PRIOR PRINTER'S NO. 1466 PRINTER'S NO. 1752
No. 1276 Session of 1999
INTRODUCED BY McGILL, CLARK, HENNESSEY, THOMAS, CORRIGAN,
SAYLOR, GEIST, KAISER, M. COHEN, FICHTER, L. I. COHEN,
LEDERER, BUNT, WILLIAMS, TRELLO, DeLUCA, CORNELL, BELFANTI,
HARHAI, BENNINGHOFF, CIVERA, BROWNE, STEELMAN, BUTKOVITZ,
E. Z. TAYLOR, J. TAYLOR, FREEMAN, GLADECK AND COLAFELLA,
APRIL 14, 1999
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 6, 1999
AN ACT
1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2 act relating to mental health procedures; providing for the
3 treatment and rights of mentally disabled persons, for
4 voluntary and involuntary examination and treatment and for
5 determinations affecting those charged with crime or under
6 sentence," further providing for involuntary examinations. <--
7 IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY, FOR INVOLUNTARY <--
8 EXAMINATIONS AND FOR INVOLUNTARY EMERGENCY EXAMINATIONS AND
9 TREATMENT AUTHORIZED BY A PHYSICIAN NOT TO EXCEED 120 HOURS.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 114(a) of the act of July 9, 1976
13 (P.L.817, No.143), known as the Mental Health Procedures Act,
14 amended November 26, 1978 (P.L.1362, No.324), is amended to
15 read:
16 Section 114. Immunity from Civil and Criminal Liability.--
17 (a) In the absence of willful misconduct or gross negligence, a
18 county administrator, a director of a facility, a physician, a
19 peace officer, the principal or chief administrator of a public
1 or charter school building, or any other authorized person who
2 participates in a decision that a person be examined or treated
3 under this act, or that a person be discharged, or placed under
4 partial hospitalization, outpatient care or leave of absence, or
5 that the restraint upon such person be otherwise reduced, or a
6 county administrator or other authorized person who denies an
7 application for voluntary treatment or for involuntary emergency
8 examination and treatment, shall not be civilly or criminally
9 liable for such decision or for any of its consequences.
10 * * *
11 Section 2. Section 301 of the act is amended by adding a
12 subsection to read:
13 Section 301. Persons Who May be Subject to Involuntary
14 Emergency Examination and Treatment.--* * *
15 (c) School-related Threats or Acts of Violence.--(1) A
16 pupil less than 18 years of age who attends a public or charter
17 school within this Commonwealth and who has threatened to carry
18 out acts of violence, or who has carried out such threats or
19 performed acts of violence against other pupils, teachers,
20 administrators, school staff, the board of school directors,
21 school facilities or employees of businesses which have
22 contracts with a school district and necessarily come into
23 contact with pupils shall, following a hearing on the evidence <--
24 against the offending pupil, undergo not less than a 72-hour
25 period of continuous observation and a psychological evaluation
26 upon issuance of an involuntary commitment order by a court of
27 competent jurisdiction. The order may be initiated by the
28 petition of the principal or chief administrator of the public
29 or charter school building requesting the hearing.
30 (2) At the conclusion of the 72-hour period of observation
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1 and receipt of the psychological evaluation, the court may order
2 additional observation or testing to determine the mental
3 stability of the pupil and the appropriate treatment, if any.
