Title: THE MENTAL HEALTH CARE BILL Progress Problems and Ethical Issues Professor Tuviah Zabow President : South African Society of Psychiatrists
1 THE MENTAL HEALTH CARE BILL Progress
Problems and Ethical IssuesProfessor Tuviah
ZabowPresident South African Society of
Psychiatrists
2other significant affiliations
- Vice-President World Association of Medical
Law - Chairperson WPA Section on Psychiatry,
Law and Ethics - Convenor International Centre of Mental
Health Law - Nominated WHO Consultant to Lesothu Mental
Health Review Board
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14SECTION 33 INVOLUNTARY MENTAL HEALTH CARE
USER APPLICATION lt18 years - must be made by
parent or guardian spouse,next of kin, partner.
Associate, parent or guardian OR Health Care
Professional if above not available Must have
been seen in 7 days EXAMINATION AND REPORTS by
2 mental health care practitioners (one to
conduct clinical examination) Head of
Establishment if consents informs Applicant in
writing ADMISSION (within 48 hours) 72 hours
ASSESSMENT ------------------------ inpatient OR
outpatient report to Applicant in 24
hours REVIEW (MHRB) within 7 days Reports to
Head of Establishment within 30 days Copies to
Applicant and Head of Province Department Registr
ar of High Court -gt Judge JUDICIAL REVIEW within
30 days Appeals Periodical Reports to Head of
Establishment, MHRB and Head of Province after 6
months and then annuallly thereafter
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16INTERVENTIONS BY SOUTH AFRICAN POLICE SERVICE
- Urgent admissions for 24 hours
- abscondances - transfer in prescribed
manner - must comply with request
- estimated level of dangerousness
- may be held in custody
for such time as may be necessary - may use such constraining measures as may be
necessary and proportionate in the circumstances
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19RESTRICTION OF LIABILITY
- ? Limitation of professional liability
- ? act in good faith
- in present Act and earlier draft Bill
20PROVISIONS FOR CERTAIN GROUPS
- Mentally handicapped/ intellectually impaired
- alcohol/drugs/ chemical dependency
- children and adolescents
- old age
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