PRINTER'S NO. 5
No. 5 Session of 1989
INTRODUCED BY LOEPER, JUBELIRER, PETERSON, LINCOLN, BRIGHTBILL,
WENGER, SALVATORE, LEMMOND, MADIGAN, SHAFFER, SHUMAKER,
AFFLERBACH, CORMAN, HOPPER, STEWART, REIBMAN, LYNCH, PECORA
AND RHOADES, JANUARY 20, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 20, 1989
AN ACT
1 Amending Title 50 (Mental Health) of the Pennsylvania
2 Consolidated Statutes, adding provisions relating to mental
3 health and mental retardation services and procedures; and
4 making repeals.
5 TABLE OF CONTENTS
6 TITLE 50
7 MENTAL HEALTH
8 PART I. GENERAL PROVISIONS
9 Chapter 1. Preliminary Provisions
10 Subchapter A. General
11 § 101. Short title of title.
12 § 102. Definitions.
13 § 103. Applicability of title to Mental Health and Mental
14 Retardation Act of 1966.
15 Subchapter B. Records and Immunities
16 § 111. Records.
17 § 112. Confidentiality of records.
18 § 113. Immunities.
1 Subchapter C. Financial Obligations
2 § 121. Liability of mentally disabled person.
3 § 122. Liability of persons owing legal duty to support.
4 § 123. Contingent liability of State and local government.
5 § 124. Powers of department to determine liability and
6 establish criteria.
7 § 125. Liability of county.
8 § 126. Collection of costs.
9 § 127. Liability of Commonwealth.
10 § 128. Relief of county from obligation to ensure service.
11 § 129. State and local grants and payments.
12 § 130. Failure of county program to comply with minimum
13 standards.
14 Chapter 3. Department of Public Welfare
15 Subchapter A. General Provisions
16 § 301. General powers and duties of department.
17 § 302. Commissioner of Mental Health.
18 § 303. Bureau of Admissions Services.
19 § 304. Qualifications of directors of State facilities.
20 § 305. Forms to be used under this title.
21 Subchapter B. Departmental Boards and Committees
22 § 311. Boards of trustees of State institutions.
23 § 312. Advisory Committee for Mental Health and Mental
24 Retardation.
25 § 313. Conjoint board.
26 Chapter 5. County Boards of Mental Health and Mental
27 Retardation
28 § 501. General powers and duties of local authorities.
29 § 502. County mental health and mental retardation board.
30 § 503. Duties of board.
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1 § 504. Appointment of county mental health and mental
2 retardation administrator.
3 § 505. Duties of administrator.
4 Chapter 7. Research and Training
5 Subchapter A. Eastern Pennsylvania Psychiatric Institute
6 § 701. Purpose.
7 § 702. Contracts with medical schools.
8 § 703. Leases.
9 Subchapter B. Western State Psychiatric Institute and
10 Clinic
11 § 711. Purpose.
12 § 712. Management.
13 § 713. Medical advisory board.
14 § 714. Leases.
15 PART II. MENTAL HEALTH
16 Chapter 9. General Provisions
17 Subchapter A. Preliminary Provisions
18 § 901. Short title of part.
19 § 902. Statement of policy.
20 § 903. Scope of part.
21 Subchapter B. General Treatment Provisions
22 § 911. Provision for treatment.
23 § 912. Treatment facilities.
24 § 913. Formulation and review of treatment plan.
25 § 914. Periodic reexamination, review and redisposition.
26 § 915. Rights and remedies of persons in treatment.
27 § 916. Continuity of care.
28 § 917. Medical necessity of treatment.
29 Subchapter C. Judicial Matters
30 § 921. Mental health review officers.
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1 § 922. Documents.
2 § 923. Jurisdiction of legal proceedings.
3 Chapter 11. Voluntary Examination and Treatment
4 § 1101. Persons who may authorize voluntary treatment.
5 § 1102. Application.
6 § 1103. Explanation and consent.
7 § 1104. Notice to parents.
8 § 1105. Physical examination and treatment plan.
9 § 1106. Withdrawal from voluntary inpatient treatment.
10 § 1107. Release of persons 13 years of age or younger.
11 § 1108. Transfer of person in voluntary treatment.
12 Chapter 13. Involuntary Examination and Treatment
13 § 1301. Persons who may be subject to involuntary emergency
14 examination and treatment.
15 § 1302. Involuntary emergency examination and treatment not
16 to exceed five business days.
17 § 1303. Extended involuntary emergency treatment not to
18 exceed 20 days.
19 § 1304. Court-ordered involuntary treatment not to exceed
20 90 days.
21 § 1305. Additional periods of court-ordered involuntary
22 treatment.
23 § 1306. Transfer of persons in involuntary treatment.
24 § 1307. Court-ordered involuntary outpatient treatment
25 procedures.
26 Chapter 15. Determinations Affecting Those Charged with Crime
27 or Under Sentence
28 § 1501. Examination and treatment.
29 § 1502. Incompetence to proceed on criminal charges.
30 § 1503. Hearing and determination of incompetency to proceed.
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1 § 1504. Hearing and determination of criminal responsibility.
2 § 1505. Examination of person charged with crime as aid in
3 sentencing.
4 § 1506. Civil procedure for court-ordered involuntary
5 treatment.
6 § 1507. Voluntary treatment.
7 PART III. MENTAL RETARDATION
8 (RESERVED)
9 PART IV. SPECIAL PROVISIONS RELATING
10 TO PATIENTS
11 Chapter 23. General Provisions
12 § 2301. Powers and duties of director of facility.
13 § 2302. Transportation.
14 § 2303. Mechanical restraints.
15 § 2304. Patient rights.
16 § 2305. Escapes.
17 § 2306. Penalties.
18 § 2307. Funds of patients.
19 PART V. INTERSTATE RELATIONS
20 Chapter 25. Interstate Compact on Mental Health
21 § 2501. Compact provisions.
22 § 2502. Compact administrator.
23 § 2503. Supplementary agreements.
24 § 2504. Financial obligations.
25 § 2505. Consultation with families of transferees.
26 § 2506. Limitation of compact applicability.
27 § 2507. Commitment or transfers to facilities of Federal
28 Government or another state.
29 Chapter 27. Reciprocal Agreements with Other States
30 § 2701. Agreements authorized.
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1 § 2702. Deportations.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Title 50 of the Pennsylvania Consolidated
5 Statutes is amended by adding parts to read:
6 TITLE 50
7 MENTAL HEALTH
8 Part
9 I. General Provisions
10 II. Mental Health
11 III. Mental Retardation (Reserved)
12 IV. Special Provisions Relating to Patients
13 V. Interstate Relations
14 PART I
15 GENERAL PROVISIONS
16 Chapter
17 1. Preliminary Provisions
18 3. Department of Public Welfare
19 5. County Boards of Mental Health and Mental Retardation
20 7. Research and Training
21 CHAPTER 1
22 PRELIMINARY PROVISIONS
23 Subchapter
24 A. General
25 B. Records and Immunities
26 C. Financial Obligations
27 SUBCHAPTER A
28 GENERAL
29 Sec.
30 101. Short title of title.
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1 102. Definitions.
2 103. Applicability of title to Mental Health and Mental
3 Retardation Act of 1966.
4 § 101. Short title of title.
5 This title shall be known and may be cited as the Mental
6 Health and Mental Retardation Code.
7 § 102. Definitions.
8 Subject to additional definitions contained in subsequent
9 provisions of this title which are applicable to specific
10 provisions of this title, the following words and phrases when
11 used in this title shall have the meanings given to them in this
12 section unless the context clearly indicates otherwise:
13 "Administrator." The person appointed to carry out the
14 duties specified in section 505 (relating to duties of
15 administrator).
16 "Attorney for the Commonwealth." A district attorney, the
17 Attorney General or any attorney representing the interests of
18 the Commonwealth.
19 "Benefit period." With respect to any individual, a period
20 of consecutive days beginning with the first day not included in
21 a previous benefit period on which he is furnished inpatient
22 hospital care, and ending with the last day of the first 60-day
23 period thereafter during each day of which he is not an
24 inpatient in a hospital.
25 "County." Includes a first class city.
26 "County program." A mental health and mental retardation
27 program established by a county or two or more counties acting
28 in concert and includes a complex of services providing a
29 continuum of care in the community for the mentally disabled.
30 "Department." The Department of Public Welfare of the
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1 Commonwealth.
2 "Designated facility." A State-operated facility or other
3 facility designated by the department or the administrator for
4 certain purposes or as a place of reception.
5 "Director." The administrative head of a facility and
6 includes superintendents.
7 "Facility." Any mental health establishment, hospital,
8 clinic, institution, center, day-care center, base service unit,
9 community mental health center or other organizational unit, or
10 part thereof, which is devoted primarily to the diagnosis,
11 treatment, care, rehabilitation or detention of mentally
12 disabled persons, whether as outpatients or inpatients.
13 "Issuing authority." A district justice or judge of the
14 minor judiciary, except judges of the Traffic Court of
15 Philadelphia.
16 "Local authorities." The county commissioners of a county,
17 or the city council and the mayor of a first class city, or two
18 or more of these acting in concert.
19 "Mental disability." Any mental illness or mental
20 retardation which so lessens the capacity of a person to use
21 customary self-control, judgment and discretion in the conduct
22 of the person's affairs and social relations as to make it
23 necessary or advisable for the person to receive services as
24 provided in this title.
25 "Mental hospital." A residential facility for the diagnosis,
26 care and treatment of the mentally disabled other than the
27 mentally retarded.
28 "Mental retardation." Subaverage general intellectual
29 functioning which originates during the developmental period and
30 is associated with impairment of one or more of the following:
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1 (1) Maturation.
2 (2) Learning.
3 (3) Social adjustment.
4 "Psychiatrist." A physician who by years of study, training
5 and experience has achieved professional recognition and
6 standing in the field of psychiatry.
7 "Secretary." The Secretary of Public Welfare of the
8 Commonwealth.
9 "Social worker." A person who by years of study, training
10 and experience has achieved professional recognition and
11 standing in the field of social work.
12 § 103. Applicability of title to Mental Health and Mental
13 Retardation Act of 1966.
14 Until the provisions of the act of October 20, 1966 (3rd Sp.
15 Sess., P.L.96, No.6), known as the Mental Health and Mental
16 Retardation Act of 1966, not repealed by this act, are codified
17 as part of this title, the provisions contained in this title
18 shall be read in pari materia with the provisions of the Mental
19 Health and Mental Retardation Act of 1966 to the extent that
20 they relate to mental retardation or to persons who are mentally
21 retarded; the word "title" when used in this title shall include
22 those provisions of the Mental Health and Mental Retardation Act
23 of 1966.
24 SUBCHAPTER B
25 RECORDS AND IMMUNITIES
26 Sec.
27 111. Records.
28 112. Confidentiality of records.
29 113. Immunities.
30 § 111. Records.
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1 (a) General rule.--Whenever a person receives services or
2 benefits at a facility under any provision of this title, a
3 complete record pertaining to the person shall be maintained by
4 the facility. The record shall include, if available, but need
5 not be limited to, applications, petitions, affidavits, orders
6 of court, reports of physicians, psychiatrists, psychologists,
7 nurses or social workers, police records, financial records, and
8 all clinical records or a full abstract thereof containing all
9 essential particulars, including results of physical
10 examinations, examinations for mental disability, laboratory
11 tests and any other material with reference to the person.
12 (b) Transfers.--Whenever a person is transferred to any
13 other facility pursuant to any provision of this title, a copy
14 of all pertinent records pertaining to that person shall
15 accompany the person.
16 (c) Provision of records to facilities providing services
17 subsequent to discharge.--Whenever a person who has previously
18 received services or benefits at a facility is later given
19 services or benefits at another facility, the first facility
20 shall, upon request from the subsequent facility, furnish a copy
21 of all pertinent records pertaining to that person.
22 § 112. Confidentiality of records.
23 (a) General rule.--Any record, or portion thereof,
24 maintained under section 111 (relating to records) shall be open
25 to inspection and examination only to those persons designated
26 by the director of a facility at which the person is receiving
27 services or benefits, and as to those facilities under the
28 control of the Commonwealth or local authorities to those other
29 persons as the department by regulation may determine.
30 (b) Exceptions relating to mentally ill persons.--All
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1 records concerning mentally ill persons in treatment shall be
2 kept confidential and, without the person's written consent, may
3 not be released or their contents disclosed to anyone except:
4 (1) Those engaged in providing treatment for the person
5 as provided in subsection (a).
6 (2) The administrator, pursuant to section 922 (relating
7 to documents).
8 (3) A court in the course of criminal proceedings in
9 which the person's mental condition is an issue and legal
10 proceedings authorized by Part II (relating to mental
11 health).
12 (4) Pursuant to Federal rules, statutes and regulations
13 governing disclosure of patient information where treatment
14 is undertaken in a Federal agency.
15 (5) As required by the Protection and Advocacy for
16 Mentally Ill Individuals Act of 1986 (Public Law 99-319, 42
17 U.S.C. § 10801 et seq.).
18 (6) The collection and analysis of clinical or
19 statistical data by the department, the administrator or the
20 facility so long as the use and dissemination of this data
21 does not identify individual patients.
22 (7) Compliance with section 8 of the act of April 14,
23 1972 (P.L.221, No.63), known as the Pennsylvania Drug and
24 Alcohol Abuse Control Act.
25 (c) Privileged communications.--In no event, however, shall
26 privileged communications, whether written or oral, be disclosed
27 to anyone without such written consent except that this
28 prohibition shall not be construed to prohibit:
29 (1) Communication with the patient's family or household
30 member when reasonably required for treatment purposes.
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1 (2) The release of general information by the patient's
2 treating physician to the patient's family or household
3 member unless previously objected to by the patient in
4 writing.
5 (3) The release of relevant information by the director
6 of a facility at the request of a law enforcement official,
7 if the director believes immediate access to the information
8 is required because of an imminent danger of harm to another
9 person or the community.
10 (4) The responsible treatment personnel from warning an
11 identified or readily identifiable person whom the patient
12 has threatened with serious bodily harm or from notifying the
13 appropriate law enforcement officials of such information, if
14 the responsible treatment personnel believe the patient will
15 carry out the threat.
16 (5) The responsible treatment personnel from notifying a
17 law enforcement official when the patient has seriously
18 threatened the public safety, if the responsible treatment
19 personnel believe the patient will carry out the threat.
20 § 113. Immunities.
21 (a) General immunity.--In the absence of willful misconduct
22 or gross negligence, an administrator, a director, a physician,
23 a psychologist, a peace officer or any other authorized person
24 who participates in any decision under the provisions of this
25 title, or any governmental or recognized nonprofit health or
26 welfare organization or agency acting pursuant to the provisions
27 of this title, shall not be civilly or criminally liable for
28 that decision or action or for any of its consequences.
29 (b) Judicial immunity.--A judge or a mental health review
30 officer shall not be civilly or criminally liable for any
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1 actions taken or decisions made by him pursuant to the authority
2 conferred by Part II (relating to mental health).
3 SUBCHAPTER C
4 FINANCIAL OBLIGATIONS
5 Sec.
6 121. Liability of mentally disabled person.
7 122. Liability of persons owing legal duty to support.
8 123. Contingent liability of State and local government.
9 124. Powers of department to determine liability and establish
10 criteria.
11 125. Liability of county.
12 126. Collection of costs.
13 127. Liability of Commonwealth.
14 128. Relief of county from obligation to ensure service.
15 129. State and local grants and payments.
16 130. Failure of county program to comply with minimum
17 standards.
18 § 121. Liability of mentally disabled person.
19 Whenever public funds are expended under any provision of
20 this title on behalf of a mentally disabled person, the
21 governmental body expending those funds may recover the same
22 from that person subject to the regulations of the department,
23 and, for this purpose, liability is hereby imposed upon the
24 person receiving any service or benefit under this title for all
25 costs, payments or expenditures with reference thereto,
26 including, but not limited to, the costs of admission,
27 commitment, transportation, treatment, training, maintenance,
28 complete care, partial care or aftercare and discharge.
29 § 122. Liability of persons owing legal duty to support.
30 Except as provided in this section and in section 124
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1 (relating to powers of department to determine liability and
2 establish criteria), whenever any person under 18 years of age
3 receiving any service or benefit under this title is unable to
4 discharge the obligation imposed upon that person by section 121
5 (relating to liability of mentally disabled person), that
6 liability is hereby imposed upon any person owing a legal duty
7 to support the person receiving services or benefits under this
8 title. Upon the mentally disabled person attaining 18 years of
9 age, the liability under this title of the persons owing a legal
10 duty of support shall cease. Spouses shall remain liable for
11 each other regardless of age except for periods of continuous
12 inpatient care in excess of 120 days. Continuous inpatient care
13 for the purposes of this section shall be any in-hospital stay
14 not interrupted by more than 120 days. Nothing in this section
15 shall relieve any private, nonprofit or governmental health
16 insurer from liability to pay for such care under any contract
17 of insurance or group insurance plan.
18 § 123. Contingent liability of State and local government.
19 (a) Requirement that other eligibility and benefits be
20 exhausted.--Neither the Commonwealth nor a county shall be
21 required to expend public funds under this title on behalf of a
22 mentally disabled person until that person, who is receiving
23 services or benefits under this title, has exhausted any
24 eligibility and receipt of benefits under all other existing or
25 future private, public, local, State or Federal programs.
26 (b) Commonwealth and county to share obligations.--Upon
27 exhaustion of all eligibility referred to in subsection (a), the
28 Commonwealth and the counties shall share the financial
29 obligations accruing under this title, to the extent those
30 obligations are not borne by the Federal Government or any
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1 private person or agency.
2 (c) Intention of title.--It is the intention of this title
3 that its provisions be construed so as to maintain and not
4 decrease or destroy any eligibility of any person, any facility,
5 the Commonwealth or any political subdivision to receive any
6 Federal assistance, grants or funds.
7 § 124. Powers of department to determine liability and
8 establish criteria.
