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  1. THE MENTAL HEALTH CARE BILLProgress Problems and Ethical IssuesProfessor Tuviah ZabowPresident : South African Society of Psychiatrists

  2. 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

  3. SECTION 33 : INVOLUNTARY MENTAL HEALTH CARE USER APPLICATION <18 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 Registrar of High Court -> 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

  4. 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”

  5. RESTRICTION OF LIABILITY • ? Limitation of professional liability • ? “act in good faith” • in present Act and earlier draft Bill

  6. PROVISIONS FOR CERTAIN GROUPS • Mentally handicapped/ intellectually impaired • alcohol/drugs/ chemical dependency • children and adolescents • old age