63 Notification of reception, death, departure or discharge of intellectually handicapped
patients
(1) The superintendent of an institution or other place into which a person has been received as a patient in
terms of section sixty-one shall, before the end of the third day after the day on which he was so received—
(a) send the Secretary written notice of his reception, together with a copy of—
(i) the application on which the patient was received; and
(ii) the medical recommendation that accompanied the application; and
(iii) the report referred to in section sixty-two;
and
(b) send written notice of his reception to the magistrate for the province in which the patient was residing
immediately before his reception:
Provided that, if the patient has already been discharged in terms of section sixty-two, this section shall not apply.
(2) If a patient received into an institution or other place in terms of section sixty-one dies in, leaves or
disappears from that institution or place, the superintendent of the institution or place shall, before the end of the
second day after the day of its occurrence, inform the Secretary, in writing, of the patient’s death, departure or
disappearance.
(3) Where a patient who has been received into an institution or other place in terms of section sixty-one is
discharged in terms of section twenty-four or this Part from the institution or other place, the superintendent of the
institution or place shall inform the Secretary, in writing, of the discharge not later than ten days after discharging
the patient:
Provided that, if the discharge takes place before the Secretary has been notified in terms of subsection (1) of
the patient’s reception, the superintendent need not inform the Secretary of the discharge.
64 Visiting of intellectually handicapped patients
(1) Within one month after the reception of a patient in terms of section sixty-one into a hospital, nursinghome or place, other than an institution, he shall be visited by a medical practitioner who is —
(a) a member of the mental hospital board established for the hospital, nursing-home or place; or
(b) appointed for the purpose by the Secretary.
(2) If the medical practitioner making the visit in terms of subsection (1) is of the opinion that—
(a) the patient should be further detained, he shall sign a statement to that effect and leave it with the
superintendent of the hospital, nursing-home or place;
(b) the patient should not be further detained, he shall, before the end of the second day after the day of the
visit, send the Secretary a written report stating his opinion and the grounds on which it is based,
together with such other observations as he thinks fit.
65 Period of detention of intellectually handicapped patients
Subject to this Act, a patient received into an institution or other place in terms of section sixty-one may be
detained there for such period as the superintendent considers desirable in the circumstances.
66 Discharge of intellectually handicapped patients
(1) The Secretary may at any time order that a patient received into an institution or other place in terms of
section sixty-one should be discharged or that steps be taken to deal with him under Part II, and the superintendent
of the institution or other place in which the patient is being detained shall forthwith cause the patient to be
discharged or dealt with accordingly.
(2) The person who made the application in terms of section sixty-one for the admission of a patient may at
any time request the patient’s discharge, and the superintendent of the institution or other place in which the
patient is being detained shall, within one week of receiving the request, cause the patient to be discharged
accordingly:
Provided that the superintendent may apply in terms of section four for a reception order, in which case—
(a) the superintendent shall—
(i) submit with his application the application referred to in subsection (2) of section sixty-one; and
(ii) indicate in his application why he considers the patient should not be discharged and should be
the subject of a reception order; and
(b) Part II shall apply, mutatis mutandis, in relation to the application and, unless the magistrate refuses to
issue a reception order, the patient shall not be discharged in terms of this subsection.
(3) Subject to this Part, the provisions of this Act relating to the discharge of patients detained under Part II
shall apply, mutatis mutandis, to persons detained under this Part.
67 Right of intellectually handicapped patient to appeal to Mental Health Review Tribunal
(1) Subject to this section, an appeal shall lie to the Mental Health Review Tribunal against the continued
detention of a patient in terms of this Part.
(2) An appeal in terms of subsection (1) may be made—
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