PRINTER'S NO. 961
No. 826 Session of 2003
INTRODUCED BY MAITLAND, MACKERETH, VANCE, TRUE, BAKER, BARRAR,
BROWNE, CAPPELLI, CAWLEY, CRAHALLA, DeLUCA, DeWEESE, EGOLF,
FAIRCHILD, FLEAGLE, GRUCELA, HARHAI, HORSEY, KELLER,
LAUGHLIN, LEDERER, LEH, MANN, McILHATTAN, McNAUGHTON,
R. MILLER, S. MILLER, PRESTON, ROEBUCK, SATHER, SAYLOR,
SCHRODER, SCRIMENTI, B. SMITH, SURRA, J. TAYLOR, THOMAS,
TIGUE, WATSON, WEBER AND E. Z. TAYLOR, MARCH 11, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 11, 2003
AN ACT
1 Amending the act of February 13, 1970 (P.L.19, No.10), entitled
2 "An act enabling certain minors to consent to medical, dental
3 and health services, declaring consent unnecessary under
4 certain circumstances," further providing for consent to
5 treatment.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of February 13, 1970 (P.L.19, No.10),
9 entitled "An act enabling certain minors to consent to medical,
10 dental and health services, declaring consent unnecessary under
11 certain circumstances," is amended by adding sections to read:
12 Section 1.1. Mental Health Treatment.--(a) The following
13 shall apply to consent for outpatient treatment:
14 (1) Any minor who is fourteen years of age or older may
15 consent on his or her own behalf to outpatient mental health
16 examination and treatment, and the minor's parent or legal
17 guardian's consent shall not be necessary.
1 (2) A parent or legal guardian of a minor less than eighteen
2 years of age may consent to voluntary outpatient mental health
3 examination or treatment on behalf of the minor, and the minor's
4 consent shall not be necessary.
5 (3) A minor may not abrogate consent provided by a parent or
6 legal guardian on the minor's behalf, nor may a parent or legal
7 guardian abrogate consent given by the minor on his or her own
8 behalf.
9 (b) The following shall apply to consent for inpatient
10 treatment:
11 (1) A minor's parent or legal guardian may consent to
12 voluntary inpatient treatment, pursuant to Article II of the act
13 of July 9, 1976 (P.L.817, No.143), known as the "Mental Health
14 Procedures Act," on behalf of a minor less than eighteen years
15 of age on the recommendation of a physician who has examined the
16 minor. The minor's consent shall not be necessary.
17 (2) Nothing in this section shall be construed as
18 restricting or altering a minor's existing rights, including,
19 but not limited to, those enumerated under the "Mental Health
20 Procedures Act" to consent to voluntary inpatient mental health
21 treatment on his or her own behalf at fourteen years of age or
22 older.
23 (3) Nothing in this section shall be construed as
24 restricting or altering a parent or legal guardian's existing
25 rights to object to a minor's voluntary treatment provided
26 pursuant to the minor's consent on his or her own behalf.
27 (4) A minor may not abrogate consent provided by a parent or
28 legal guardian on the minor's behalf, nor may a parent or legal
29 guardian abrogate consent given by the minor on his or her own
30 behalf.
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1 (5) At the time of admission, the director of the admitting
2 facility or his designee shall provide the minor with an
3 explanation of the nature of the mental health treatment in
4 which he may be involved together with a statement of his
5 rights, including the right to object to treatment by filing a
6 petition with the court. If the minor wishes to exercise this
7 right, the director of the facility or his designee shall
8 provide a form for the minor to provide notice of the request
9 for modification or withdrawal from treatment. The director of
10 the facility or his designee shall file the signed petition with
11 the court.
12 (6) Any minor fourteen years of age or older and under
13 eighteen years of age who has been confined for inpatient
14 treatment on the consent of a parent or legal guardian and who
15 objects to continued inpatient treatment may file a petition in
16 the court of common pleas requesting a withdrawal from or
17 modification of treatment. The court shall promptly appoint an
18 attorney for such minor person and schedule a hearing to be held
19 within seventy-two hours following the filing of the petition,
20 unless continued upon the request of the attorney for the minor,
21 by a judge or mental health review officer who shall determine
22 whether or not the voluntary mental health treatment is in the
23 best interest of the minor. For inpatient treatment to continue
24 against the minor's wishes, the court must find all of the
25 following by clear and convincing evidence:
26 (i) that the minor has a diagnosed mental disorder;
27 (ii) that the disorder is treatable;
28 (iii) that the disorder can be treated in the particular
29 facility where the treatment is taking place; and
30 (iv) that the treatment represents the least restrictive
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1 alternative that is medically appropriate.
2 (7) A minor ordered to undergo treatment due to a
3 determination under paragraph (6) shall remain under the
4 treatment designated by the court for a period of twenty days.
5 The minor shall be discharged whenever the director of the
6 facility determines that the minor no longer is in need of
7 treatment or at the end of the time period of the order,
8 whichever occurs first. Prior to the end of the time period of
9 the order, the court shall conduct a review hearing in
10 accordance with this subsection to determine whether to:
11 (i) release the minor; or
12 (ii) make a subsequent order for inpatient mental health
13 treatment for a period not to exceed sixty days subject to
14 discharge of the minor whenever the director of the facility
15 determines that the minor no longer is in need of treatment.
16 (8) The procedure for a sixty-day period of treatment under
17 paragraph (7)(ii) shall be repeated until the court determines
18 to release the minor or the minor is discharged in accordance
19 with paragraph (7).
20 (c) Definitions.--As used in this section, the following
21 words and phrases shall have the meanings given to them in this
22 subsection:
23 "Court of common pleas" means the court of common pleas in
24 the county where the subject of the proceeding is being treated.
25 "Facility" means any mental health establishment, hospital,
26 clinic, institution, center, day-care center, base service unit,
27 community mental health center, or part thereof, that provides
28 for the diagnosis, treatment, care or rehabilitation of mentally
29 ill persons.
30 "Inpatient treatment" means all mental health treatment that
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1 requires full-time or part-time residence in a facility that
2 provides mental health treatment.
3 "Mental health treatment" means a course of treatment,
4 including evaluation, diagnosis, therapy and rehabilitation,
5 designed and administered to alleviate an individual's pain and
6 distress and to maximize the probability of recovery from mental
7 illness. The term also includes care and other services which
8 supplement treatment and aid or promote recovery.
9 Section 1.2. Release of Medical Records.--The individual
10 consenting to treatment of the minor may consent to the release
11 of the minor's medical records.
12 Section 1.3. Court Reporting.--(a) Each court of common
13 pleas shall report annually to the Administrative Office of
14 Pennsylvania Courts the number of:
15 (1) Petitions filed under section 1.1(b)(5).
16 (2) Petitions resulting in minors ordered to undergo
17 treatment.
18 (3) Subsequent treatment period ordered per minor.
19 (b) The Administrative Office of Pennsylvania Courts shall
20 compile the figures reported under this section and report its
21 findings, within sixty days of the receipt of the last report,
22 to the Public Health and Welfare Committee of the Senate and the
23 Health and Human Services Committee of the House of
24 Representatives.
25 (c) This section shall expire March 1, 2005.
26 Section 2. This act shall take effect in 60 days.
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