SENATE AMENDED
PRIOR PRINTER'S NO. 1720 PRINTER'S NO. 4586
No. 1448 Session of 2001
INTRODUCED BY MAITLAND, BARD, BARRAR, BENNINGHOFF, BUNT,
CALTAGIRONE, CAPPELLI, CLARK, L. I. COHEN, EGOLF, FLEAGLE,
FRANKEL, GODSHALL, HORSEY, JAMES, KENNEY, KIRKLAND, LEDERER,
MACKERETH, MARSICO, MELIO, S. MILLER, MYERS, NAILOR, NICKOL,
ROEBUCK, ROSS, RUBLEY, SATHER, SCRIMENTI, SOLOBAY, STERN,
T. STEVENSON, STRITTMATTER, SURRA, E. Z. TAYLOR, J. TAYLOR,
THOMAS, TIGUE, VANCE, WATSON, C. WILLIAMS, WILT, DeLUCA,
J. EVANS, BROWNE, STEELMAN, PIPPY AND LaGROTTA,
APRIL 26, 2001
SENATOR MOWERY, PUBLIC HEALTH AND WELFARE, IN SENATE, AS
AMENDED, NOVEMBER 13, 2002
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 a section SECTIONS <--
12 to read:
13 Section 1.1. Mental Health Treatment.--(a) Outpatient <--
14 treatment shall include any of the following: THE FOLLOWING <--
15 SHALL APPLY TO CONSENT FOR OUTPATIENT TREATMENT:
1 (1) Any minor who is fourteen years of age or older may
2 consent on his or her own behalf to outpatient mental health
3 examination and treatment, and the MINOR'S parent or legal <--
4 guardian's consent shall not be necessary.
5 (2) A parent or legal guardian of a minor less than eighteen
6 years of age may consent to voluntary outpatient mental health
7 examination or treatment on behalf of the minor, and the minor's
8 consent shall not be necessary.
9 (3) A minor may not abrogate consent provided by a parent or
10 legal guardian on the minor's behalf, nor may a parent or legal
11 guardian abrogate consent given by the minor on his or her own
12 behalf.
13 (b) Inpatient treatment shall include any of the following: <--
14 (B) THE FOLLOWING SHALL APPLY TO CONSENT FOR INPATIENT <--
15 TREATMENT:
16 (1) A MINOR'S parent or legal guardian may consent to <--
17 voluntary inpatient treatment, pursuant to Article II of the act
18 of July 9, 1976 (P.L.817, No.143), known as the "Mental Health
19 Procedures Act," on behalf of a minor less than eighteen years
20 of age on the recommendation of a physician who has examined the
21 minor. The minor's consent shall not be necessary.
22 (2) Nothing in this section shall be construed as
23 restricting or altering a minor's existing rights to consent to, <--
24 INCLUDING, BUT NOT LIMITED TO, THOSE ENUMERATED UNDER THE ACT OF
25 JULY 9, 1976 (P.L.817, NO.143), KNOWN AS THE "MENTAL HEALTH
26 PROCEDURES ACT," TO CONSENT TO VOLUNTARY INPATIENT MENTAL HEALTH
27 treatment on his or her own behalf AT FOURTEEN YEARS OF AGE OR <--
28 OLDER.
29 (3) Nothing in this section shall be construed as
30 restricting or altering a parent or legal guardian's existing
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1 rights to object to a minor's voluntary treatment provided
2 pursuant to the minor's consent on his or her own behalf.
3 (4) A minor may not abrogate consent provided by a parent or
4 legal guardian on the minor's behalf, nor may a parent or legal
5 guardian abrogate consent given by the minor on his or her own
6 behalf.