9 (a) Determination of liability.--Whenever any person
10 receives a service or benefit at any facility under this title
11 wholly or in part at public expense, the department, subject to
12 the approval of the Attorney General, may determine the extent
13 of liability imposed under section 121 (relating to liability of
14 mentally disabled person) or 122 (relating to liability of
15 persons owing legal duty to support) and abate, modify,
16 compromise or discharge the liability so imposed provided:
17 (1) The department is satisfied that the imposition of
18 the liability would:
19 (i) result in the loss of financial payments or
20 other benefits from any public or private source which a
21 mentally disabled person would receive or would be
22 eligible to receive or which would be expended on the
23 person's behalf except for that liability;
24 (ii) result in a substantial hardship upon the
25 mentally disabled person, a person owing a legal duty to
26 support the person or the family of either;
27 (iii) result in a greater financial burden upon the
28 people of this Commonwealth; or
29 (iv) create such a financial burden upon the
30 mentally disabled person as to nullify the results of
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1 care, treatment, service or other benefits afforded to
2 the person under any provision of this title.
3 (2) Proceedings to recover those costs or discharge that
4 liability, including legal fees, would not be in the best
5 interest of the Commonwealth.
6 (b) Reimbursement to counties.--If the department exercises
7 the power conferred in section 121 or subsection (a) with
8 reference to any person upon whom liability is imposed by
9 section 121 or 122, the department shall reimburse the county to
10 the extent the person is relieved of any obligation to pay the
11 county for services or benefits received under this title and
12 paid for by the county.
13 (c) Liability of legally responsible persons.--The liability
14 of a mentally disabled person or of anyone legally responsible
15 for the support of the person shall be the amount fixed or
16 charged by the department and the payment of the amount so fixed
17 or so charged shall relieve the person of all further liability
18 for payment of the maintenance of the mentally disabled person.
19 (d) Establishment of criteria.--In exercising the powers
20 conferred by this section, the department by regulation shall
21 establish criteria by which the extent of the liability shall be
22 determined except that wherever possible the residence of the
23 mentally disabled person or the spouse of that person or a
24 person owing a legal duty to support shall not be considered.
25 (e) Assistance of Department of Revenue.--The department may
26 call upon the Department of Revenue for assistance in
27 establishing the criteria authorized in subsection (d) and in
28 determining the financial ability of any person to discharge
29 liability imposed under this title.
30 (f) Joint regulations with the Department of Revenue.--The
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1 department and the Department of Revenue shall jointly
2 promulgate regulations as to the duties of revenue agents and
3 other personnel of each department with reference to the
4 investigation and determination of any person's financial
5 ability as provided in subsection (e).
6 § 125. Liability of county.
7 (a) Persons under conviction or sentence.--Whenever any
8 person is cared for in a facility while under conviction or
9 sentence, liability for all costs, payments or expenditures made
10 on behalf of that person is hereby imposed upon the county where
11 the person was convicted or sentenced. The liability shall cease
12 upon the expiration of a period not to exceed:
13 (1) the maximum sentence which was imposed; or
14 (2) if no sentence was imposed, the lesser of one-half
15 of the maximum sentence which might have been imposed or ten
16 years.
17 (b) Exception.--The Commonwealth shall pay for the costs,
18 payments or expenditures in excess of $120 per day made on
19 behalf of any mentally ill person who is a resident of a county
20 located in this Commonwealth and who receives treatment and for
21 whom liability is imposed on the county pursuant to subsection
22 (a). All costs up to and including $120 per day shall be imposed
23 upon the county of residence of the person. In the event that a
24 residency cannot be determined to be in a county in this
25 Commonwealth by the court that convicted or sentenced the
26 person, all liability for treatment imposed by subsection (a)
27 shall be borne by the Commonwealth.
28 (c) Liability for costs of observation.--Whenever any person
29 is committed for observation in connection with any proceedings
30 with reference to a criminal act, liability for the costs of the
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1 observation, transportation, maintenance and care shall be
2 imposed upon the county from which the person was committed for
3 the period of observation only, which shall not exceed 90 days.
4 (d) Recovery of costs by county.--Any moneys expended by a
5 county by reason of provisions of this section may be recovered
6 only from the mentally disabled person or the person owing a
7 legal duty to support the person upon whom liability is hereby
8 imposed.
9 § 126. Collection of costs.
10 (a) Primary responsibility.--The primary responsibility for
11 collecting the cost of care and treatment provided at a facility
12 not operated by the Commonwealth, or by an individual, because
13 of any liability imposed by this title, shall rest with the
14 facility or the individual providing the care and treatment.
15 (b) Liability for services at State-operated facilities.--
16 All moneys due the Commonwealth by reason of any liability
17 imposed by this title for care and treatment at a State-operated
18 facility shall be collected by the Department of Revenue as
19 collection agency for the Commonwealth.
20 (c) Collection by county.--All moneys due by reason of any
21 liability imposed by this title upon any person for care and
22 treatment for which the county makes an expenditure shall be
23 collected by the county.
24 (d) Proration of insufficient assets between Commonwealth
25 and county.--Where there are moneys due both the Commonwealth
26 and the county by reason of any liability imposed by this title
27 upon any person, and the assets thereof are insufficient to
28 discharge the liability in full, the assets shall be applied to
29 the Commonwealth and county on a prorata basis in proportion to
30 their respective claims.
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1 (e) Amounts owed under section 125.--For amounts due the
2 Commonwealth by reason of liability imposed under section 125
3 (relating to liability of county), the Department of Revenue,
4 after the last day of each calendar month, shall promptly
5 transmit to the local authorities of the respective counties, a
6 certified account of the moneys due the Commonwealth from the
7 county involved by reason of that liability, together with an
8 order, payable to the Department of Revenue, drawn on the local
9 authorities of the county, who shall accept and promptly pay it
10 to the Department of Revenue.
11 § 127. Liability of Commonwealth.
12 Except as provided in sections 121 (relating to liability of
13 mentally disabled person), 122 (relating to liability of persons
14 owing legal duty to support) and 125 (relating to liability of
15 county), the Commonwealth shall pay for the following:
16 (1) Diagnosis, evaluation and care in State-operated
17 facilities, or in a facility with which the Commonwealth may
18 contract, including those programs prescribed in section
19 301(9) (relating to general powers and duties of department).
20 (2) Other obligations as may arise under any new program
21 established by the department.
22 (3) Payments, not to exceed per patient 720 hours per
23 year, for partial hospitalization acute treatment care not
24 exceeding 60 days per benefit period, partial hospitalization
25 intermediate rehabilitative care not exceeding 720 hours per
26 year and partial hospitalization extended care for persons
27 financially ineligible for that care under the act of June
28 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
29 (4) Interim care of mentally retarded persons who have
30 been removed from their homes and who, having been accepted,
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1 are awaiting admission to a State facility.
2 (5) Payments for mental health residential services,
3 including short-term services as an alternative to
4 hospitalization, intermediate services for rehabilitation and
5 indefinite extended care.
6 (6) Training of personnel involved in the delivery of
7 mental health services as provided in section 501(c)(13)
8 (relating to general powers and duties of local authorities).
9 § 128. Relief of county from obligation to ensure service.
10 (a) Relief by Commonwealth.--If local authorities cannot
11 ensure the availability of any of the services required by
12 section 501 (relating to general powers and duties of local
13 authorities) or if they assert that it would be economically
14 unsound to do so, the local authorities may make application to
15 the department to be relieved for the period of one year from
16 the duty to ensure their availability. The application shall
17 specify the services involved and the facts upon which it seeks
18 relief.
19 (b) Approval by department.--If the department, after
20 consideration of the application and such independent
21 investigation as it deems appropriate, determines that the
22 application is justified, it may approve the application. If the
23 application is approved, the department may ensure the
24 availability of the services specified in the application for
25 the year specified in the application.
26 (c) Liability.--When the department provides services under
27 this section, the liability shall be apportioned in accordance
28 with the appropriate formula determined in accordance with
29 section 129(a)(1) (relating to State and local grants and
30 payments).
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1 (d) Multiple applications.--Local authorities may make
2 successive application under this section.
3 § 129. State and local grants and payments.
4 (a) General rule.--The department, subject to the provisions
5 of section 123 (relating to contingent liability of State and
6 local government), shall have the power and duty to:
7 (1) Make annual grants to counties from Commonwealth and
8 Federal funds to defray part of the cost of county programs
9 authorized by this title and approved by the department in
10 the amount of 90% of the excess of all approved expenditures
11 for those programs over the amount paid for the same purpose
12 from any public or private source directly to participating
13 counties, facilities or individuals. Private contributions
14 donated for the enrichment or expansion of county mental
15 health programs shall not be considered in calculating the
16 Commonwealth's obligation under this title.
17 (2) Prescribe the time at which the counties shall
18 submit to the department annual plans and annual estimates of
19 expenditures, and revisions thereof, to carry out mental
20 health and mental retardation programs. The plans and
21 estimates shall contain such information as the department by
22 regulation shall prescribe.
23 (3) Compute an annual grant in accordance with the
24 formula established in paragraph (1) upon approval of an
25 annual plan and the estimated expenditures for a mental
26 health and mental retardation program.
27 (4) Pay the annual grant in four quarterly installments.
28 The moneys received in any quarter may be used at any time
29 during the year. The first installment shall be for the
30 quarter beginning July 1 and ending September 30; the second
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1 installment shall be for the quarter beginning October 1 and
2 ending December 31; the third installment shall be for the
3 quarter beginning January 1 and ending March 31; and the
4 fourth installment shall be for the quarter beginning April 1
5 and ending June 30. Each installment shall be paid at the
6 beginning of the quarter only if the department is satisfied
7 that the county is complying with the regulations of the
8 department prescribing minimum mental health and mental
9 retardation services, minimum standards of performance of
10 mental health and mental retardation services, and minimum
11 standards of mental health and mental retardation personnel
12 administration on a merit basis.
13 (5) Distribute State funds among the counties by a
14 formula reasonably designed to achieve the objectives of this
15 title in the event that sufficient funds to pay the full
16 amount of the grants to which the counties may be entitled
17 under the provisions of this section have not been
18 appropriated. If this occurs, the counties' financial
19 obligations under this title shall be reduced in accordance
20 with the same formula, and the counties shall be required to
21 provide only those services for which sufficient funds are
22 available.
23 (6) Review grants against actual expenditures at any
24 time and make appropriate adjustments in subsequent grants.
25 If a grant overpayment cannot be recovered through an
26 adjustment for any reason, the department shall effect a
27 refund of the overpayment from the county.
28 (b) Priority of payment.--For the purposes of this title,
29 the contribution with respect to services, equivalent to the
30 employer's tax established by the Social Security Act (Public
19890S0005B0005 - 22 -
1 Law 74-271, 42 U.S.C. § 301 et seq.), shall be the first
2 obligation against any Commonwealth funds received by the
3 counties for their use or authorized under this title and shall
4 first be paid therefrom.
5 § 130. Failure of county program to comply with minimum
6 standards.
7 (a) Failure to comply.--If at any time after the approval of
8 a plan, the department determines, after hearing, that a county
9 or combination of participating counties is not complying with
10 this title and regulations promulgated under it and that, as a
11 result, the needs of the mentally disabled persons are not being
12 adequately met, the department shall provide mental health and
13 mental retardation services for the county or counties.
14 (b) Costs of services.--When in pursuance of this section
15 the department provides the mental health and mental retardation
16 services of a county or counties, the county or counties shall
17 be charged and shall pay the county share computed in accordance
18 with section 129 (relating to State and local grants and
19 payments), and, to compensate the Commonwealth for its expenses
20 incident to the administration of the county program, an
21 additional 15% of the net cost to the Commonwealth for the
22 county program. The amount due the Commonwealth shall be paid by
23 the county or counties within 12 months after receipt of the
24 department's notice of the amount due. All sums collected from
25 the county under this section, in whatever manner the
26 collections are made, shall be paid into the State Treasury and
27 shall be credited to the current appropriations to the
28 department to carry out Commonwealth obligations under this
29 section.
30 (c) Return of program to local authorities.--The department
19890S0005B0005 - 23 -
1 shall relinquish the administration of the mental health and
2 mental retardation program of the county upon reinstatement of
3 an approved county mental health and mental retardation program
4 in compliance with this title and thereafter grants and payments
5 authorized herein may be made by the department.
6 CHAPTER 3
7 DEPARTMENT OF PUBLIC WELFARE
8 Subchapter
9 A. General Provisions
10 B. Departmental Boards and Committees
11 SUBCHAPTER A
12 GENERAL PROVISIONS
13 Sec.
14 301. General powers and duties of department.
15 302. Commissioner of Mental Health.
16 303. Bureau of Admissions Services.
17 304. Qualifications of directors of State facilities.
18 305. Forms to be used under this title.
19 § 301. General powers and duties of department.
20 The department shall have the power and duty to:
21 (1) Assure within this Commonwealth the availability and
22 equitable provision of adequate mental health and mental
23 retardation services for all persons who need them,
24 regardless of religion, race, color, national origin,
25 settlement, residence or economic or social status.
26 (2) Make, with the advice of the Advisory Committee for
27 Mental Health and Mental Retardation, and enforce all
28 regulations necessary and appropriate to the proper
29 accomplishment of the mental health and mental retardation
30 duties and functions imposed by this title. The regulations
19890S0005B0005 - 24 -
1 shall not become effective until the department has given the
2 local authorities 30 days' written notice of the proposed
3 regulations and afforded the local authorities the
4 opportunity for a hearing before the department on the
5 proposed regulations.
6 (3) Consult with and assist each county in carrying out
7 mental health and mental retardation duties and functions
8 and, where necessary, after 30 days' written notice to the
9 counties affected and an opportunity for the counties for a
10 hearing before the department and with the advice of the
11 Advisory Committee for Mental Health and Mental Retardation,
12 require two or more counties to join in establishing a
13 program to provide the services required by this title.
14 (4) Adopt Statewide plans for the operation of all
15 State-operated facilities under the jurisdiction of the
16 department and assign to each facility or portion thereof the
17 duties for the care of the mentally disabled as the
18 department shall prescribe. The assignments shall be made
19 with due regard to geographical location and population
20 distribution.
21 (5) Establish and maintain working relationships with
22 other governmental bodies and public and private agencies,
23 institutions and organizations so as to assure maximum
24 utilization of services and facilities which each
25 governmental body and public and private agency, institution
26 and organization may have, which may be of benefit to the
27 mentally disabled.
28 (6) Establish statewide training standards for all
29 personnel involved in the delivery of mental health services
30 and provide training for those personnel, including police,
19890S0005B0005 - 25 -
1 emergency service workers, ambulance personnel, State and
2 community hospital personnel, service providers, families and
3 consumers.
4 (7) Make grants, pay subsidies, purchase service and
5 provide reimbursement for mental health and mental
6 retardation services in accordance with this title.
7 (8) Supervise mental health and mental retardation
8 facilities, services and programs as provided by law.
9 (9) Operate all State facilities and assign functions to
10 each. State facilities shall provide inpatient services
11 designed to complement the services of the counties they
12 serve in such manner as to ensure a coordinated comprehensive
13 array of services providing continuity of care to all
14 residents of such counties. All such facilities shall meet
15 the conditions for participation under medicare, the
16 accreditation standards of the joint commission on
17 accreditation of hospitals and the Commonwealth's standards
18 for licensure of private facilities of a similar nature.
19 (10) Establish, extend, operate and maintain additional
20 facilities and provide mental health and mental retardation
21 services therein. The department may also lease or otherwise
22 acquire, through the Department of General Services, other
23 additional facilities.
24 (11) Administer and enforce the laws of this
25 Commonwealth relative to mental health, the care, prevention,
26 early recognition and treatment of mental illness, mental
27 retardation, epilepsy and inebriety, the licensing and
28 regulation of institutions for the mentally ill, mentally
29 retarded and epileptic, the admission and commitment of
30 patients to such institutions, and the transfer, discharge,
19890S0005B0005 - 26 -
1 escape, interstate rendition and deportation of such
2 patients.
3 (12) Approve or disapprove the advice and recommendations
4 of the several boards of trustees of State mental
5 institutions.
6 (13) Assure the provision and funding of external
7 advocacy services for patients at all State mental hospitals.
8 (14) Coordinate with national and local groups in
9 combating stigma about mental illness.
10 (15) Encourage the development of family and consumer
11 self-help groups and consumer-run alternative programs.
12 § 302. Commissioner of Mental Health.
13 (a) Commissioner.--The Secretary of Public Welfare shall
14 appoint, with the approval of the Governor, a deputy secretary
15 who shall have the title of Commissioner of Mental Health and
16 who shall have training and experience in the field of mental
17 health, as well as broad administrative experience. The minimum
18 requirements for the position of commissioner shall be a
19 master's degree and seven years' progressively responsible
20 experience in a relevant field such as medicine, clinical
21 psychology, social work, sociology, nursing, public health,
22 education, hospital administration or public administration with
23 at least five years' experience in the planning, development or
24 administration of mental health services.
25 (b) Duties of commissioner.--The commissioner, with the
26 approval of the secretary, shall develop plans and programs and
27 make recommendations with respect to the general policy of the
28 Commonwealth's mental health program. The commissioner shall
29 initiate, develop and, with the approval of the secretary, carry
30 into effect plans and programs designed to prevent, treat and
19890S0005B0005 - 27 -
1 cure the mentally ill. The commissioner shall recommend to the
2 secretary such professional and skilled personnel as may be
3 necessary to carry out the plans and programs of the department
4 in the field of mental health. He shall organize and institute
5 intensive and specialized training of mental health personnel in
6 order to qualify them for dealing with special problems
7 presented by the criminal population and shall establish,
8 operate and maintain, in the larger district offices of the
9 Pennsylvania Board of Probation and Parole, units to provide
10 psychological and psychiatric services to the board and shall
11 assign to these units trained personnel specialized in
12 psychiatry and psychology. The commissioner shall recommend to
13 the secretary the appointment of the superintendents of State
14 mental institutions who in turn shall assign, appoint and
15 dismiss personnel of the institutions.
