H1233B3188A10381 DMS:NLG 10/15/18 #90 A10381
AMENDMENTS TO HOUSE BILL NO. 1233
Sponsor: SENATOR CORMAN
Printer's No. 3188
Amend Bill, page 1, line 7, by inserting after "for" where it
occurs the second time
treatment facilities and for
Amend Bill, page 1, line 9, by inserting after "COUNTIES"
and for assisted outpatient treatment implementation by
department
Amend Bill, page 1, line 11, by inserting after "subject,"
for involuntary emergency examination and treatment authorized
by physician,
Amend Bill, page 3, by inserting between lines 4 and 5
"County local authority." The county commissioners of a
county, or the city councils and the mayors of the first class
cities, or two or more of these acting in concert.
"Department." The Department of Human Services of the
Commonwealth.
Amend Bill, page 4, line 2, by striking out all of said line
and inserting
"Secretary." The Secretary of Human Services of the
Commonwealth.
Section 3. Sections 105 and 107 of the act are amended to
read:
Section 105. Treatment Facilities.--Involuntary treatment
and voluntary treatment funded in whole or in part by public
moneys shall be available at a facility approved for such
purposes by the county administrator (who shall be the County
Mental Health and Mental Retardation Administrator of a county
or counties, or his duly authorized delegate), or by the
[Department of Public Welfare, hereinafter cited as the
"department."] department. Approval of facilities shall be made
by the appropriate authority which can be the department
pursuant to regulations adopted by the department. Treatment may
be ordered at the Veterans Administration or other agency of the
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United States upon receipt of a certificate that the person is
eligible for such hospitalization or treatment and that there is
available space for his care. Mental health facilities operated
under the direct control of the Veterans Administration or other
Federal agency are exempt from obtaining State approval. The
department's standards for approval shall be at least as
stringent as those of the joint commission for accreditation of
hospitals and those of the Federal Government pursuant to Titles
18 and 19 of the Federal Social Security Act to the extent that
the type of facility is one in which those standards are
intended to apply. An exemption from the standards may be
granted by the department for a period not in excess of one year
and may be renewed. Notice of each exemption and the rationale
for allowing the exemption must be published pursuant to the act
of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth
Documents Law," and shall be prominently posted at the entrance
to the main office and in the reception areas of the facility.
Amend Bill, page 4, by inserting after line 30
(c) A treatment plan developed in accordance with this
section shall meet all of the requirements of this act.
Amend Bill, page 5, line 1, by striking out "(C)" and
inserting
(d)
Amend Bill, page 5, line 7, by striking out "A SECTION" and
inserting
sections
Amend Bill, page 5, line 14, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
Amend Bill, page 5, line 20, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
Amend Bill, page 5, line 22, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
Amend Bill, page 5, line 23, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
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Amend Bill, page 5, line 24, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
Amend Bill, page 5, line 28, by striking out "SECRETARY OF
HEALTH" and inserting
secretary
Amend Bill, page 6, by inserting between lines 1 and 2
Section 118. Assisted Outpatient Treatment Implementation by
Department.--(a) The department shall modify the standard
involuntary commitment petition forms and other relevant
educational documents used in conjunction with the involuntary
commitment process to describe, define and incorporate assisted
outpatient treatment.
(b) The department shall develop a separate involuntary
assisted outpatient treatment commitment petition form which
shall include:
(1) The eligibility criteria for assisted outpatient
treatment.
(2) After consultation with the Pennsylvania College of
Emergency Physicians, appropriate guidance and instructions to
the petitioner on use of hospital emergency departments in
conjunction with the petition process for involuntary inpatient
commitment or assisted outpatient treatment.
Amend Bill, page 6, line 13, by inserting after "himself,"
as defined in subsection (b),
Amend Bill, page 8, line 8, by striking out "Section" where
it occurs the second time and inserting
Sections 302(b) and
Amend Bill, page 8, line 8, by striking out "is" and
inserting
are
Amend Bill, page 8, by inserting between lines 9 and 10
Section 302. Involuntary Emergency Examination and Treatment
Authorized by a Physician - Not to Exceed One Hundred Twenty
Hours.--* * *
(b) Examination and Determination of Need for Emergency
Treatment.--A person taken to a facility shall be examined by a
physician within two hours of arrival in order to determine if
the person is severely mentally disabled within the meaning of
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section [301] 301(b) and in need of immediate treatment. If it
is determined that the person is severely mentally disabled and
in need of emergency treatment, treatment shall be begun
immediately. If the physician does not so find, or if at any
time it appears there is no longer a need for immediate
treatment, the person shall be discharged and returned to such
place as he may reasonably direct. The physician shall make a
record of the examination and his findings. In no event shall a
person be accepted for involuntary emergency treatment if a
previous application was granted for such treatment and the new
application is not based on behavior occurring after the earlier
application.
* * *
Amend Bill, page 10, line 21, by striking out "physician" and
inserting
psychiatrist or licensed clinical psychologist
Amend Bill, page 11, lines 18 and 19, by striking out "state
the name of any examining physician and shall "
Amend Bill, page 11, line 20, by inserting after "clinical"
licensed
Amend Bill, page 11, line 21, by striking out "and a
statement signed by a physician"
Amend Bill, page 11, line 21, by striking out "person" and
inserting
clinician
Amend Bill, page 11, line 22, by striking out "petition" and
inserting
statement
Amend Bill, page 11, line 26, by inserting after "clinical"
licensed
Amend Bill, page 11, line 27, by striking out "and physician"
Amend Bill, page 14, line 16, by inserting after "following"
additional requirements
Amend Bill, page 18, by inserting between lines 17 and 18
(8) A copy of the person's individualized treatment plan and
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related documents shall be made available to the court for
purposes of proceedings under clause (5) or (7).
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