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

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

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

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”

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

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