THE%20MENTAL%20HEALTH%20CARE%20BILL%20Progress%20Problems%20and%20Ethical%20Issues%20%20%20Professor%20Tuviah%20Zabow%20President%20:%20South%20African%20Society%20of%20Psychiatrists

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THE MENTAL HEALTH CARE BILL Progress
Problems and Ethical IssuesProfessor Tuviah
ZabowPresident South African Society of
Psychiatrists
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other 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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SECTION 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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INTERVENTIONS 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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RESTRICTION OF LIABILITY

• ? Limitation of professional liability
• ? act in good faith
• in present Act and earlier draft Bill

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PROVISIONS FOR CERTAIN GROUPS

• Mentally handicapped/ intellectually impaired
• alcohol/drugs/ chemical dependency
• children and adolescents
• old age

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