4 When making its decision, the court may consider the pupil's
5 previous history of making threats or committing acts of
6 violence. CONTACT WITH PUPILS SHALL BE SUBJECT TO AN INVOLUNTARY <--
7 EMERGENCY EXAMINATION AND TREATMENT AS SET FORTH IN SECTION 302.
8 SECTION 3. SECTION 302(A) OF THE ACT IS AMENDED TO READ:
9 SECTION 302. INVOLUNTARY EMERGENCY EXAMINATION AND TREATMENT
10 AUTHORIZED BY A PHYSICIAN - NOT TO EXCEED ONE HUNDRED TWENTY
11 HOURS.--(A) APPLICATION FOR EXAMINATION.--EMERGENCY EXAMINATION
12 MAY BE UNDERTAKEN AT A TREATMENT FACILITY UPON THE CERTIFICATION
13 OF A PHYSICIAN STATING THE NEED FOR SUCH EXAMINATION; OR UPON A
14 WARRANT ISSUED BY THE COUNTY ADMINISTRATOR AUTHORIZING SUCH
15 EXAMINATION; OR WITHOUT A WARRANT UPON APPLICATION BY A
16 PHYSICIAN OR OTHER AUTHORIZED PERSON WHO HAS PERSONALLY OBSERVED
17 CONDUCT SHOWING THE NEED FOR SUCH EXAMINATION.
18 (1) WARRANT FOR EMERGENCY EXAMINATION.--UPON WRITTEN
19 APPLICATION BY A PHYSICIAN OR OTHER RESPONSIBLE PARTY SETTING
20 FORTH FACTS CONSTITUTING REASONABLE GROUNDS TO BELIEVE A PERSON
21 IS SEVERELY MENTALLY DISABLED AND IN NEED OF IMMEDIATE
22 TREATMENT, THE COUNTY ADMINISTRATOR MAY ISSUE A WARRANT
23 REQUIRING A PERSON AUTHORIZED BY HIM, OR ANY PEACE OFFICER, TO
24 TAKE SUCH PERSON TO THE FACILITY SPECIFIED IN THE WARRANT.
25 (2) EMERGENCY EXAMINATION WITHOUT A WARRANT.--
26 (I) UPON PERSONAL OBSERVATION OF THE CONDUCT OF A PERSON
27 CONSTITUTING REASONABLE GROUNDS TO BELIEVE THAT HE IS SEVERELY
28 MENTALLY DISABLED AND IN NEED OF IMMEDIATE TREATMENT, ANY
29 PHYSICIAN [OR], PEACE OFFICER[,] PRINCIPAL OR CHIEF
30 ADMINISTRATOR OF A PUBLIC OR CHARTER SCHOOL BUILDING OR ANYONE
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1 AUTHORIZED BY THE COUNTY ADMINISTRATOR MAY TAKE SUCH PERSON TO
2 AN APPROVED FACILITY FOR AN EMERGENCY EXAMINATION. UPON ARRIVAL,
3 HE SHALL MAKE A WRITTEN STATEMENT SETTING FORTH THE GROUNDS FOR
4 BELIEVING THE PERSON TO BE IN NEED OF SUCH EXAMINATION.
5 (II) ANY SCHOOL PRINCIPAL OR ADMINISTRATOR PETITIONING FOR
6 AN INVOLUNTARY EXAMINATION AND TREATMENT UNDER THIS SECTION
7 SHALL, WHENEVER POSSIBLE, CONSULT WITH THE PARENTS OR LEGAL
8 GUARDIANS PRIOR TO INITIATING THE PROCESS. WHEN NOT POSSIBLE,
9 THE SCHOOL SHALL ATTEMPT TO NOTIFY PARENTS ABOUT THE ACTIONS
10 TAKEN. THE SCHOOL SHALL DOCUMENT ITS EFFORTS TO CONTACT PARENTS
11 OR LEGAL GUARDIANS, WHETHER THE EFFORTS ARE SUCCESSFUL, AND ANY
12 OBJECTIONS RAISED BY THE PARENTS OR LEGAL GUARDIANS.
13 (III) A PETITION FOR INVOLUNTARY EMERGENCY EXAMINATION AND
14 TREATMENT SIGNED BY A SCHOOL PRINCIPAL OR CHIEF ADMINISTRATOR
15 UNDER THIS SECTION MAY NOT BE USED AS A FORM OF DISCIPLINE, BUT
16 MAY BE USED ONLY TO OBTAIN CARE FOR THE AFFECTED STUDENT.
17 * * *
18 Section 3 4. This act shall take effect immediately. <--
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