1. THE MENTAL HEALTH CARE BILL Progress Problems and Ethical Issues Professor Tuviah Zabow President : 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

14. 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

16. 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”

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

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