16 (c) Deputy Commissioner for Clinical Services.--If the
17 commissioner is not a psychiatrist, the commissioner shall
18 appoint as Deputy Commissioner for Clinical Services a
19 psychiatrist with at least five years' progressively responsible
20 experience in the mental health field, including two years'
21 experience in the planning, development or administration of
22 mental health services, with sufficient training and experience
23 to be eligible for certification by the American Board of
24 Psychiatry.
25 § 303. Bureau of Admissions Services.
26 (a) Purpose.--In order to develop and promote fair, uniform,
27 effective and accountable legal and administrative procedures
28 for voluntary and involuntary treatment throughout the
29 Commonwealth, a Bureau of Admissions Services shall be
30 established within the office of Commissioner of Mental Health.
19890S0005B0005 - 28 -
1 (b) Powers and duties.--The bureau shall have the power and
2 duty to:
3 (1) Maintain a record of the disposition of all
4 treatment applications received by administrators or
5 directors and collect other data to evaluate whether the
6 above-stated purposes are being effectuated.
7 (2) Formulate and disseminate, in the absence of
8 applicable regulations, statewide policies and guidelines for
9 the administration of voluntary and involuntary treatment,
10 whether residential or outpatient.
11 (3) Facilitate the administration of cases of persons in
12 need of treatment who are in State or local correctional
13 institutions. The bureau shall be a central office that
14 supervises the utilization of treatment services available
15 for such purposes.
16 (4) Offer and conduct or coordinate education and
17 training programs for judges, mental health review officers,
18 attorneys, mental health professionals and others who
19 participate in mental health commitment procedures.
20 (5) Maintain a 24-hour-a-day telephone service available
21 to any person seeking information or assistance or desiring
22 to make a complaint regarding a mental health commitment
23 procedure or proceeding.
24 (6) Advocate and make recommendations for the
25 improvement of commitment procedures so as to facilitate the
26 rendering of treatment as needed.
27 (c) Cooperation.--Administrators, directors and all other
28 persons responsible for carrying out mental health commitment
29 procedures within the Commonwealth shall cooperate with the
30 bureau to effectuate the purposes of Part II (relating to mental
19890S0005B0005 - 29 -
1 health) and to maximize its effectiveness.
2 (d) Annual reports.--The secretary shall make annual reports
3 to the General Assembly based on the activities, findings and
4 recommendations of the bureau.
5 § 304. Qualifications of directors of State facilities.
6 (a) General rule.--Each State-operated facility shall be in
7 charge of a director who shall have the following
8 qualifications:
9 (1) Experience in the administration of mental
10 hospitals, other hospitals, institutions or other facilities.
11 (2) Ability to organize, direct and coordinate the
12 operation of the facility and its programs.
13 (b) State hospitals.--In the case where the facility is a
14 State-operated mental hospital, the director shall be a
15 physician, where possible, or demonstrate, through objective
16 measurements developed by the department, knowledge and
17 competence in the field of mental health and illness, including
18 community mental health, as well as in the field of health care
19 administration. A master's degree or appropriate equivalent
20 thereof shall be required. The director of the clinical program
21 of the hospital shall be a physician who shall be responsible
22 for planning and executing programs of treatment and therapy.
23 (c) Additional qualifications.--The department by regulation
24 may establish additional standards of qualification for the
25 position of director.
26 § 305. Forms to be used under this title.
27 The department may develop suggested forms to be used in
28 carrying out the provisions of this title. By regulation, it may
29 require the use of any form so developed.
30 SUBCHAPTER B
19890S0005B0005 - 30 -
1 DEPARTMENTAL BOARDS AND COMMITTEES
2 Sec.
3 311. Boards of trustees of State institutions.
4 312. Advisory Committee for Mental Health and Mental
5 Retardation.
6 313. Conjoint board.
7 § 311. Boards of trustees of State institutions.
8 (a) Institutions.--The provisions of this section shall
9 govern the boards of trustees of the following institutions:
10 (1) Altoona Center.
11 (2) Allentown State Hospital.
12 (3) Clarks Summit State Hospital.
13 (4) Danville State Hospital.
14 (5) Eastern State School and Hospital.
15 (6) Ebensburg Center.
16 (7) Embreeville Center.
17 (8) Farview State Hospital.
18 (9) Hamburg Center.
19 (10) Harrisburg State Hospital.
20 (11) Haverford State Hospital.
21 (12) Laurelton Center.
22 (13) Mayview State Hospital.
23 (14) Norristown State Hospital.
24 (15) Philadelphia State Hospital.
25 (16) Polk Center.
26 (17) Selinsgrove Center.
27 (18) Somerset State Hospital.
28 (19) South Mountain Restoration Centers.
29 (20) Torrance State Hospital.
30 (21) Warren State Hospital.
19890S0005B0005 - 31 -
1 (22) Wernersville State Hospital.
2 (23) Western Center.
3 (24) White Haven Center.
4 (25) Woodhaven Center.
5 (26) Woodville State Hospital.
6 (b) Membership.--The boards of trustees of each State
7 institution listed in subsection (a) shall consist of nine
8 members appointed by the Governor as provided in section
9 207.1(d)(4) of the act of April 9, 1929 (P.L.177, No.175), known
10 as The Administrative Code of 1929. The secretary shall serve as
11 an ex officio member of each board.
12 (c) Term of office.--Each appointed member shall serve for a
13 term of six years.
14 (d) Administrative affairs.--Annually, the members shall
15 elect a president and vice president from the membership, and a
16 secretary and treasurer who need not be members. The secretary
17 and treasurer may be the same person.
18 (e) Powers and duties.--The boards shall have the power and
19 duty to:
20 (1) Advise, assist and make recommendations to the
21 superintendent with respect to the management and operation
22 of the institution and with respect to any plans or programs
23 for its improvement.
24 (2) Keep under review all matters pertaining to the
25 welfare and well-being of patients and residents and make
26 recommendations to the superintendent with respect thereto.
27 (3) Advise and make recommendations to the Commissioner
28 of Mental Health or the secretary, as the case may be, with
29 regard to the selection and appointment of a superintendent
30 in case of a vacancy.
19890S0005B0005 - 32 -
1 (4) Advise and make recommendations to the
2 superintendent with regard to the selection of employees of
3 the institution.
4 (5) Develop and further means and methods of
5 establishing proper relations and understanding between the
6 institution, its program and the community in which it is
7 located and provide liaison between the institution and the
8 community in order to better serve the interests and needs of
9 both.
10 (6) Make recommendations to the Advisory Committee for
11 Mental Health and Mental Retardation on matters of policy and
12 program emerging from their intimate knowledge and experience
13 of mental health programs in operation.
14 § 312. Advisory Committee for Mental Health and Mental
15 Retardation.
16 (a) Membership.--The committee shall consist of not more
17 than nine members appointed by the Governor who shall not hold
18 office in any political party and shall include the following
19 persons:
20 (1) Commissioner of Mental Health in the Department of
21 Public Welfare.
22 (2) The Deputy Secretary for Mental Retardation in the
23 Department of Public Welfare.
24 (3) Chairman of the Senate Public Health and Welfare
25 Committee.
26 (4) Chairman of the House of Representatives Health and
27 Welfare Committee.
28 (5) President of the Pennsylvania State Association of
29 County Commissioners.
30 The exact number and qualifications of the members of the
19890S0005B0005 - 33 -
1 advisory committee shall be determined by the Governor. The
2 Governor shall appoint members with due regard for
3 representation of the professional and lay groups concerned with
4 the fields of mental health and mental retardation.
5 (b) Term of office.--Each appointed member shall serve for a
6 term of six years. No member shall serve more than two
7 consecutive terms, not including a vacancy appointment. The
8 Governor may remove any member at any time.
9 (c) Administrative affairs.--
10 (1) The committee shall elect a chairman from among its
11 members.
12 (2) The committee shall meet at least four times a year.
13 Special meetings shall be held on the call of the chairman or
14 upon the written request of one-third of the members then
15 serving.
16 (d) Compensation.--Members shall serve without compensation
17 other than reimbursement of travel and other actual expenses
18 incurred in the performance of their duties.
19 (e) Powers and duties.--The committee shall have the power
20 and duty to:
21 (1) Advise the appropriate major program units of the
22 department. This advice shall include, but not be limited to,
23 such matters as standards of eligibility, nature and extent
24 of service, amounts of payments to individuals, standards of
25 approval, certification and licensure of institutions and
26 agencies, ways and means of coordinating public and private
27 welfare activities, and such other matters as may, by law,
28 require citizen review or may be referred to the committee by
29 the departmental units advised by it.
30 (2) Advise the Governor and the secretary with regard to
19890S0005B0005 - 34 -
1 the appointment of the Commissioner of Mental Health.
2 (3) Arrange for and conduct public hearings as may be
3 required by law or which it deems necessary and advisable.
4 (4) Promote better public understanding of the programs
5 and objectives of the departmental units advised by it.
6 (5) Advise the department with regard to the
7 establishment of minimum standards for a merit system of
8 employment to be used by local authorities under section
9 501(b) (relating to general powers and duties of local
10 authorities).
11 § 313. Conjoint board.
12 (a) Purpose.--To ensure the integration of State hospitals
13 and county programs into an array of services providing
14 comprehensiveness and continuity of care to all residents of
15 counties served by each State hospital, the secretary shall
16 appoint a conjoint board for the designated service area of each
17 State hospital.
18 (b) Membership.--The board shall consist of the following
19 members:
20 (1) The hospital superintendent.
21 (2) The administrator for each county or jointure of
22 counties serviced by the State hospital.
23 (3) A member of each county mental health and mental
24 retardation board operating within the designated service
25 area of the hospital, to be selected by its membership.
26 (4) A number of members of the board of trustees of the
27 State hospital equal, to the extent possible, to the number
28 of members from the county mental health and mental
29 retardation boards selected in paragraph (3). These members
30 shall be selected by the boards of trustees.
19890S0005B0005 - 35 -
1 (5) If consumers, family members, advocates, service
2 providers and mental health review officers are not
3 represented on the board, a member from each group shall be
4 appointed. In any event, there shall be at least three
5 representatives from the county mental health and mental
6 retardation boards and three representatives of the board of
7 trustees appointed to each conjoint board.
8 (c) Administrative affairs.--The members shall select a
9 chairman from among themselves. Each board shall meet quarterly
10 the first year and at least twice each year thereafter, and may
11 by majority vote of the membership establish more frequent
12 regular meetings. Special meetings shall be held on call of the
13 chairman.
14 (d) Powers and duties.--Each conjoint board shall have the
15 power and duty to:
16 (1) Review and evaluate the State hospital's needs,
17 services, facilities and special problems in relation to the
18 mental health needs, services and programs of the counties it
19 serves.
20 (2) Recommend to the board of trustees not less than two
21 persons to fill any vacancies in the position of
22 superintendent. Such persons shall meet the standards of
23 professional skill and experience as the department may
24 establish by regulation.
25 (3) Develop regional service priorities to assist the
26 superintendent and the administrators in developing plans for
27 the operation of the hospital and the county programs in
28 providing integrated services for the service area.
29 (4) Make recommendations to the department and the
30 Advisory Committee for Mental Health and Mental Retardation
19890S0005B0005 - 36 -
1 regarding the hospital and any other matters relating to
2 mental health services in the counties served by the
3 hospital, including purchase of service contracts and the
4 extent of funds required to implement the program.
5 (5) Review performance of the hospital as to community
6 services and to recommend a system of program evaluation.
7 CHAPTER 5
8 COUNTY BOARDS OF MENTAL HEALTH
9 AND MENTAL RETARDATION
10 Sec.
11 501. General powers and duties of local authorities.
12 502. County mental health and mental retardation board.
13 503. Duties of board.
14 504. Appointment of county mental health and mental retardation
15 administrator.
16 505. Duties of administrator.
17 § 501. General powers and duties of local authorities.
18 (a) Establishment of program.--The local authorities of each
19 county separately or in concert with another county or counties,
20 as the department may approve, shall establish a county mental
21 health and mental retardation program for the prevention of
22 mental disability and for the diagnosis, care, treatment,
23 rehabilitation and detention of the mentally disabled, and shall
24 have power to make appropriations for such purposes. To ensure
25 the operation of a county mental health and mental retardation
26 program in each county, the department shall have the power to
27 direct the local authorities of any county to join with the
28 local authorities of any other county to establish such program
29 or become a part of a program existing in such other county or
30 counties.
19890S0005B0005 - 37 -
1 (b) Personnel.--To operate the county mental health and
2 mental retardation program, the local authorities shall employ
3 such personnel as are necessary. The selection, appointment and
4 retention of these employees and the termination of their
5 employment shall be on the basis of a merit system which shall
6 conform to minimum standards established by regulations of the
7 department.
8 (c) Duties of local authorities for mandated services.--
9 Subject to the provisions of sections 128 (relating to relief of
10 county from obligation to ensure service) and 129(a)(5)
11 (relating to State and local grants and payments), it shall be
12 the duty of local authorities in cooperation with the department
13 to ensure that the following mental health and mental
14 retardation services are available:
15 (1) Short-term inpatient services other than those
16 provided by the Commonwealth, including diagnosis,
17 evaluation, care, treatment or rehabilitation rendered to a
18 person receiving services or benefits in a facility for a
19 continuous period of 24 hours, or longer.
20 (2) Outpatient services, including diagnosis,
21 evaluation, counseling, care, treatment or rehabilitation
22 rendered under this title in a facility, to a person not
23 receiving inpatient or partial hospitalization services.
24 (3) Partial hospitalization services, including
25 diagnosis, evaluation, care, treatment or rehabilitation
26 rendered to a person receiving services or benefits in a
27 facility for some portion of one or more 24-hour periods. In
28 the case of the mentally ill, these services shall include
29 three levels of care: acute treatment, intermediate
30 rehabilitative and indefinite extended care.
19890S0005B0005 - 38 -
1 (4) Emergency services 24 hours per day which shall be
2 provided by or available within at least one of the types of
3 services specified in this subsection.
4 (5) Consultation and education services.
5 (6) Services for persons released from State and county
6 facilities, designed to assist persons in establishing and
7 maintaining themselves as members of society.
8 (7) Specialized rehabilitative and training services.
9 (8) Interim care of mentally retarded persons who have
10 been removed from their homes and who, having been accepted,
11 are awaiting admission to a State-operated facility.
12 (9) Unified procedures for intake for all county
13 services and a central place providing referral services and
14 information.
15 (10) Case management services designed to ensure
16 continuity of care and the maintaining of a continuing
17 relationship between the mentally ill person and the
18 providers responsible for service to the person at any stage
19 of the illness from intake to closure, including the
20 development and coordination of the treatment plan, arranging
21 linkages to all appropriate services, providing outreach,
22 assisting clients in moving through the service system as
23 their needs change, including assistance in obtaining decent,
24 affordable housing, education, training and job placement,
25 supporting families and other informal caregivers and
26 advocating access to all appropriate services and benefits.
27 (11) Intensive clinical case management services,
28 including interventions with service providers, family and
29 household members, neighbors and employers for mentally ill
30 persons who have threatened violence or who require a
19890S0005B0005 - 39 -
1 disproportionate share of services.
2 (12) A full range of mental health residential services,
3 including short term services as an alternative to
4 hospitalization, intermediate services for rehabilitation and
5 indefinite extended care.
6 (13) Training of personnel involved in the delivery of
7 mental health services in accordance with State standards.
8 (d) Other services.--The local authorities shall also have
9 the power to establish the following services or programs for
10 the mentally disabled:
11 (1) Training of personnel involved in the delivery of
12 mental retardation services.
13 (2) Research.
14 (3) Any other service or program designed to prevent
15 mental disability or the necessity of the mentally disabled
16 person receiving inpatient services in a facility.
17 (e) Provision of services.--Services required or authorized
18 may be provided either directly or by purchase of such services,
19 except that the services required in subsection (c)(9) shall be
20 provided directly through the administrator. Purchase of service
21 arrangements shall be designed to facilitate and encourage the
22 private profit and nonprofit sector to assume increased
23 responsibility for the public patient. Nothing in this
24 subsection shall be construed to absolve the county from its
25 responsibility to provide mandated services by virtue of
26 contracting for those services.
27 § 502. County mental health and mental retardation board.
28 (a) Establishment.--Except in cities of the first class, the
29 local authorities shall appoint a mental health and mental
30 retardation board which shall consist of 13 residents. At least
19890S0005B0005 - 40 -
1 two members shall be physicians and, where possible, one shall
2 be a psychiatrist and the other a pediatrician. There shall also
3 be appropriate representation drawn from the professional fields
4 of psychology, social work, nursing, education and religion;
5 local citizens' organizations active in the field of mental
6 health; local citizens' organizations active in the field of
7 mental retardation; local health and welfare planning
8 organizations; local general hospitals; and other interested
9 community groups. Where two or more counties are participating
10 in concert in the program, the members of the board shall be
11 selected substantially on a proportionate basis as to
12 population. Each county, irrespective of population, shall have
13 a representative of the county commissioners on the board.
14 (b) Terms.--Each member shall be appointed for a period of
15 three years. Any vacancies occurring in the membership of the
16 board shall be filled by the local authorities for the unexpired
17 period. The local authorities may remove any member of the board
18 during his period of service for cause only. The members shall
19 serve without compensation other than reimbursement for travel
20 and other actual expenses incurred in connection with called
21 meetings of the board.
22 (c) Board procedures.--The members shall select a chairman
23 from among themselves. Each board shall meet at least once each
24 quarter and may, by majority vote of the membership, establish
25 more frequent regular meetings not exceeding one per month.
