even if he or she lacks the legal capacity to give the informed consent required by section 7.

 

(3)If a user is unable to participate in a decision affecting his or her personal health and treatment, he or she must be informed as contemplated in section 6 after the provision of the health service in question unless the disclosure of such information would be contrary to the user's best interest.