7 (5) AT THE TIME OF ADMISSION, THE DIRECTOR OF THE ADMITTING <--
8 FACILITY OR HIS DESIGNEE SHALL PROVIDE THE MINOR WITH AN
9 EXPLANATION OF THE NATURE OF THE MENTAL HEALTH TREATMENT IN
10 WHICH HE MAY BE INVOLVED TOGETHER WITH A STATEMENT OF HIS
11 RIGHTS, INCLUDING THE RIGHT TO OBJECT TO TREATMENT BY FILING A
12 PETITION WITH THE COURT. IF THE MINOR WISHES TO EXERCISE THIS
13 RIGHT, THE DIRECTOR OF THE FACILITY OR HIS DESIGNEE SHALL
14 PROVIDE A FORM FOR THE MINOR TO PROVIDE NOTICE OF THE REQUEST
15 FOR MODIFICATION OR WITHDRAWAL FROM TREATMENT. THE DIRECTOR OF
16 THE FACILITY OR HIS DESIGNEE SHALL FILE THE SIGNED PETITION WITH
17 THE COURT.
18 (5) (6) Any minor fourteen years of age or older and UNDER <--
19 eighteen years of age or younger who has been confined for <--
20 inpatient treatment on the consent of a parent or legal guardian
21 and who objects to continued inpatient treatment, may file a
22 petition in the court of common pleas requesting a withdrawal
23 from or modification of treatment. The court shall promptly
24 appoint an attorney for such minor person and schedule a hearing
25 to be held within seventy-two hours FOLLOWING THE FILING OF THE <--
26 PETITION, unless continued upon the request of the attorney for
27 the minor, by a judge or mental health review officer who shall
28 determine whether or not the voluntary MENTAL HEALTH treatment <--
29 is in the best interest of the minor. For inpatient treatment to
30 continue against the minor's wishes, the court shall find the <--
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1 following: MUST FIND ALL OF THE FOLLOWING BY CLEAR AND <--
2 CONVINCING EVIDENCE:
3 (i) that the minor has a diagnosed mental disorder;
4 (ii) that the disorder is treatable;
5 (iii) that the disorder can be treated in the particular
6 facility where the treatment is taking place; and
7 (iv) that the treatment represents the least restrictive
8 alternative that is medically appropriate.
9 (7) A MINOR ORDERED TO UNDERGO TREATMENT DUE TO A <--
10 DETERMINATION UNDER PARAGRAPH (6) SHALL REMAIN UNDER THE
11 TREATMENT DESIGNATED BY THE COURT FOR A PERIOD OF TWENTY DAYS.
12 THE MINOR SHALL BE DISCHARGED WHENEVER THE DIRECTOR OF THE
13 FACILITY DETERMINES THAT THE MINOR NO LONGER IS IN NEED OF
14 TREATMENT OR AT THE END OF THE TIME PERIOD OF THE ORDER,
15 WHICHEVER OCCURS FIRST. PRIOR TO THE END OF THE TIME PERIOD OF
16 THE ORDER, THE COURT SHALL CONDUCT A REVIEW HEARING IN
17 ACCORDANCE WITH THIS SUBSECTION TO DETERMINE WHETHER TO:
18 (I) RELEASE THE MINOR; OR
19 (II) MAKE A SUBSEQUENT ORDER FOR INPATIENT MENTAL HEALTH
20 TREATMENT FOR A PERIOD NOT TO EXCEED SIXTY DAYS SUBJECT TO
21 DISCHARGE OF THE MINOR WHENEVER THE DIRECTOR OF THE FACILITY
22 DETERMINES THAT THE MINOR NO LONGER IS IN NEED OF TREATMENT.
23 (8) THE PROCEDURE FOR A SIXTY-DAY PERIOD OF TREATMENT UNDER
24 PARAGRAPH (7)(II) SHALL BE REPEATED UNTIL THE COURT DETERMINES
25 TO RELEASE THE MINOR OR THE MINOR IS DISCHARGED IN ACCORDANCE
26 WITH PARAGRAPH (7).
27 (c) Definitions.--As used in this section, the following
28 words and phrases shall have the meanings given to them in this
29 subsection:
30 "COURT OF COMMON PLEAS" MEANS THE COURT OF COMMON PLEAS IN <--
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1 THE COUNTY WHERE THE SUBJECT OF THE PROCEEDING IS BEING TREATED.
2 "Facility" means any mental health establishment, hospital,
3 clinic, institution, center, day-care center, base service unit,
4 community mental health center, or part thereof, that provides
5 for the diagnosis, treatment, care or rehabilitation of mentally
6 ill persons.
7 "Inpatient treatment" means all MENTAL HEALTH treatment that <--
8 requires full-time or part-time residence in a facility that
9 provides mental health treatment.
10 "Mental health treatment" means a course of treatment,
11 including evaluation, diagnosis, therapy and rehabilitation,
12 designed and administered to alleviate an individual's pain and
13 distress and to maximize the probability of recovery from mental
14 illness. The term also includes care and other services which
15 supplement treatment and aid or promote recovery.
16 SECTION 1.2. RELEASE OF MEDICAL RECORDS.--THE INDIVIDUAL <--
17 CONSENTING TO TREATMENT OF THE MINOR MAY CONSENT TO THE RELEASE
18 OF THE MINOR'S MEDICAL RECORDS.
19 SECTION 1.3. COURT REPORTING.--(A) EACH COURT OF COMMON
20 PLEAS SHALL REPORT ANNUALLY TO THE ADMINISTRATIVE OFFICE OF
21 PENNSYLVANIA COURTS THE NUMBER OF:
22 (1) PETITIONS FILED UNDER SECTION 1.1(5).
23 (2) PETITIONS RESULTING IN MINORS ORDERED TO UNDERGO
24 TREATMENT.
25 (3) SUBSEQUENT TREATMENT PERIOD ORDERED PER MINOR.
26 (B) THE ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS SHALL
27 COMPILE THE FIGURES REPORTED UNDER THIS SECTION AND REPORT ITS
28 FINDINGS, WITHIN SIXTY DAYS OF THE RECEIPT OF THE LAST REPORT,
29 TO THE PUBLIC HEALTH AND WELFARE COMMITTEE OF THE SENATE AND THE
30 HEALTH AND HUMAN SERVICES COMMITTEE OF THE HOUSE OF
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1 REPRESENTATIVES.
2 (C) THIS SECTION SHALL EXPIRE MARCH 1, 2005.
3 Section 2. This act shall take effect in 60 days.
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