26 Special meetings shall be held on call of the chairman or upon
27 the written request of one-third of the members then serving.
28 (d) First class cities.--In cities of the first class, a
29 mental health and mental retardation board shall be appointed
30 and the members shall hold office under the provisions of the
19890S0005B0005 - 41 -
1 city charter.
2 § 503. Duties of board.
3 (a) Powers and duties.--The county mental health and mental
4 retardation board shall have the power and duty to:
5 (1) Review and evaluate the county's mental health and
6 mental retardation needs, services, facilities and special
7 problems in relation to the local health and welfare needs,
8 services and programs.
9 (2) Develop, together with the administrator, annual
10 plans for the mental health and mental retardation programs
11 required by sections 129 (relating to State and local grants
12 and payments) and 501 (relating to general powers and duties
13 of local authorities).
14 (3) Make recommendations to the local authorities
15 regarding the program and any other matters relating to
16 mental health and mental retardation services in the county,
17 including purchase of service contracts and the extent of
18 funds required to implement the program.
19 (4) Review performance under the mental health and
20 mental retardation program and recommend a system of program
21 evaluation.
22 (b) Alternative organization.--The functions of the board
23 may be performed by a multi-purpose board acting in the health
24 and welfare field if the local authorities so elect with
25 appropriate representation as specified in section 502(a)
26 (relating to county mental health and mental retardation board),
27 insofar as possible and subject to the approval of the
28 department.
29 § 504. Appointment of county mental health and mental
30 retardation administrator.
19890S0005B0005 - 42 -
1 Except in cities of the first class, where the administrator
2 shall be appointed under the merit system, the local authorities
3 shall appoint a county mental health and mental retardation
4 administrator from a list of not less than two names submitted
5 by the county mental health and mental retardation board. If 30
6 days after the board has submitted a list to the local
7 authorities an appointment has not been made because of a tie
8 vote or other failure of the local authorities, the
9 administrator shall be appointed by the secretary after
10 consultation with the local authorities. The administrator shall
11 serve at the pleasure of the local authorities, except that an
12 appointment made by the secretary shall not be terminated
13 without the approval of the board.
14 § 505. Duties of administrator.
15 The county mental health and mental retardation administrator
16 shall have the power and duty to:
17 (1) Administer the county mental health and mental
18 retardation program.
19 (2) Ensure that county mental health and mental
20 retardation services required by this title are available.
21 (3) Provide staff services to the county mental health
22 and mental retardation board.
23 (4) Make such reports to the department in such form and
24 containing such information as the department may require.
25 (5) Develop, together with the board, annual plans for
26 the mental health and mental retardation programs.
27 (6) Submit to local authorities annual plans and
28 estimated costs for the provision of services, establishment
29 and operation of facilities, and other related matters for
30 review, approval and transmittal to the department.
19890S0005B0005 - 43 -
1 (7) Review and evaluate facilities and cooperate with
2 the department in the maintenance of established standards.
3 (8) Maintain effective liaison with governmental and
4 private community health and welfare agencies and
5 organizations and State-operated facilities.
6 (9) Submit an annual report to the local authorities,
7 the board and the department reporting all activities of the
8 program and his administration thereof.
9 (10) Analyze and evaluate mental health and mental
10 retardation needs and services in the county and recommend
11 improvements to the board and local authorities and conduct
12 such research studies and take such steps and adopt such
13 measures as are necessary for the proper discharge of his
14 duties.
15 CHAPTER 7
16 RESEARCH AND TRAINING
17 Subchapter
18 A. Eastern Pennsylvania Psychiatric Institute
19 B. Western State Psychiatric Institute and Clinic
20 SUBCHAPTER A
21 EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE
22 Sec.
23 701. Purpose.
24 702. Contracts with medical schools.
25 703. Leases.
26 § 701. Purpose.
27 The Eastern Pennsylvania Psychiatric Institute shall provide
28 training and teaching to graduate and undergraduate students in
29 the mental health field and shall conduct research into the
30 causes, prevention, treatment and cure of mental, neurological
19890S0005B0005 - 44 -
1 and related disorders.
2 § 702. Contracts with medical schools.
3 Through the department, the Eastern Pennsylvania Psychiatric
4 Institute may enter into agreements specifying the terms and
5 conditions under which one or more medical schools selected by
6 the secretary may be associated with the institute in providing
7 diagnosis, treatment, training, teaching and research. These
8 agreements may provide for the transfer of responsibility by the
9 department for the management and operation of the institute in
10 whole or in part.
11 § 703. Leases.
12 The Department of General Services, with the approval of the
13 Governor, is authorized to lease or sublease all or part of the
14 land and buildings known as the Eastern Pennsylvania Psychiatric
15 Institute, and equipment therein, as appropriate to medical
16 schools selected by the secretary upon such terms and conditions
17 as the Department of General Services may prescribe.
18 SUBCHAPTER B
19 WESTERN STATE PSYCHIATRIC INSTITUTE AND CLINIC
20 Sec.
21 711. Purpose.
22 712. Management.
23 713. Medical advisory board.
24 714. Leases.
25 § 711. Purpose.
26 (a) Research.--The Western State Psychiatric Institute and
27 Clinic, located in Allegheny County, shall be used for study and
28 research into the causes, treatment, prevention and cure of the
29 various types of nervous disorders and mental diseases.
30 (b) Training of medical students.--The institute shall also
19890S0005B0005 - 45 -
1 provide training and teaching both at the undergraduate and at
2 the graduate level of students who, upon graduation, will enter
3 the practice of general medicine, with a technical background of
4 training in mental illness, as well as for the purpose of taking
5 up the great gap between the number of qualified psychiatrists
6 and the number who are needed as a result of the constantly
7 mounting number of persons needing attention for mental
8 disorders.
9 (c) Training of State hospital personnel.-- The institute
10 shall provide regular courses of study for State hospital
11 personnel in order that there may be a more highly trained and
12 efficient staff and personnel in the various mental institutions
13 throughout this Commonwealth.
14 (d) Prevention.--The institute shall deal with the mental
15 hygiene of the normal child in the way of study and training in
16 order that there may be a program of prevention of mental and
17 nervous disorders as a result of giving children the proper
18 background and training that will prevent such disorders.
19 (e) Training of nurses.--The institute shall train and teach
20 nurses and other personnel needed in the treatment, care and
21 prevention of mental illness.
22 (f) Administration.--The institute shall focus its expert
23 activities on problems of administration so that studies may be
24 made to deal effectively, humanely and economically with the
25 care of mental illness throughout this Commonwealth.
26 § 712. Management.
27 The Western State Psychiatric Institute and Clinic shall be
28 under the management of the Board of Trustees of the University
29 of Pittsburgh, which board shall select and appoint a director
30 of the institute who shall be a physician of qualifications and
19890S0005B0005 - 46 -
1 experience in the care and treatment of mental diseases and
2 mentally disabled persons.
3 § 713. Medical advisory board.
4 (a) Membership.--The medical advisory board shall consist
5 of:
6 (1) The Secretary.
7 (2) The Commissioner of Mental Health.
8 (3) The chairman of the medical advisory board of the
9 Eastern Pennsylvania Psychiatric Institute.
10 (4) The director of the Western State Psychiatric
11 Institute and Clinic, who shall serve as chairman.
12 (5) The dean of the Graduate School of Public Health of
13 the University of Pittsburgh.
14 (6) The dean of the School of Nursing of the University
15 of Pittsburgh.
16 (7) The president of the Western Pennsylvania Neuro-
17 Psychiatry Society.
18 (8) The chairman of the Board of Trustees of the
19 University of Pittsburgh.
20 (b) Powers and duties.--The duty of the board shall be to
21 submit policy recommendations relative to the treatment and cure
22 of persons admitted to the institute and clinic for treatment
23 and recommend anything necessary to carry out the purposes of
24 the institute.
25 (c) Recommendations.--All recommendations concerning the
26 policies of the institute and clinic which come from the medical
27 advisory board shall be referred to the board of trustees
28 through the trustee committee of the Medical Center of the
29 University of Pittsburgh. When the recommendations are
30 considered by the trustee committee of the Medical Center of the
19890S0005B0005 - 47 -
1 University of Pittsburgh, the secretary shall be invited to be
2 present and to participate in the discussion.
3 § 714. Leases.
4 (a) Rental to University of Pittsburgh.--The Department of
5 General Services, with the approval of the Governor, is
6 authorized and directed to lease, for the rental of $1 per
7 annum, to the Board of Trustees of the University of Pittsburgh,
8 all the lands, buildings and equipment in the City of
9 Pittsburgh, County of Allegheny, Pennsylvania, which comprise
10 the Western State Psychiatric Institute and Clinic, for a term
11 to be agreed upon.
12 (b) Execution of lease.--The lease authorized in subsection
13 (a) shall be prepared by the Department of General Services,
14 with the approval of the Governor and the Attorney General.
15 (c) Transfer of property.--The department is hereby
16 authorized and required to relinquish the government,
17 management, operation and control of the Western State
18 Psychiatric Institute and Clinic to the University of
19 Pittsburgh, at such time as may be agreed upon by the terms of
20 the lease authorized in subsection (a).
21 PART II
22 MENTAL HEALTH
23 Chapter
24 9. General Provisions
25 11. Voluntary Examination and Treatment
26 13. Involuntary Examination and Treatment
27 15. Examination and Treatment of Persons Charged with Crime
28 or Under Sentence
29 CHAPTER 9
30 GENERAL PROVISIONS
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1 Subchapter
2 A. Preliminary Provisions
3 B. General Treatment Provisions
4 C. Judicial Matters
5 SUBCHAPTER A
6 PRELIMINARY PROVISIONS
7 Sec.
8 901. Short title of part.
9 902. Statement of policy.
10 903. Scope of part.
11 § 901. Short title of part.
12 This part shall be known and may be cited as the Mental
13 Health Procedures Act.
14 § 902. Statement of policy.
15 (a) General statement.--It is the policy of the Commonwealth
16 of Pennsylvania to seek to assure the availability of adequate
17 treatment to persons who are mentally ill, and it is the purpose
18 of this part to establish procedures whereby this policy can be
19 effected. The provisions of this part shall be interpreted in
20 conformity with the principles of due process to make voluntary
21 and involuntary treatment available where the need is great and
22 its absence could result in serious harm to the mentally ill
23 person or to others. Treatment on a voluntary basis shall be
24 preferred to involuntary treatment. In every case, the least
25 restrictions consistent with treatment appropriate to the
26 individual's needs shall be employed.
27 (b) Excluded diagnoses.--Persons who are mentally retarded,
28 senile, alcoholic or drug dependent shall receive mental health
29 treatment only if they are also diagnosed as mentally ill, but
30 these conditions of themselves shall not be deemed to constitute
19890S0005B0005 - 49 -
1 mental illness.
2 § 903. Scope of part.
3 This part establishes rights and procedures for all
4 involuntary treatment of mentally ill persons, whether inpatient
5 or outpatient, and for all voluntary inpatient treatment of
6 mentally ill persons. Inpatient treatment includes all treatment
7 that requires full-time or part-time residence in a facility.
8 SUBCHAPTER B
9 GENERAL TREATMENT PROVISIONS
10 Sec.
11 911. Provision for treatment.
12 912. Treatment facilities.
13 913. Formulation and review of treatment plan.
14 914. Periodic reexamination, review and redisposition.
15 915. Rights and remedies of persons in treatment.
16 916. Continuity of care.
17 917. Medical necessity of treatment.
18 § 911. Provision for treatment.
19 (a) Requirement of adequate treatment.--Adequate treatment
20 designed and administered to alleviate a person's pain and
21 distress and to maximize the probability of recovery from mental
22 illness shall be provided to all persons in treatment who are
23 subject to this part. It may include inpatient treatment,
24 partial hospitalization or outpatient treatment.
25 (b) Treatment requirements.--Treatment shall include
26 diagnosis, evaluation, therapy or rehabilitation needed to
27 alleviate pain and distress and to facilitate the recovery of a
28 person from mental illness. It shall also include care and other
29 services that supplement treatment and aid or promote recovery.
30 (c) Additional requirements for inpatient treatment.--
19890S0005B0005 - 50 -
1 Adequate inpatient treatment shall include such accommodations,
2 diet, heat, light, sanitary facilities, clothing, recreation,
3 education and medical care as are necessary to maintain decent,
4 safe and healthful living conditions.
5 § 912. Treatment facilities.
6 (a) Approval by department.--Involuntary treatment and
7 voluntary treatment funded in whole or in part by public moneys
8 shall be available at a facility approved for those purposes by
9 the administrator or by the department. Approval of facilities
10 shall be made pursuant to regulations adopted by the department.
11 (b) Treatment at Federal agencies.--Treatment may be ordered
12 at the Veterans' Administration or other Federal agency upon
13 receipt of a certificate that the person is eligible for such
14 hospitalization or treatment and that there is available space
15 for his care. Mental health facilities operated under the direct
16 control of the Veterans' Administration or other Federal agency
17 are exempt from obtaining State approval.
18 (c) Departmental standards for approval.--The department's
19 standards for approval shall be at least as stringent as those
20 of the joint commission on accreditation of hospitals and those
21 of the Federal Government pursuant to Titles 18 and 19 of the
22 Social Security Act (Public Law 74-271, 42 U.S.C. § 301 et seq.)
23 to the extent that the type of facility is one in which those
24 standards are intended to apply.
25 (d) Exemptions from standards.--An exemption from the
26 standards may be granted by the department for a period not in
27 excess of one year and may be renewed. Notice of each exemption
28 and the rationale for allowing the exemption shall be published
29 pursuant to the act of July 31, 1968 (P.L.769, No.240), referred
30 to as the Commonwealth Documents Law, and Title 45 (relating to
19890S0005B0005 - 51 -
1 legal notices) and shall be prominently posted at the entrance
2 to the main office and in the reception areas of the facility.
3 § 913. Formulation and review of treatment plan.
4 (a) Duty of treatment team.--Pursuant to section 914
5 (relating to periodic reexamination, review and redisposition),
6 a treatment team shall formulate and review an individualized
7 treatment plan for every person who is in treatment under this
8 part.
9 (b) Director of treatment team generally.--A treatment team
10 shall be under the direction of either a physician or a licensed
11 clinical psychologist and may include other mental health
12 professionals.
13 (c) Direction by physician required.--A treatment team shall
14 be under the direction of a physician when:
15 (1) the failure to do so would jeopardize Federal
16 payments made on behalf of a patient; or
17 (2) the director of a facility requires the treatment to
18 be under the direction of a physician.
19 (d) Physician required to be on treatment team.--All
20 treatment teams shall include a physician, and the
21 administration of all drugs shall be controlled by the act of
22 April 14, 1972 (P.L.233, No.64), known as The Controlled
23 Substance, Drug, Device and Cosmetic Act.
24 (e) Involvement of mentally ill person.--To the extent
25 possible, the plan shall be made with the cooperation,
26 understanding and consent of the person in treatment and shall
27 impose the least restrictive alternative consistent with
28 affording the person adequate treatment for the person's
29 condition.
30 (f) Individualized treatment plan.--For the purposes of this
19890S0005B0005 - 52 -
1 part, an individualized treatment plan shall be a plan of
2 treatment formulated for a particular person in a program
3 appropriate to his specific needs.
4 § 914. Periodic reexamination, review and redisposition.
5 (a) Reexamination and review.--Every person who is in
6 treatment under this part shall be examined by a treatment team,
7 and the person's treatment plan shall be reviewed not less than
8 once in every 30 days.
9 (b) Redisposition.--On the basis of reexamination and
10 review, the treatment team may either authorize continuation of
11 the existing treatment plan if appropriate, formulate a new
12 individualized treatment plan or recommend to the director the
13 discharge of the person. A person shall not remain in treatment
14 or under any particular mode of treatment for longer than the
15 treatment is necessary and appropriate to the person's needs.
16 (c) Record of reexamination and review.--The treatment team
17 responsible for the treatment plan shall maintain a record of
18 each reexamination and review under this section for each person
19 in treatment to include:
20 (1) A report of the reexamination, including a diagnosis
21 and prognosis.
22 (2) A brief description of the treatment provided to the
23 person during the period preceding the reexamination and the
24 results of that treatment.
25 (3) A statement of the reason for discharge or for
26 continued treatment.
27 (4) An individualized treatment plan for the next
28 period, if any.
29 (5) A statement of the reasons that the treatment plan
30 imposes the least restrictive alternative consistent with
19890S0005B0005 - 53 -
1 adequate treatment of the person's condition.
2 (6) A certification that the adequate treatment
3 recommended is available and will be afforded in the
4 treatment program.
5 § 915. Rights and remedies of persons in treatment.
6 Every person who is in treatment shall be entitled to all
7 other rights now or hereafter provided under the laws of this
8 Commonwealth, in addition to any rights provided for in this
9 part. Actions requesting damages, declaratory judgment,
10 injunction, mandamus, writs of prohibition, habeas corpus
11 (including challenges to the legality of detention or degree of
12 restraint) and any other remedies or relief granted by law may
13 be maintained in order to protect and effectuate the rights
14 granted under this part.
15 § 916. Continuity of care.
16 (a) Referrals from inpatient mental health facilities.--It
17 shall be the responsibility of the facility administration to
18 refer those voluntary and involuntary patients receiving
19 publicly funded mental health services discharged from inpatient
20 mental health facilities to the appropriate county mental health
21 and mental retardation program.
22 (b) Duty of county program.--The county mental health and
23 mental retardation program shall, pursuant to Chapter 5
24 (relating to county boards of mental health and mental
25 retardation), receive referrals from all inpatient mental health
26 facilities and shall be responsible for the treatment needs of
27 county residents discharged from inpatient mental health
28 facilities pursuant to Chapters 11 (relating to voluntary
29 examination and treatment) and 13 (relating to involuntary
30 examination and treatment).
