Mental Health Care Act, 2002 (Act No. 17 of 2002)RegulationsRegulations for Licensing Community Mental Health Day Care and Residential Care Facilities for People with Mental Illness and or Severe or Profound Intellectual Disability, 2025 - effective 20 December 20266. Application procedure |
| (1) | An application for a licence to operate a day care facility or a residential care facility must be made by completing the application form similar to Annexure A, obtainable from the provincial department of health. |
| (2) | The application contemplated in subregulation (1) must be submitted to the HOD. |
| (3) | The completed application form must be accompanied by certified copies of the following: |
| (a) | registration documents for the entity; |
| (b) | a zoning or re-zoning certificate or special consent issued by the local municipality where applicable; |
| (c) | a certificate of occupation certifying that the building meets all building regulation requirements issued by the local authority in terms of the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977) and the national building regulations made thereunder; |
| (d) | a certificate of acceptability issued by Municipal Health Services where applicable; |
| (e) | a health certificate in relation to minimum health requirements issued by Municipal Health Services in terms of the National Environmental Health Norms and Standards for Premises and Acceptable Monitoring Standards for Environmental Health Practitioners contained in General Notice 1229 published in Government Gazette No. 39561 of 24 December of 2015; |
| (f) | a health care risk waste management agreement or arrangement in terms of the National Environmental Health Norms and Standards for Premises and Acceptable Monitoring Standards for Environmental Health Practitioners contained in General Notice 1229 published In Government Gazette No. 39561 of 24 December of 2015; |
| (g) | a certificate of compliance in terms of the electrical requirements; |
| (h) | a clearance certificate for water supply if it is not a municipal water supply; |
| (i) | a proposed activity or psychosocial rehabilitation programme; |
| (j) | a maintenance plan for the facility; |
| (k) | evidence-based protocols for care, treatment, and rehabilitation services; |
| (I) | dietary plan approved by dietician where the facility provides meals for the mental health care users; |
| (m) | standard operating procedures and policy for the management of risks of infectious diseases including the reporting of notifiable diseases; |
| (n) | a proposed staff establishment for the facility; |
| (o) | a business plan; |
| (p) | proof of ownership of property or lease agreement; |
| (q) | a fire clearance certificate; |
| (r) | a gas compliance certificate where applicable; |
| (s) | emergency and disaster plan; |
| (t) | approved building plan; and |
| (u) | tax clearance. |