19890S0005B0005 - 54 -
1 § 917. Medical necessity of treatment.
2 Nothing in this part shall be construed to require a facility
3 to continue inpatient treatment where the director determines
4 such treatment is not medically indicated. Any dispute between a
5 director and an administrator as to the medical necessity for
6 voluntary inpatient treatment of a person shall be decided by
7 the Commissioner of Mental Health or the commissioner's
8 designate.
9 SUBCHAPTER C
10 JUDICIAL MATTERS
11 Sec.
12 921. Mental health review officers.
13 922. Documents.
14 923. Jurisdiction of legal proceedings.
15 § 921. Mental health review officers.
16 (a) Authorization to conduct proceedings.--Legal proceedings
17 concerning extended involuntary emergency treatment under
18 section 1303(c) (relating to extended involuntary emergency
19 treatment not to exceed 20 days), court-ordered involuntary
20 treatment under section 1304 (relating to court-ordered
21 involuntary treatment not to exceed 90 days) or 1305 (relating
22 to additional periods of court-ordered involuntary treatment) or
23 transfer hearings under section 1306 (relating to transfer of
24 persons in involuntary treatment) may be conducted by a judge of
25 the court of common pleas or by a mental health review officer
26 authorized by the court to conduct the proceedings. If the
27 mental health review officer finds that the requirements of the
28 applicable section have been met, the review officer shall so
29 certify and order involuntary examination and treatment.
30 (b) Qualifications.--Mental health review officers shall be
19890S0005B0005 - 55 -
1 qualified as set forth in 42 Pa.C.S. § 3101(b) (relating to
2 mental health review officers).
3 (c) Review of mental health review officer certification.--
4 In all cases in which the hearing is conducted by a mental
5 health review officer, a person made subject to treatment shall
6 have the right to petition the court of common pleas for review
7 of the certification. A hearing shall be held within 72 hours
8 after the petition is filed unless a continuance is requested by
9 the person's counsel. The hearing shall include a review of the
10 certification and such evidence as the court may receive or
11 require. If the court determines that further involuntary
12 treatment is necessary and that the procedures prescribed by
13 this part have been followed, it shall deny the petition.
14 Otherwise, the person shall be discharged.
15 (d) Participation in treatment plan.--Notwithstanding any
16 other provision of this part, no judge or mental health review
17 officer shall specify to the treatment team the adoption of any
18 treatment technique, modality or drug therapy.
19 § 922. Documents.
20 (a) Subject to penalties for false statements.--All written
21 statements pursuant to section 1302(a)(2) (relating to
22 involuntary emergency examination and treatment not to exceed
23 five business days) and all applications, petitions and
24 certifications required under the provisions of this part shall
25 be made subject to the penalties provided under 18 Pa.C.S. §
26 4904 (relating to unsworn falsification to authorities) and
27 shall contain a notice to that effect.
28 (b) Submission of documents to administrator.--All
29 applications, petitions, statements and certifications shall be
30 submitted to the administrator in the county where the person
19890S0005B0005 - 56 -
1 was made subject to examination and treatment and such other
2 county in this Commonwealth, if any, in which the person usually
3 resides.
4 (c) Exception for voluntary patients when public funds not
5 expended for care.--Subsections (a) and (b) do not apply to
6 patients admitted pursuant to Chapter 11 (relating to voluntary
7 examination and treatment) when no part of the patient's care is
8 provided with public funds, but the department may require
9 facilities to report clinical and statistical information so
10 long as the data does not identify individual patients.
11 § 923. Jurisdiction of legal proceedings.
12 (a) General rule.--The jurisdiction of the courts of common
13 pleas conferred by Chapters 11 (relating to voluntary
14 examination and treatment) and 13 (relating to involuntary
15 examination and treatment) shall be exercised initially by the
16 court for the county in which the subject of the proceedings is
17 or resides. Whenever involuntary treatment is ordered,
18 jurisdiction over any subsequent proceedings shall be retained
19 by the court in which the initial proceedings took place, but
20 may be transferred to the county of the person's usual
21 residence.
22 (b) Legal proceedings at facilities.--A judge of the court
23 of common pleas or a mental health review officer of the county
24 of venue may conduct legal proceedings at a facility where the
25 person is in treatment whether or not its location is within the
26 county.
27 CHAPTER 11
28 VOLUNTARY EXAMINATION AND TREATMENT
29 Sec.
30 1101. Persons who may authorize voluntary treatment.
19890S0005B0005 - 57 -
1 1102. Application.
2 1103. Explanation and consent.
3 1104. Notice to parents.
4 1105. Physical examination and treatment plan.
5 1106. Withdrawal from voluntary inpatient treatment.
6 1107. Release of persons 13 years of age or younger.
7 1108. Transfer of person in voluntary treatment.
8 § 1101. Persons who may authorize voluntary treatment.
9 (a) Persons 14 years of age or older.--Any person 14 years
10 of age or older who believes that treatment is needed and
11 substantially understands the nature of voluntary treatment may
12 submit to examination and treatment under this part, provided
13 that the decision to do so is made voluntarily.
14 (b) Persons 13 years of age or younger.--A parent, guardian,
15 or person standing in loco parentis to a child 13 years of age
16 or younger may subject the child to examination and treatment
17 under this part, and in so doing shall be deemed to be acting
18 for the child.
19 § 1102. Application.
20 (a) General rule.--Application for voluntary examination and
21 treatment shall be made to an approved facility or to the
22 administrator, Veterans' Administration or other Federal agency
23 operating a facility for the care and treatment of mental
24 illness.
25 (b) Designation of facility.--When application is made to
26 the administrator, the administrator shall designate the
27 approved facility for examination and for such treatment as may
28 be appropriate.
29 § 1103. Explanation and consent.
30 (a) Explanation.--Before a person is accepted for voluntary
19890S0005B0005 - 58 -
1 inpatient treatment, an explanation shall be made of the
2 treatment, including the types of treatment in which the person
3 may be involved, and any restraints or restrictions to which the
4 person may be subject, together with a statement of the person's
5 rights under this part.
6 (b) Consent.--Consent shall be in writing upon a form
7 adopted by the department and shall be part of the person's
8 record. The consent shall include the following representations:
9 (1) The person understands the treatment will involve
10 inpatient status.
11 (2) The person is willing to be admitted to a designated
12 facility for the purpose of examination and treatment.
13 (3) The person consents to admission voluntarily,
14 without coercion or duress.
15 (4) If applicable, the person has voluntarily agreed to
16 remain in treatment for a specified period of no longer than
17 72 hours after having given notice of intent to withdraw from
18 treatment.
19 § 1104. Notice to parents.
20 (a) General rule.--Upon the acceptance of an application for
21 examination and treatment by a minor 14 years of age or older
22 but under 18 years of age, the director of the facility shall
23 promptly notify the minor's parents, guardian or person standing
24 in loco parentis, and shall inform them of the right to be heard
25 upon the filing of an objection.
26 (b) Hearing.--Whenever an objection is filed pursuant to
27 subsection (a), a hearing shall be held within 72 hours by a
28 judge or mental health review officer, who shall determine
29 whether or not the voluntary treatment is in the best interest
30 of the minor.
19890S0005B0005 - 59 -
1 § 1105. Physical examination and treatment plan.
2 (a) Physical examination.--Upon acceptance of a person for
3 voluntary examination and treatment, the person shall be given a
4 physical examination.
5 (b) Treatment plan.--Within 72 hours after acceptance of a
6 person, an individualized treatment plan shall be formulated by
7 a treatment team. The person shall be advised of the treatment
8 plan, which shall become a part of the person's record. The
9 treatment plan shall state whether inpatient treatment is
10 considered necessary and what restraints or restrictions, if
11 any, will be administered, and shall set forth the bases for
12 those conclusions.
13 § 1106. Withdrawal from voluntary inpatient treatment.
14 (a) General rule.--A person in voluntary inpatient treatment
15 may withdraw at any time by giving written notice unless, as
16 stated in section 1103 (relating to explanation and consent),
17 the person has agreed in writing at the time of admission that
18 the person's release can be delayed following notice for a
19 period to be specified in the agreement, but the period shall
20 not exceed 72 hours.
21 (b) Requirement for persons who have transferred from
22 involuntary status.--Any patient converted from involuntary
23 treatment ordered pursuant to either section 1304 (relating to
24 court-ordered involuntary treatment not to exceed 90 days) or
25 1305 (relating to additional periods of court-ordered
26 involuntary treatment) to voluntary treatment status shall agree
27 to remain in treatment for 72 hours after having given written
28 notice of intent to withdraw from treatment.
29 § 1107. Release of persons 13 years of age or younger.
30 (a) Effected by parent or guardian.--The parent, legal
19890S0005B0005 - 60 -
1 guardian or person standing in loco parentis of a person 13
2 years of age or younger may effect the person's release.
3 (b) Upon petition of a responsible party.--Any responsible
4 party who believes that it would be in the best interest of a
5 person 13 years of age or younger in voluntary treatment to be
6 withdrawn therefrom or afforded treatment constituting a less
7 restrictive alternative may file a petition in the juvenile
8 court division of the court of common pleas for the county in
9 which the person 13 years of age or younger resides, requesting
10 a withdrawal from or modification of treatment.
11 (c) Appointment of counsel.--The court shall promptly
12 appoint an attorney for the minor person and schedule a hearing
13 to determine what inpatient treatment, if any, is in the minor's
14 best interest.
15 (d) Hearing.--The hearing shall be held within ten days of
16 receipt of the petition, unless continued upon the request of
17 the attorney for the minor. The hearing shall be conducted in
18 accordance with the rules governing other juvenile proceedings.
19 § 1108. Transfer of person in voluntary treatment.
20 A person who is in voluntary treatment may not be transferred
21 from one facility to another without the person's written
22 consent.
23 CHAPTER 13
24 INVOLUNTARY EXAMINATION AND TREATMENT
25 Sec.
26 1301. Persons who may be subject to involuntary emergency
27 examination and treatment.
28 1302. Involuntary emergency examination and treatment not to
29 exceed five business days.
30 1303. Extended involuntary emergency treatment not to exceed
19890S0005B0005 - 61 -
1 20 days.
2 1304. Court-ordered involuntary treatment not to exceed 90
3 days.
4 1305. Additional periods of court-ordered involuntary
5 treatment.
6 1306. Transfer of persons in involuntary treatment.
7 1307. Court-ordered involuntary outpatient treatment
8 procedures.
9 § 1301. Persons who may be subject to involuntary emergency
10 examination and treatment.
11 (a) General rule.--Any person who is severely mentally
12 disabled and in need of immediate treatment may be made subject
13 to involuntary emergency examination and treatment. A person is
14 severely mentally disabled when, as a result of mental illness,
15 the capacity to exercise self-control, judgment and discretion
16 in the conduct of personal affairs and social relations or to
17 care for personal needs is so lessened that the person poses a
18 clear and present danger of harm to others or to self or of
19 substantial damage to real or personal property. Past behavior
20 and medical history shall be relevant in determining whether a
21 person is severely mentally disabled and in need of immediate
22 treatment and poses a clear and present danger as defined in
23 this section.
24 (b) Determination of clear and present danger of harm to
25 others.--Clear and present danger of harm to others shall be
26 shown by establishing that within the past 60 days the person
27 has inflicted or attempted to inflict bodily harm on another or
28 substantial damage to the real or personal property of another
29 and there is a reasonable probability that such conduct will be
30 repeated. If the person has been found incompetent to be tried,
19890S0005B0005 - 62 -
1 has been detained because of pending criminal charges or has
2 been acquitted by reason of lack of criminal responsibility on
3 charges arising from conduct involving infliction of or attempt
4 to inflict bodily harm on another, the 60-day limitation shall
5 not apply so long as an application for examination and
6 treatment is filed within 30 days after the date of release from
7 detention or determination or verdict. In such case, a clear and
8 present danger of harm to others may be shown by establishing
9 that the conduct charged in the criminal proceeding did occur
10 and that there is a reasonable probability that the conduct will
11 be repeated.
12 (c) Determination of clear and present danger of harm to
13 self.--Clear and present danger of harm to self shall be shown
14 by establishing that within the past 60 days:
15 (1) the person has acted in such manner as to evidence
16 an inability, without care, supervision and the continued
17 assistance of others, to satisfy the need for nourishment,
18 personal or medical care, shelter or self-protection and
19 safety, and there is a reasonable probability that bodily
20 injury or serious physical debilitation would ensue within 30
21 days unless adequate treatment were afforded under this part;
22 (2) the person has attempted suicide and there is the
23 reasonable probability of suicide unless adequate treatment
24 is afforded under this part; or
25 (3) the person has caused or attempted substantial self-
26 mutilation and there is the reasonable probability of
27 mutilation unless adequate treatment is afforded under this
28 part.
29 (d) Effect of threats.--For the purposes of this section, a
30 clear and present danger of harm to others or self may be
19890S0005B0005 - 63 -
1 demonstrated by proof that the person has made threats to commit
2 harm within the past 60 days and has committed acts which are in
3 furtherance of the threat to commit harm or has made threats to
4 commit harm within the past 60 days and, based upon past
5 behavior, there is a reasonable probability that the threats may
6 be acted upon.
7 § 1302. Involuntary emergency examination and treatment not to
8 exceed five business days.
9 (a) Application for examination.--Emergency examination may
10 be undertaken at a treatment facility upon:
11 (1) the certification of a physician or licensed
12 psychologist stating the need for the examination;
13 (2) a warrant issued by the administrator authorizing
14 the examination; or
15 (3) without a warrant, application by a physician,
16 licensed psychologist or other authorized person who has
17 personally observed conduct of the person to be examined or
18 obtained statements from that person showing the need for the
19 examination.
20 (b) Warrant for emergency examination.--Upon written
21 application by a physician, licensed psychologist or other
22 responsible party setting forth facts constituting reasonable
23 grounds to believe a person is severely mentally disabled and in
24 need of immediate treatment, the administrator may issue a
25 warrant requiring a person authorized by the administrator, or
26 any peace officer, to take the person to the facility specified
27 in the warrant.
28 (c) Emergency examination without a warrant.--Upon personal
29 observation of the conduct of a person to be examined or
30 statements obtained from that person constituting reasonable
19890S0005B0005 - 64 -
1 grounds to believe that the person is severely mentally disabled
2 and in need of immediate treatment, any physician, licensed
3 psychologist or peace officer or anyone authorized by the
4 administrator may take the person to an approved facility for an
5 emergency examination. Upon arrival, a written statement setting
6 forth the grounds for believing the person to be in need of the
7 examination shall be made.
8 (d) Examination and determination of need for emergency
9 treatment.--A person taken to a facility shall be examined by a
10 physician within two hours of arrival in order to determine if
11 the person is severely mentally disabled and in need of
12 immediate treatment. If it is determined that the person is
13 severely mentally disabled and in need of emergency treatment,
14 treatment shall be begun immediately. If the physician does not
15 so find or if at any time it appears there is no longer a need
16 for immediate treatment, the person shall be discharged and
17 returned to any reasonable place of the person's choice. If the
18 person was brought to the facility by a law enforcement official
19 because of conduct constituting grounds for arrest, the facility
20 shall, upon written request by the official, promptly notify the
21 law enforcement authority of the pending discharge and shall
22 detain the person for a reasonable period of time to provide the
23 law enforcement authority with an opportunity to regain custody
24 of the person for disposition under Title 18 (relating to crimes
25 and offenses). The physician shall make a record of the
26 examination and the findings. In no event shall a person be
27 accepted for involuntary emergency treatment if a previous
28 application was granted for treatment and the new application is
29 not based on behavior occurring after the earlier application.
30 (e) Notification of rights at emergency examination.--Upon
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1 arrival at the facility, the person shall be informed of the
2 reasons for emergency examination and of the right to
3 communicate immediately with others and shall be given
4 reasonable use of the telephone. The person shall be requested
5 to furnish the names of parties to be notified and kept informed
6 of the person's custody and status.
7 (f) Duty of administrator.--The administrator shall:
8 (1) give notice to the parties named by the person of
9 the whereabouts and status of the person, how and when
10 contacts and visits may be made, and how they may obtain
11 information concerning the person while in inpatient
12 treatment; and
13 (2) take reasonable steps to assure that while the
14 person is detained, the health and safety needs of any
15 dependents are met, and that any personal property of and
16 premises occupied by the person are secure.
17 (g) Duration of emergency examination and treatment.--A
18 person who is in treatment pursuant to this section shall be
19 discharged whenever it is determined that the person no longer
20 is in need of treatment and, in any event, within five business
21 days, unless within that period:
22 (1) the person is admitted to voluntary treatment
23 pursuant to section 1102 (relating to application);
24 (2) a certification for extended involuntary emergency
25 treatment is filed pursuant to section 1303 (relating to
26 extended involuntary emergency treatment not to exceed 20
27 days); or
28 (3) upon hearing, the judge or mental health review
29 officer enters an order for up to 90 days of outpatient
30 treatment or partial hospitalization under section 1304
19890S0005B0005 - 66 -
1 (relating to court-ordered involuntary treatment not to
2 exceed 90 days), regardless of whether a prior order was
3 entered under section 1303.
4 (h) Licensed psychologist.--For the purposes of this
5 section, a licensed psychologist shall be a person licensed
6 under the act of March 23, 1972 (P.L.136, No.52), known as the
7 Professional Psychologists Practice Act, who is a graduate of an
8 accredited college or university and holds a degree of Doctor of
9 Philosophy in psychology, Doctor of Psychology, Doctor of
10 Education in psychology or a doctoral degree in a field related
11 to psychology.
12 § 1303. Extended involuntary emergency treatment not to exceed
13 20 days.
14 (a) Application.--Application for extended involuntary
15 emergency treatment may be filed for any person who is being
16 treated pursuant to section 1302 (relating to involuntary
17 emergency examination and treatment not to exceed five business
18 days) whenever the facility determines that the need for
19 emergency treatment is likely to extend beyond five business
20 days. The application shall be filed in the court of common
21 pleas and shall state the grounds on which extended emergency
22 treatment is believed to be necessary. The application shall
23 state the name of any examining physician and the substance of
24 the physician's opinion regarding the mental condition of the
25 person.
26 (b) Appointment of counsel and scheduling of informal
27 hearing.--Upon receiving an application, the court of common
28 pleas shall appoint an attorney who shall represent the person
29 unless it appears that the person can afford, and desires to
30 have, private representation. Within 24 hours after the
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1 application is filed, an informal hearing shall be conducted by
2 a judge or by a mental health review officer and, if
3 practicable, shall be held at the facility.
4 (c) Informal conference on extended emergency treatment
5 application.--
6 (1) At the commencement of the informal conference, the
7 judge or the mental health review officer shall inform the
8 person of the nature of the proceedings. Information relevant
9 to whether the person is severely mentally disabled and in
10 need of treatment shall be reviewed, including the reasons
11 that continued involuntary treatment is considered necessary.
12 This explanation shall be made by a physician who examined
13 the person and shall be in terms understandable to a layman.
14 The judge or mental health review officer may review any
15 relevant information even if it would be normally excluded
16 under rules of evidence if the information is reliable. The
17 person shall have the right to question the physician and
18 other witnesses and to present any relevant information. At
19 the conclusion of the review, if the judge or the review
20 officer finds that the person is severely mentally disabled
21 and in need of continued involuntary treatment, it shall be
22 certified. Otherwise, the discharge of the person shall be
23 directed.
24 (2) A record of the proceedings, which need not be a
25 stenographic record, shall be made and retained for at least
26 one year.
27 (d) Contents of certification.--A certification for extended
28 involuntary treatment shall be made in writing upon a form
29 adopted by the department and shall include:
30 (1) Findings by the judge or mental health review
19890S0005B0005 - 68 -
1 officer as to the reasons why extended involuntary emergency
2 treatment is necessary.
3 (2) A description of the treatment to be provided
4 together with an explanation of the adequacy and
5 appropriateness of that treatment, based upon the information
6 received at the hearing.
7 (3) Any documents required by the provisions of section
8 1302.
9 (4) The application.
10 (5) A statement that the person is represented by
11 counsel.
12 (6) An explanation of the effect of the certification,
13 the person's right to petition the court for release under
14 section 921(c) (relating to mental health review officers)
15 and the continuing right to be represented by counsel.
16 (e) Filing and service.--The certification shall be filed
17 with the director and a copy served on the person and all other
18 parties the person requested to be notified pursuant to section
19 1302(c) and on counsel.
20 (f) Effect of certification.--Upon the filing and service of
21 a certification for extended involuntary emergency treatment,
22 the person may be given treatment in an approved facility for a
23 period not to exceed 20 days.
24 (g) Duration of extended involuntary emergency treatment.--
25 Whenever a person is no longer severely mentally disabled or in
26 need of immediate treatment and, in any event, within 20 days
27 after the filing of the certification, the person shall be
28 discharged, unless within that period:
29 (1) the person is admitted to voluntary treatment
30 pursuant to section 1102 (relating to application); or
19890S0005B0005 - 69 -
1 (2) the court orders involuntary treatment pursuant to
2 section 1304 (relating to court-ordered involuntary treatment
3 not to exceed 90 days).
4 § 1304. Court-ordered involuntary treatment not to exceed 90
5 days.
6 (a) Procedures for persons already subject to involuntary
7 treatment.--
8 (1) A petition for court-ordered involuntary treatment
9 for persons already subject to treatment under sections 1303
10 (relating to extended involuntary emergency treatment not to
11 exceed 20 days) and 1305 (relating to additional periods of
12 court-ordered involuntary treatment) and this section who are
13 severely mentally disabled and in need of treatment may be
14 made by the administrator or the director to the court of
15 common pleas.
16 (2) The petition shall be in writing upon a form adopted
17 by the department and shall include a statement of the facts
18 constituting reasonable grounds to believe that the person is
19 severely mentally disabled and in need of treatment.
20 (3) For the purposes of this subsection, it shall be
21 sufficient to represent, and upon hearing to reestablish,
22 that the conduct originally required by section 1301
23 (relating to persons who may be subject to involuntary
24 emergency examination and treatment) in fact occurred and
25 that the person's condition continues to evidence a clear and
26 present danger of harm to self or others. In such event, it
27 shall not be necessary to show the recurrence of dangerous
28 conduct, either harmful or debilitating, within the past 60
29 days.
30 (4) The petition shall state the name of any examining
19890S0005B0005 - 70 -
1 physician and the substance of the physician's opinion
2 regarding the mental condition of the person. It shall also
3 state that the person has been given the information required
4 by paragraph (5).
5 (5) Upon the filing of the petition, the administrator
6 shall serve a copy on the person, the person's attorney and
7 those designated to be kept informed, as provided in section
8 1302(e) (relating to involuntary emergency examination and
9 treatment not to exceed five business days), including an
10 explanation of the nature of the proceedings, the person's
11 right to an attorney and the services of an expert in the
12 field of mental health, as provided by subsection (c).
13 (6) A hearing on the petition shall be held not more
14 than five days after the filing of the petition.
15 (7) Treatment shall be permitted to be maintained
16 pending the determination of the petition.
17 (b) Procedures for persons not in involuntary treatment.--
18 (1) Any responsible party may file a petition in the
19 court of common pleas requesting court-ordered involuntary
20 treatment for any person not already in involuntary treatment
21 who is severely mentally disabled and in need of treatment.
22 (2) The petition shall be in writing upon a form adopted
23 by the department and shall set forth facts constituting
24 reasonable grounds to believe that the person is severely
25 mentally disabled and in need of treatment. The petition
26 shall state the name of any examining physician and the
27 substance of the physician's opinion regarding the mental
28 condition of the person.
29 (3) Upon a determination that the petition sets forth
30 such reasonable cause, the court shall appoint an attorney to
19890S0005B0005 - 71 -
1 represent the person and set a date for the hearing as soon
2 as practicable. The attorney shall represent the person
3 unless it appears that the person can afford, and desires to
4 have, private representation.
5 (4) The court, by summons, shall direct the person to
6 appear for a hearing. The court may issue a warrant directing
7 a person authorized by the administrator or a peace officer
8 to bring the person before the court at the time of the
9 hearing if there are reasonable grounds to believe that the
10 person will not appear voluntarily. A copy of the petition
11 shall be served on the person at least three days before the
12 hearing together with a notice advising that an attorney has
13 been appointed who shall represent the person unless the
14 person personally obtains an attorney, that the person has a
15 right to be assisted in the proceedings by an expert in the
16 field of mental health and that the person may request or be
17 made subject to psychiatric examination under paragraph (5).
18 (5) Upon motion of either the petitioner or the person
19 or upon its own motion, the court may order the person to be
20 examined by a psychiatrist appointed by the court. The
21 examination shall be conducted on an outpatient basis, and
22 the person shall have the right to have counsel present. A
23 report of the examination shall be given to the court and
24 counsel at least 48 hours prior to the hearing.
25 (6) Involuntary treatment shall not be authorized during
26 the pendency of a petition except in accordance with section
27 1302 or 1303.
28 (c) Professional assistance.--A person with respect to whom
29 a hearing has been ordered under this section shall have and be
30 informed of a right to employ a physician, clinical psychologist
19890S0005B0005 - 72 -
1 or other expert in mental health of the person's choice to
2 provide assistance in connection with and testimony on the
3 person's behalf at the hearing. If the person cannot afford to
4 engage such a professional, the court shall, on application,
5 allow a reasonable fee for that purpose. The fee shall be a
6 charge against the mental health and mental retardation program
7 of the locality.
8 (d) Hearing on petition.--A hearing on a petition for court-
9 ordered involuntary treatment shall be conducted according to
10 the following:
11 (1) The person shall not be called as a witness without
12 the person's consent and shall have the right to confront and
13 cross-examine all witnesses and to present evidence in the
14 person's own behalf.
15 (2) The hearing shall be public unless it is requested
16 to be private by the person or counsel.
17 (3) A stenographic or other sufficient record shall be
18 made, which shall be impounded by the court and may be
19 obtained or examined only upon the request of the person or
20 counsel or by order of the court on good cause shown.
21 (4) The hearing may be held at a location other than a
22 courthouse when doing so appears to be in the best interest
23 of the person.
24 (5) A decision shall be rendered within 48 hours after
25 the close of evidence.
26 (e) Determination and order.--Upon a finding by clear and
27 convincing evidence that the person is severely mentally
28 disabled and in need of treatment and, in the case of persons
29 for whom petition is made under subsection (a), subject to the
30 provisions of paragraph (a)(3), an order shall be entered
19890S0005B0005 - 73 -
1 directing treatment of the person in an approved facility as an
2 inpatient or an outpatient, or a combination of such treatment
3 as the director shall from time to time determine. Inpatient
4 treatment shall be deemed appropriate only after full
5 consideration has been given to less restrictive alternatives.
6 Investigation of treatment alternatives shall include
7 consideration of the person's relationship to the community and
8 family, employment possibilities, all available community
9 resources and guardianship services. An order for inpatient
10 treatment shall include findings on this issue.
11 (f) Duration of court-ordered involuntary treatment.--A
12 person who is in treatment pursuant to this section shall be
13 discharged whenever it is determined that the person is no
14 longer in need of treatment and, in any event, within 90 days of
15 the court order, unless within that period:
16 (1) the person is admitted to voluntary treatment
17 pursuant to section 1102 (relating to application); or
18 (2) a petition for an additional period of court-ordered
19 involuntary treatment is filed pursuant to section 1305.
20 (g) Exception to subsection (f).--
21 (1) A person may be subject to court-ordered involuntary
22 treatment for a period not to exceed one year if:
23 (i) severe mental disability is based on acts giving
24 rise to charges under 18 Pa.C.S. § 2502 (relating to
25 murder), 2503 (relating to voluntary manslaughter), 2702
26 (relating to aggravated assault), 2901 (relating to
27 kidnapping), 3121(1) and (2) (relating to rape), 3123(1)
28 and (2) (relating to involuntary deviate sexual
29 intercourse) or 3301(a) through (d) (relating to arson
30 and related offenses) or attempts to commit any of these
19890S0005B0005 - 74 -
1 acts; and
2 (ii) a finding of incompetency to be tried or a
3 verdict of acquittal because of lack of criminal
4 responsibility has been entered.
5 (2) No person subjected to involuntary treatment
6 pursuant to this subsection may be discharged without a
7 hearing conducted pursuant to paragraph (3).
8 (3) Whenever the period of court-ordered involuntary
9 treatment under this subsection is about to expire and
10 neither the director nor the administrator intends to apply
11 for an additional period of court-ordered involuntary
12 treatment pursuant to section 1305 or at any time the
13 director concludes that the person is not severely mentally
14 disabled or in need of treatment, the director shall petition
15 the court which ordered the involuntary treatment for the
16 unconditional or conditional release of the person. Notice of
17 the petition shall be given to the person, the administrator
18 and the district attorney. Within 15 days after the petition
19 has been filed, the court shall hold a hearing to determine
20 if the person is severely mentally disabled and in need of
21 treatment. Petitions which must be filed simply because the
22 period of involuntary treatment will expire shall be filed at
23 least ten days prior to the expiration of the court-ordered
24 period of involuntary treatment. If the court determines
25 after hearing that the person is severely mentally disabled
26 and in need of treatment, it may order additional involuntary
27 treatment not to exceed one year; if the court does not so
28 determine, it shall order the discharge of the person.
29 (h) Notice of pending discharge.--The director shall notify
30 the administrator at least 10 days prior to the expiration of a
19890S0005B0005 - 75 -
1 period of involuntary treatment ordered under this section.
2 § 1305. Additional periods of court-ordered involuntary
3 treatment.
4 (a) Application.--At the expiration of a period of court-
5 ordered involuntary treatment under section 1304 (relating to
6 court-ordered involuntary treatment not to exceed 90 days) or
7 this section, the court may order treatment for an additional
8 period upon the application of the administrator or the director
9 of the facility in which the person is receiving treatment.
10 (b) Hearing and order.--Such order shall be entered upon
11 hearing on findings as required by section 1304(a) and the
12 further finding of a need for continuing involuntary treatment.
13 (c) Duration.--
14 (1) The additional period of involuntary treatment shall
15 not exceed 180 days.
16 (2) Persons meeting the criteria of section 1304(g) may
17 be subject to an additional period of up to one year of
18 involuntary treatment.
19 (d) Limitation for persons dangerous to self.--A person
20 found dangerous to self shall be subject to an additional period
21 of involuntary full-time inpatient treatment only if the person
22 has first been released to a less restrictive alternative. This
23 limitation does not apply where, upon application made by the
24 administrator or director, it is determined by a judge or mental
25 health review officer that such release would not be in the
26 person's best interest.
27 (e) Notice of pending discharge.--The director shall notify
28 the administrator at least ten days prior to the expiration of a
29 period of involuntary treatment ordered under this section.
30 § 1306. Transfer of persons in involuntary treatment.
19890S0005B0005 - 76 -
1 (a) General rule.--Subject to the provisions of subsections
2 (b), (c) and (d), persons in involuntary treatment pursuant to
3 this part may be transferred to any approved facility.
4 (b) Notice to court.--In the absence of an emergency,
5 persons committed pursuant to section 1304(g) (relating to
6 court-ordered involuntary treatment not to exceed 90 days) may
7 not be transferred unless written notice is given to the
8 committing judge and the district attorney in the committing
9 county and no objection is noted from either within 20 days of
10 receipt of the notice. If the court or the district attorney
11 objects to the transfer, a hearing shall be held by the court
12 within 20 days to review the commitment order. A decision shall
13 be rendered within 48 hours after the close of evidence.
14 (c) Hearing.--Whenever a transfer will constitute a greater
15 restraint, it shall not take place unless, upon hearing, a judge
16 or mental health review officer finds it necessary and
17 appropriate. This includes transfers from involuntary outpatient
18 to involuntary inpatient treatment.
19 (d) Transfers constituting an equal or lesser restraint.--
20 With the exception of those persons committed pursuant to
21 section 1304(g), transfers that constitute an equal or lesser
22 restraint will be based on a clinical decision and shall take
23 place without a hearing.
24 § 1307. Court-ordered involuntary outpatient treatment
25 procedures.
26 (a) Determination and order.--At the conclusion of a hearing
27 held pursuant to section 1304 (relating to court-ordered
28 involuntary treatment not to exceed 90 days) or 1305 (relating
29 to additional periods of court-ordered involuntary treatment),
30 if the judge or mental health review officer finds that the
19890S0005B0005 - 77 -
1 person is severely mentally disabled and in need of involuntary
2 treatment, but no longer poses an imminent clear and present
3 danger of harm to self or others, he shall so certify and may
4 order treatment in an outpatient facility. If the court orders
5 the person to receive outpatient treatment at a partial
6 hospitalization program or psychiatric outpatient clinic, the
7 court shall designate in its order the name of the administrator
8 who will be responsible for referring the person to the
9 appropriate community mental health provider and for supervising
10 the person's outpatient treatment. Persons receiving involuntary
11 outpatient treatment shall have their first appointment with the
12 treating facility within three working days of the effective
13 date of the court order, and an appropriate treatment plan
14 developed with the cooperation of the person shall be filed by
15 the treatment facility with the court authorizing treatment
16 within five working days of the person's first appointment.
17 (b) Transfers from involuntary inpatient to involuntary
18 outpatient treatment.--Persons who are receiving court-ordered
19 involuntary inpatient treatment pursuant to section 1304 or 1305
20 may be discharged and transferred from either a State or private
21 facility under section 1306 (relating to transfer of persons in
22 involuntary treatment) without a hearing to receive treatment in
23 approved less restrictive settings such as partial
24 hospitalization programs or psychiatric outpatient clinics. A
25 person's transfer from inpatient to outpatient facilities or
26 programs does not affect the original involuntary treatment
27 order.
28 (c) Transfers from involuntary outpatient to involuntary
29 inpatient treatment.--
30 (1) Persons who are receiving involuntary outpatient
19890S0005B0005 - 78 -
1 treatment may be transferred to involuntary inpatient
2 treatment after a hearing if they significantly violate the
3 terms of the order and the conditions present at the time of
4 the court order have worsened or if they comply with the
5 order but their condition deteriorates to the point that they
6 pose an imminent clear and present danger to self or others
7 and inpatient treatment appears necessary.
8 (2) If a transfer to involuntary inpatient treatment is
9 necessary and appropriate, the director or the administrator
10 may petition the court for a hearing pursuant to section
11 1306. The judge or mental health review officer may then
12 issue a warrant directing a person authorized by the
13 administrator or a peace officer to take the person for whom
14 transfer is requested to an approved inpatient facility for
15 examination and treatment pending the hearing which shall be
16 held within 72 hours.
17 (3) Upon hearing, the judge or mental health review
18 officer shall not order a longer involuntary treatment period
19 than the time remaining on the existing section 1304 or 1305
20 treatment order or shall order the person to return to
21 involuntary outpatient treatment for the same period of time.
22 Nothing in this section shall be construed as to deny the
23 director the ability to discharge the person.
24 CHAPTER 15
25 DETERMINATIONS AFFECTING THOSE CHARGED
26 WITH CRIME OR UNDER SENTENCE
27 Sec.
28 1501. Examination and treatment.
29 1502. Incompetence to proceed on criminal charges.
30 1503. Hearing and determination of incompetency to proceed.
19890S0005B0005 - 79 -
1 1504. Hearing and determination of criminal responsibility.
2 1505. Examination of person charged with crime as aid in
3 sentencing.
4 1506. Civil procedure for court-ordered involuntary treatment.
5 1507. Voluntary treatment.
6 § 1501. Examination and treatment.
7 (a) Initiation of proceedings.--Whenever a person who is
8 charged with crime, or who is undergoing sentence, is or becomes
9 severely mentally disabled, proceedings may be instituted for
10 examination and treatment under the civil provisions of this
11 part in the same manner as if the person were not so charged or
12 sentenced, except that a petition for involuntary treatment
13 under section 1304 (relating to court-ordered involuntary
14 treatment not to exceed 90 days) may be filed for a person who
15 is subject to section 1302 (relating to involuntary emergency
16 examination and treatment not to exceed five business days)
17 without applying for extended emergency involuntary treatment
18 under section 1303 (relating to extended involuntary emergency
19 treatment not to exceed 20 days), and for a person subject to
20 section 1303 prior to the expiration of the involuntary
21 treatment period. Proceedings under this section shall not be
22 initiated for examination and treatment at Veterans'
23 Administration facilities if the examination and treatment
24 requires the preparation of competency reports or the facility
25 is required to maintain custody and control over the person.
26 (b) Status in voluntary and involuntary treatment.--Whenever
27 a person who is detained on criminal charges or is incarcerated
28 is made subject to inpatient examination or treatment, the
29 person shall be transferred, for this purpose, to a mental
30 health facility. Transfer may be made to a Veterans'
19890S0005B0005 - 80 -
1 Administration facility provided that neither custody nor
2 control are required in addition to examination and treatment.
3 Individuals transferred to the Veterans' Administration are not
4 subject to return by the Federal agency to the authority
5 entitled to have them in custody.
6 (c) Security.--Proceedings under this section shall not
7 affect the conditions of security required by the person's
8 criminal detention or incarceration. During any period in which
9 a person has been transferred to a mental health facility,
10 provisions for the person's security shall continue to be
11 enforced, unless in the interim a pretrial release is effected,
12 or the term of imprisonment expires or is terminated, or it is
13 otherwise ordered by the court having jurisdiction over the
14 person's criminal status. In those instances where a person is
15 charged with offenses listed in section 1304(g) (relating to
16 court-ordered involuntary treatment not to exceed 90 days) and
17 where the court, after hearing, deems it desirable, security
18 equivalent to the institution in which the person is
19 incarcerated must be provided.
20 (d) Discharge.--Upon discharge from treatment, a person who
21 is or remains subject to a detainer or sentence shall be
22 returned to the authority entitled to custody.
23 (e) Credit toward time served.--The period of involuntary
24 treatment shall be credited as time served on account of any
25 sentence to be imposed on pending charges or any unexpired term
26 of imprisonment.
27 (f) Persons subject to the Juvenile Act.--As to any person
28 who is subject to a petition or who has been committed under 42
29 Pa.C.S. Ch. 63 (relating to juvenile matters), the civil
30 provisions or this part applicable to children of like age shall
19890S0005B0005 - 81 -
1 apply to all proceedings for examination and treatment. If the
2 person is in detention or is committed, the court having
3 jurisdiction under 42 Pa.C.S. Ch. 63 shall determine whether
4 those security conditions shall continue to be enforced during
5 any period of involuntary treatment and to whom the person
6 should be released thereafter.
7 § 1502. Incompetence to proceed on criminal charges.
8 (a) Definition of incompetency.--Whenever a person who has
9 been charged with a crime is found to be substantially unable to
10 understand the nature or object of the proceedings against the
11 person or to participate and assist in the person's defense, the
12 person shall be deemed incompetent to be tried, convicted or
13 sentenced so long as the incapacity continues.
14 (b) Involuntary treatment of persons who are not mentally
15 disabled.--Notwithstanding the provisions of Chapter 13
16 (relating to involuntary examination and treatment), a court may
17 order involuntary treatment of a person found incompetent to
18 stand trial but who is not severely mentally disabled.
19 Involuntary treatment ordered under this subsection shall not
20 exceed a specific period of 60 days. Involuntary treatment
21 pursuant to this subsection may be ordered only if the court is
22 reasonably certain that the involuntary treatment will provide
23 the defendant with the capacity to stand trial. The court may
24 order outpatient treatment, partial hospitalization or inpatient
25 treatment.
26 (c) Application for incompetency examination.--Application
27 to the court for an order directing an incompetency examination
28 may be presented by an attorney for the Commonwealth, a person
29 charged with a crime, the person's counsel or the warden or
30 other official in charge of the institution or place in which
19890S0005B0005 - 82 -
1 the person is detained. A person charged with crime shall be
2 represented either by counsel of the person's selection or by
3 court-appointed counsel.
4 (d) Hearing.--The court, either on application or on its own
5 motion, may order an incompetency examination at any stage in
6 the proceedings and may do so without a hearing unless the
7 examination is objected to by the person charged with a crime or
8 by the person's counsel. In the event the examination is
9 objected to, an examination shall be ordered only after
10 determination upon a hearing that there is a prima facie
11 question of incompetency.
12 (e) Conduct of examination.--When ordered by the court, an
13 incompetency examination shall take place under the following
14 conditions:
15 (1) It shall be conducted as an outpatient examination
16 unless an inpatient examination is, or has been, authorized
17 under another provision of this part.
18 (2) It shall be conducted by at least one psychiatrist
19 and may relate both to competency to proceed and to criminal
20 responsibility for the crime charged.
21 (3) The person shall be entitled to have counsel present
22 and shall not be required to answer any questions or to
23 perform tests unless the person has moved for or agreed to
24 the examination. Nothing said or done by the person during
25 the examination may be used as evidence against the person in
26 any criminal proceedings on any issue other than that of the
27 person's mental condition.
28 (f) Report.--A report shall be submitted to the court and to
29 counsel and shall contain a description of the examination,
30 which shall include:
19890S0005B0005 - 83 -
1 (1) A diagnosis of the person's mental condition.
2 (2) An opinion as to the person's capacity to understand
3 the nature and object of the criminal proceedings against the
4 person and to assist in the person's defense.
5 (g) Opinions regarding criminal responsibility.--When
6 requested, the report required in subsection (f) shall contain:
7 (1) An opinion as to the person's mental condition in
8 relation to the standards for criminal responsibility as
9 provided by law if it appears that the facts concerning the
10 person's mental condition may also be relevant to the
11 question of legal responsibility.
12 (2) An opinion as to whether the person had the capacity
13 to have a particular state of mind, where that state of mind
14 is a required element of the criminal charge.
15 (h) Experts.--The court may allow a psychiatrist retained by
16 the defendant and a psychiatrist retained by the Commonwealth to
17 witness and participate in the examination. Whenever a defendant
18 who is financially unable to retain such expert has a
19 substantial objection to the conclusions reached by the court-
20 appointed psychiatrist, the court shall allow reasonable
21 compensation for the employment of a psychiatrist of the
22 person's selection, which amount shall be chargeable against the
23 mental health and mental retardation program of the locality.
24 (i) Time limit on determination.--The determination of the
25 competency of a person who is detained under a criminal charge
26 shall be rendered by the court within 20 days after the receipt
27 of the report or examination unless the hearing was continued at
28 the person's request.
29 § 1503. Hearing and determination of incompetency to proceed.
30 (a) Burden of proof.--The moving party shall have the burden
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1 of establishing incompetency to proceed by clear and convincing
2 evidence. The determination shall be made by the court.
3 (b) Effect as stay.--A determination of incompetency to
4 proceed shall effect a stay of the prosecution for so long as
5 the incapacity persists. Any legal objections suitable for
6 determination prior to trial and without the personal
7 participation of the person charged may be raised and decided in
8 the interim.
9 (c) Defendant's right to counsel and reexamination.--A
10 person who is determined to be incompetent to proceed shall have
11 a continuing right to counsel so long as the criminal charges
12 are pending. Following the determination, the person charged
13 shall be reexamined not less than every 90 days by a
14 psychiatrist appointed by the court, and a report of
15 reexamination shall be submitted to the court and to counsel.
16 (d) Effect on criminal detention.--Whenever a person who has
17 been charged with a crime has been determined to be incompetent
18 to proceed, the person shall not for that reason alone be denied
19 pretrial release. Nor shall the person in any event be detained
20 on the criminal charge longer than the reasonable period of time
21 necessary to determine whether there is a substantial
22 probability that the person will attain that capacity in the
23 foreseeable future. If the court determines there is no such
24 probability, it shall discharge the person. Otherwise, the
25 person may continue to be criminally detained so long as the
26 probability exists but in no event longer than the period of
27 time specified in subsection (f).
28 (e) Resumption of proceedings or dismissal.--When the court,
29 on its own motion or upon the application of the attorney for
30 the Commonwealth or counsel for the defendant, determines that
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1 the person has regained competency to proceed, the proceedings
2 shall be resumed. If the court is of the opinion that by reason
3 of the passage of time and its effect upon the criminal
4 proceedings it would be unjust to resume the prosecution, the
5 court may dismiss the charge and order the person discharged.
6 (f) Duration of stay of proceedings.--In no instance, except
7 in cases of first and second degree murder, shall the
8 proceedings be stayed for a period in excess of the maximum
9 sentence of confinement that may be imposed for the crime or
10 crimes charged, or ten years, whichever is less. In cases of a
11 charge of murder of the first or second degree, there shall be
12 no limit on the period during which proceedings may be stayed.
13 (g) Procedure when person is discharged.--If the defendant
14 is discharged pursuant to subsection (d) but the charges remain
15 open pursuant to subsection (f), the court discharging the
16 defendant shall, on its own motion or on the motion of the
17 Commonwealth or on the motion of the defense, order the
18 defendant to submit to a psychiatric examination every 12 months
19 after the discharge to determine whether the defendant has
20 become competent to proceed to trial. If an examination reveals
21 that the defendant has regained competency to proceed, then a
22 hearing shall be scheduled, and the court shall determine, after
23 a full and fair hearing, whether the defendant is competent to
24 proceed. If the defendant is adjudged competent, then trial
25 shall commence within 90 days of the adjudication. If the
26 examination reveals that the defendant is incompetent to
27 proceed, the court shall order the defendant to submit to a new
28 competency examination in 12 months.
29 § 1504. Hearing and determination of criminal responsibility.
30 (a) Determination by court.--At a hearing under section 1503
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1 (relating to hearing and determination of incompetency to
2 proceed) the court may, in its discretion, also hear evidence on
3 whether the person was criminally responsible for the commission
4 of the crime charged. It shall do so in accordance with the
5 rules governing the consideration and determination of the same
6 issue at criminal trial. If the person is found to have lacked
7 criminal responsibility, an acquittal shall be entered. If the
8 person is not so acquitted, the person may raise the defense at
9 trial.
10 (b) Opinion evidence on mental condition.--At a hearing
11 under section 1503 or upon trial, a psychiatrist appointed by
12 the court may be called as a witness by the attorney for the
13 Commonwealth or by the defendant, and each party may also summon
14 any other psychiatrist or other expert to testify.
15 (c) Bifurcation of issues or trial.--Upon trial, the court,
16 in the interest of justice, may direct that the issue of
17 criminal responsibility be heard and determined separately from
18 the other issues in the case and, in a trial by jury, that the
19 issue of criminal responsibility be submitted to a separate
20 jury. Upon a request for bifurcation, the court shall consider
21 the substantiality of the defense of lack of responsibility and
22 its effect upon other defenses, and the probability of a fair
23 trial.
24 § 1505. Examination of person charged with crime as aid in
25 sentencing.
26 Whenever a person who has been criminally charged is to be
27 sentenced, the court may defer sentence and order an examination
28 for mental illness to aid it in the determination of
29 disposition. This action may be taken on the court's initiative
30 or on the application of the attorney for the Commonwealth, the
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1 person charged, the person's counsel or any other person acting
2 in the person's interest. If at the time of sentencing the
3 person is not in detention, examination shall be on an
4 outpatient basis unless inpatient examination for this purpose
5 is ordered pursuant to the civil involuntary treatment
6 provisions of Chapter 13 (relating to involuntary examination
7 and treatment).
8 § 1506. Civil procedure for court-ordered involuntary
9 treatment.
10 Upon a finding of incompetency to stand trial under section
11 1503 (relating to hearing and determination of incompetency to
12 proceed), after an acquittal by reason of lack of responsibility
13 under section 1504 (relating to hearing and determination of
14 criminal responsibility) or following an examination in aid of
15 sentencing under section 1505 (relating to examination of person
16 charged with crime as aid in sentencing), the attorney for the
17 Commonwealth, on his own or acting at the direction of the
18 court, the defendant, the defendant's counsel, the administrator
19 or any other interested party may petition the same court for an
20 order directing involuntary treatment under section 1304
21 (relating to court-ordered involuntary treatment not to exceed
22 90 days).
23 § 1507. Voluntary treatment.
24 (a) Certification by physician required.--Whenever a person
25 in criminal detention, whether in lieu of bail or serving a
26 sentence, believes that treatment is needed and substantially
27 understands the nature of voluntary treatment, the person may
28 submit himself to examination and treatment under this part,
29 provided that at least one physician certifies the necessity of
30 treatment and certifies further that treatment cannot be
19890S0005B0005 - 88 -
1 adequately provided at the prison or correctional facility where
2 the person then is detained. The certificate shall set forth the
3 specific grounds which make transfer to a mental health facility
4 necessary. The correctional facility shall secure a written
5 acceptance of the person for inpatient treatment from the mental
6 health facility and shall forward the acceptance to the court.
7 (b) Notice to district attorney.--Before any inmate of a
8 prison or correctional facility may be transferred to a mental
9 health facility for the purpose of examination and treatment,
10 the district attorney shall be notified by the correctional
11 facility and shall be given up to 14 days after receipt of
12 notification to conduct an independent examination of the
13 defendant. The court shall review the certification of the
14 physician that the transfer is necessary and the recommendation
15 of the physician for the Commonwealth and may request any other
16 information concerning the necessity of the transfer. Upon the
17 motion of the district attorney, a hearing shall be held on the
18 question of the voluntary treatment of a person charged with a
19 crime or serving a sentence. Upon this review, the court shall
20 either approve or disapprove the transfer.
21 (c) Venue.--Where possible, the sentencing judge shall
22 preside at a hearing under this section. Except as otherwise
23 prescribed by general rules, venue of matters under this section
24 shall be in the judicial district in which the person is charged
25 or was sentenced.
26 (d) Reports.--A report of the person's mental condition
27 shall be made by the mental health facility to the court within
28 30 days of the person's transfer to the facility. The report
29 shall also set forth the specific grounds which require
30 continued treatment at a mental health facility. After the
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1 initial report the facility shall thereafter report to the court
2 every 180 days.
3 (e) Withdrawal from treatment.--If at any time the person
4 gives notice of intent to withdraw from treatment at the mental
5 health facility, the person shall be returned to the authority
6 entitled to custody, or proceedings may be initiated under
7 section 1304 (relating to court-ordered involuntary treatment
8 not to exceed 90 days). During the pendency of any petition
9 filed under section 1304 concerning a person in treatment under
10 this section, the mental health facility shall have authority to
11 detain the person regardless of the provisions of section 1103
12 (relating to explanation and consent), provided that the hearing
13 under section 1304 is conducted within seven days of the time
14 the person gives notice of intent to withdraw from treatment.
15 (f) Credit for time served.--The period of voluntary
16 treatment under this section shall be credited as time served on
17 account of any sentence to be imposed on pending charges or any
18 unexpired term of imprisonment.
19 PART III
20 MENTAL RETARDATION
21 (RESERVED)
22 PART IV
23 SPECIAL PROVISIONS RELATING TO PATIENTS
24 Chapter
25 23. General Provisions
26 CHAPTER 23
27 GENERAL PROVISIONS
28 Sec.
29 2301. Powers and duties of director of facility.
30 2302. Transportation.
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1 2303. Mechanical restraints.
2 2304. Patient rights.
3 2305. Escapes.
4 2306. Penalties.
5 2307. Funds of patients.
6 § 2301. Powers and duties of director of facility.
7 (a) Provision of services.--The director of any facility
8 shall be in charge of all services afforded to any person
9 receiving inpatient services in the facility, including all
10 maintenance services, custody and employment of such persons,
11 and shall also be in charge of the diagnosis, treatment and care
12 to be given the person by reason of mental or physical
13 disability. If the director is not a physician, a physician
14 shall be in charge of all medical diagnosis, treatment and care
15 to be rendered such persons.
16 (b) Counseling.--The director of any facility, in his
17 discretion, may allow any person receiving inpatient services to
18 be treated or counseled by the person's family or personal
19 psychiatrist, physician or other medical practitioner,
20 psychologist, social worker or other person. If personal
21 treatment or counseling is allowed, it shall be subject to the
22 supervision of the physician bearing medical responsibility for
23 the facility, if any. Where a physician is not necessary to the
24 operation of the facility, the personal treatment or counseling
25 shall be under the supervision of the director.
26 (c) Elective surgery.--The director of any facility may in
27 his discretion, with the advice of two physicians not employed
28 by the facility, determine when elective surgery should be
29 performed upon any mentally disabled person receiving inpatient
30 services in the facility where the person does not have a living
19890S0005B0005 - 91 -
1 parent, spouse, issue, next of kin or legal guardian as fully
2 and to the same effect as if the director had been appointed
3 guardian and had applied to and received the approval of an
4 appropriate court therefor.
5 § 2302. Transportation.
6 Whenever the transportation of a mentally disabled person
7 from one place to another is necessary to effect admission to,
8 commitment in or transfer between facilities and circumstances
9 permit, the person shall be accompanied by a relative or other
10 suitable person.
11 § 2303. Mechanical restraints.
12 (a) During transportation.--Mechanical restraints shall not
13 be used or applied to a mentally disabled person, except when
14 necessary to prevent the person from harming self or others when
15 being transported.
16 (b) Medically necessary.--Mechanical restraints may be used
17 whenever the director or his designee determines that they are
18 required by the medical needs of the person receiving services
19 or benefits, in which case they may be used or applied only in
20 accordance with regulations of the department.
21 § 2304. Patient rights.
22 (a) Mentally retarded persons.--Every person receiving
23 services or benefits or detained in any facility for the
24 mentally retarded shall have the right to:
25 (1) Communicate with and be alone at any interview with
26 counsel or a representative of the department, and send
27 sealed communications to the director, any member of his
28 family, the department, the court, if any, which committed
29 him, and the Governor.
30 (2) Religious freedom, and be visited by a clergyman.
19890S0005B0005 - 92 -
1 Religious ministration rendered by a clergyman shall be
2 personal to the person desiring it and shall not interfere
3 with the established order of religious services available in
4 the institution. In his discretion, the director may exclude
5 any particular minister or prohibit any religious
6 ministration or service if it interferes with the
7 administration or security of the facility or with the
8 general welfare, care and treatment of any person receiving
9 services or benefits.
10 (3) Be employed at a useful occupation insofar as the
11 condition of the patient may benefit therefrom and the
12 facility is able to furnish useful employment to the person.
13 (4) In the discretion of the director, sell articles,
14 the product of the person's individual skill and labor, and
15 the produce of any small individual plot of ground which may
16 be assigned to and cultivated by the person, and keep or
17 expend the proceeds thereof or send the same to his family.
18 (5) Be furnished with writing materials and reasonable
19 opportunity, in the discretion of the director, for
20 communicating with any person outside of the institution.
21 Communications shall be stamped and mailed.
22 (6) Be released as soon as care and treatment in a
23 facility is no longer necessary.
24 (7) Request the department to arrange for the
25 examination of the person's mental condition by a physician
26 not associated with the department. The department may refuse
27 to grant the request only when it is made sooner than six
28 months after the person's admission or commitment or sooner
29 than one year after a previous examination under this
30 paragraph.
19890S0005B0005 - 93 -
1 (b) Mentally ill persons in general.--All mentally ill
2 persons receiving treatment, whether on an inpatient, outpatient
3 or partial hospitalization basis, shall have the right to:
4 (1) Be treated with dignity and respect.
5 (2) Conduct their personal affairs, obtain a driver's
6 license or professional license, marry, divorce or execute a
7 will.
8 (3) Participate in the development and review of their
9 treatment plans.
10 (4) Receive treatment in the least restrictive setting
11 necessary to accomplish treatment goals.
12 (5) Care and treatment in an appropriate setting.
13 (6) Not be subject to any harsh or unusual treatment.
14 (7) Receive information on grievance procedures within
15 the facility providing treatment.
16 (8) Be told what medications have been prescribed, their
17 purpose and possible side effects.
18 (9) Confidentiality of information, except as provided
19 in section 112 (relating to confidentiality of records).
20 (10) Access to, and the opportunity to copy, their
21 records which may be denied only:
22 (i) upon documentation by the treatment team leader
23 when it is determined by the director that disclosure of
24 specific information concerning treatment will constitute
25 a substantial detriment to the patient's treatment; or
26 (ii) when disclosure of specific information will
27 reveal the identity of persons or breach the trust of
28 persons who have provided confidential information.
29 (c) Mentally ill persons in facilities.--All mentally ill
30 persons receiving treatment in any facility shall have the right
19890S0005B0005 - 94 -
1 to:
2 (1) Unrestricted, private communication inside and
3 outside the facility.
4 (2) Peaceful assembly.
5 (3) Join with other patients to organize a body of or
6 participate in patient government unless the facility has,
7 for good cause, determined patient government to not be
8 feasible.
9 (4) Assistance by an advocate of the person's choice in
10 the assertion of the person's rights and private consultation
11 with a lawyer at any time.
12 (5) Have complaints heard and adjudicated promptly.
13 (6) Receive visitors of the person's choice at
14 reasonable hours unless the treatment team has determined in
15 advance that a visitor would seriously interfere with the
16 treatment or welfare of the person or others.
17 (7) Receive and send unopened letters and to have
18 outgoing letters stamped and mailed, except that incoming
19 mail may be examined for good reason in the person's presence
20 for specific property which entails a threat to the person's
21 health and welfare or to the hospital community.
22 (8) Access to a telephone designated for patient use.
23 (9) Practice or abstain from religious activities.
24 (10) Keep and use personal possessions, unless it has
25 been determined that specific personal property entails a
26 threat to the person's health and welfare or to the facility
27 community; reasons for imposing limitations must be clearly
28 defined, recorded and explained.
29 (11) Sell and retain the proceeds of personal property
30 made by the person.
19890S0005B0005 - 95 -
1 (12) Be discharged from the facility as soon as the
2 person no longer needs care and treatment.
3 (13) Be discharged from the facility if the person has
4 been involuntarily committed in accordance with civil court
5 proceedings, is not receiving treatment, is not dangerous to
6 self or others and can survive safely in the community.
7 (14) Be paid for any work done which benefits the
8 operation and maintenance of the facility in accordance with
9 existing Federal wage and hour regulations.
10 (d) Protection and advocacy for mentally ill persons.--The
11 State system established under the Protection and Advocacy for
12 Mentally Ill Individuals Act of 1986 (Public Law 99-319, 42
13 U.S.C. § 10801 et seq.) is authorized to assist all mentally ill
14 persons in asserting and protecting their rights under this
15 section.
16 § 2305. Escapes.
17 (a) Notification to law enforcement personnel.--Whenever any
18 committed person who may be dangerous to the safety of the
19 public or himself escapes from a facility, it is the duty of the
20 director to promptly notify the local, county and State law
21 enforcement officers.
22 (b) Duty of police.--Upon receipt of the notice, it is the
23 duty of the local, county and State law enforcement officers to
24 direct an officer to apprehend the escapee.
25 (c) Proper person to apprehend patient.--Any patient who
26 escapes from a facility may be apprehended and returned thereto
27 by any sheriff, constable or police officer, or by any officer
28 or employee of the facility.
29 (d) Penalty.--Any person charged with a crime or under
30 sentence who is detained in a facility under the provisions of
19890S0005B0005 - 96 -
1 this title who escapes from the facility shall be subject to
2 prosecution and conviction under 18 Pa.C.S. Ch. 51 Subch. B
3 (relating to escape).
4 § 2306. Penalties.
5 (a) Offenses defined.--It shall be unlawful for:
6 (1) Any person to deliver or cause to be delivered any
7 alcoholic or other intoxicating or narcotic substance to any
8 person in a facility without the knowledge or consent of the
9 director thereof.
10 (2) Any person to directly or indirectly sell, give or
11 furnish to any person receiving services or benefits or
12 detained in a facility any weapon or other instrument which
13 may be used to inflict injury unless the instrument is a tool
14 of the activity in which the person has permission to engage.
15 (3) Any person to aid or assist any person committed in
16 any facility to make or attempt to make an escape therefrom
17 or to connive in any way at any escape or attempt at escape.
18 (4) Any person, corporation, partnership or association
19 to willfully cause or conspire with or assist another to
20 cause the unwarranted detention or commitment or any person
21 under the provisions of this title, or the denial to any
22 person of any of the rights accorded to him under the
23 provisions of this title.
24 (5) Any person to disclose without authority the
25 contents of any records or reports touching upon any matter
26 concerning a person who has been receiving services or
27 benefits or detained pursuant to the provisions of this
28 title.
29 (6) Any physician to knowingly make any false statement,
30 certificate or report which aids in or causes a person to be
19890S0005B0005 - 97 -
1 admitted, committed or detained pursuant to the provisions of
2 this title.
3 (b) Grading.--A person who violates this section commits a
4 misdemeanor of the third degree except that, if these acts are
5 committed by a corporation, partnership or association, the
6 officers and directors of the corporation or the members of the
7 partnership or association, its agents and employees who
8 knowingly participated in those acts also commit a misdemeanor
9 of the third degree.
10 § 2307. Funds of patients.
11 Each State hospital and State center shall have an autonomous
12 office known as the guardian office with the authority to
13 implement and administer a system of patient money management
14 under regulations promulgated by the department. The guardian
15 office at each institution may accept appointment as
16 representative payee of Federal benefits for incompetent
17 patients and residents but must immediately petition the court
18 to be appointed guardian of the estate of the incompetent. The
19 guardian office may, with their consent, assist competent
20 patients and residents in managing their funds.
21 PART V
22 INTERSTATE RELATIONS
23 Chapter
24 25. Interstate Compact on Mental Health
25 27. Reciprocal Agreements with Other States
26 CHAPTER 25
27 INTERSTATE COMPACT ON MENTAL HEALTH
28 Sec.
29 2501. Compact provisions.
30 2502. Compact administrator.
19890S0005B0005 - 98 -
1 2503. Supplementary agreements.
2 2504. Financial obligations.
3 2505. Consultation with families of transferees.
4 2506. Limitation of compact applicability.
5 2507. Commitment or transfers to facilities of Federal
6 Government or another state.
7 § 2501. Compact provisions.
8 The Governor is hereby authorized and directed to execute a
9 compact on behalf of the Commonwealth of Pennsylvania with any
10 other state or states legally joining therein in form
11 substantially as follows:
12 INTERSTATE COMPACT ON MENTAL HEALTH
13 The contracting states solemnly agree that:
14 Article I
15 The party states find that the proper and expeditious
16 treatment of the mentally ill and mentally deficient can be
17 facilitated by cooperative action to the benefit of the
18 patients, their families and society as a whole. Further, the
19 party states find that the necessity of and desirability for
20 furnishing such care and treatment bears no primary relation to
21 the residence or citizenship of the patient but that, on the
22 contrary, the controlling factors of community safety and
23 humanitarianism require that facilities and services be made
24 available for all who are in need of them. Consequently, it is
25 the purpose of this compact and of the party states to provide
26 the necessary legal basis for the institutionalization or other
27 appropriate care and treatment of the mentally ill and mentally
28 deficient under a system that recognizes the paramount
29 importance of patient welfare and to establish the
30 responsibilities of the party states in terms of such welfare.
19890S0005B0005 - 99 -
1 Article II
2 As used in this compact:
3 (1) "Sending states" shall mean a party state from which
4 a patient is transported pursuant to the provisions of the
5 compact or from which it is contemplated that a patient may
6 be so sent.
7 (2) "Receiving state" shall mean a party state to which
8 a patient is transported pursuant to the provisions of the
9 compact or to which it is contemplated that a patient may be
10 so sent.
11 (3) "Institution" shall mean any hospital or other
12 facility maintained by a party state or political subdivision
13 thereof for the care and treatment of mental illness or
14 mental deficiency.
15 (4) "Patient" shall mean any person subject to or
16 eligible as determined by the laws of the sending state for
17 institutionalization or other care, treatment or supervision
18 pursuant to the provisions of this compact.
19 (5) "Aftercare" shall mean care, treatment and services
20 provided a patient as defined herein on convalescent status
21 or conditional release.
22 (6) "Mental illness" shall mean mental disease to such
23 extent that a person so afflicted requires care and treatment
24 for his own welfare or the welfare of others or of the
25 community.
26 (7) "Mental deficiency" shall mean mental deficiency as
27 defined by appropriate clinical authorities to such extent
28 that a person so afflicted is incapable of managing himself
29 and his affairs but shall not include mental illness as
30 defined herein.
19890S0005B0005 - 100 -
1 (8) "State" shall mean any state, territory or
2 possession of the United States, the District of Columbia and
3 the Commonwealth of Puerto Rico.
4 (9) "Court" shall mean the court of common pleas or
5 other court of record having jurisdiction or law judge
6 thereof of the county in which the patient is or resides.
7 Article III
8 (a) Whenever a person physically present in any state shall
9 be in need of institutionalization by reason of mental illness
10 or mental deficiency, he shall be eligible for care and
11 treatment in an institution in that state, irrespective of his
12 residence, settlement or citizenship qualifications.
13 (b) The provisions of paragraph (a) of this article to the
14 contrary notwithstanding, any patient may be transferred to an
15 institution in another state whenever there are factors based
16 upon clinical determinations indicating that the care and
17 treatment of the patient would be facilitated or improved
18 thereby. Any such institutionalization may be for the entire
19 period of care and treatment or for any portion or portions
20 thereof. The factors referred to in this paragraph shall include
21 the patient's full record with due regard for the location of
22 the patient's family, character of the illness and probable
23 duration thereof and such other factors as shall be considered
24 appropriate.
25 (c) No state shall be obliged to receive any patient
26 pursuant to the provisions of paragraph (b) of this article
27 unless the sending state has given advance notice of its
28 intention to send the patient, furnished all available medical
29 and other pertinent records concerning the patient, giving the
30 qualified medical or other appropriate clinical authorities of
19890S0005B0005 - 101 -
1 the receiving state an opportunity to examine the patient, if
2 the authorities so wish and unless the receiving state shall
3 agree to accept the patient.
4 (d) In the event that the laws of the receiving state
5 establish a system of priorities for the admission of patients,
6 an interstate patient under this compact shall receive the same
7 priority as a local patient and shall be taken in the same order
8 and at the same time that he would be taken if he were a local
9 patient.
10 (e) Pursuant to this compact, the determination as to the
11 suitable place of institutionalization for a patient may be
12 reviewed at any time and such further transfer of the patient
13 may be made as seems likely to be in the best interest of the
14 patient.
15 Article IV
16 (a) Whenever, pursuant to the laws of the state in which a
17 patient is physically present, it shall be determined that the
18 patient should receive aftercare or supervision, such care or
19 supervision may be provided in a receiving state. If the medical
20 or other appropriate clinical authorities having responsibility
21 for the care and treatment of the patient in the sending state
22 shall have reason to believe that aftercare in another state
23 would be in the best interest of the patient and would not
24 jeopardize the public safety, they shall request the appropriate
25 authorities in the receiving state to investigate the
26 desirability of affording the patient such aftercare in the
27 receiving state, and such investigation shall be made with all
28 reasonable speed. The request for investigation shall be
29 accompanied by complete information concerning the patient's
30 intended place of residence and the identity of the person in
19890S0005B0005 - 102 -
1 whose charge it is proposed to place the patient, the complete
2 medical history of the patient and such other documents as may
3 be pertinent.
4 (b) If the medical or other appropriate clinical authorities
5 having responsibility for the care and treatment of the patient
6 in the sending state and the appropriate authorities in the
7 receiving state find that the best interest of the patient would
8 be served thereby and if the public safety would not be
9 jeopardized thereby, the patient may receive aftercare or
10 supervision in the receiving state.
11 (c) In supervising, treating or caring for a patient on
12 aftercare pursuant to the terms of this article, a receiving
13 state shall employ the same standards of visitation,
14 examination, care and treatment that it employs for similar
15 local patients.
16 Article V
17 Whenever a dangerous or potentially dangerous patient escapes
18 from an institution in any party state, that state shall
19 promptly notify all appropriate authorities within and without
20 the jurisdiction of the escape in a manner reasonably calculated
21 to facilitate the speedy apprehension of the escapee.
22 Immediately upon the apprehension and identification of any such
23 dangerous or potentially dangerous patient, he shall be detained
24 in the state where found, pending disposition in accordance with
25 law.
26 Article VI
27 The duly accredited officers of any state party to this
28 compact, upon the establishment of their authority and the
29 identity of the patient, shall be permitted to transport any
30 patient being moved pursuant to this compact through any and all
19890S0005B0005 - 103 -
1 states party to this compact without interference.
2 Article VII
3 (a) No person shall be deemed a patient of more than one
4 institution at any given time. Completion of transfer of any
5 patient to an institution in a receiving state shall have the
6 effect of making the person a patient of the institution in the
7 receiving state.
8 (b) The sending state shall pay all costs of and incidental
9 to the transportation of any patient pursuant to this compact,
10 but any two or more party states may, by making a specific
11 agreement for that purpose, arrange for a different allocation
12 of costs as among themselves.
13 (c) No provision of this compact shall be construed to alter
14 or affect any internal relationships among the departments,
15 agencies and officers of and in the government of a party state
16 or between a party state and its subdivisions as to the payment
17 of costs or responsibilities therefor.
18 (d) Nothing in this compact shall be construed to prevent
19 any party state or subdivision thereof from asserting any right
20 against any person, agency or other entity in regard to costs
21 for which such party state or subdivision thereto may be
22 responsible pursuant to any provision of this compact.
23 (e) Nothing in this compact shall be construed to invalidate
24 any reciprocal agreement between a party state and a nonparty
25 state relating to institutionalization, care or treatment of the
26 mentally ill or mentally deficient or any statutory authority
27 pursuant to which such agreements may be made.
28 Article VIII
29 (a) Nothing in this compact shall be construed to abridge,
30 diminish or in any way impair the rights, duties and
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1 responsibilities of any patient's guardian on his own behalf or
2 in respect of any patient for whom he may serve, except that,
3 where the transfer of any patient to another jurisdiction makes
4 advisable the appointment of a supplemental or substitute
5 guardian, any court of competent jurisdiction in the receiving
6 state may make such supplemental or substitute appointment and
7 the court which appointed the previous guardian shall, upon
8 being duly advised of the new appointment and upon the
9 satisfactory completion of such accounting and other acts as
10 such court may by law require, relieve the previous guardian of
11 power and responsibility to whatever extent shall be appropriate
12 in the circumstances: Provided, however, That, in the case of
13 any patient having settlement in the sending state, the court of
14 competent jurisdiction in the sending state shall have the sole
15 discretion to relieve a guardian appointed by it or continue his
16 power and responsibility, whichever it shall deem advisable. The
17 court in the receiving state may, in its discretion, confirm or
18 reappoint the person or persons previously serving as guardian
19 in the sending state in lieu of making a supplemental or
20 substitute appointment. No mentally ill or mentally deficient
21 patient shall be transferred between party states until consent
22 has been obtained from the person legally responsible for the
23 patient's maintenance.
24 (b) The term "guardian," as used in paragraph (a) of this
25 article, shall include any guardian, trustee, legal committee,
26 conservator or other person or agency however denominated who is
27 charged by law with power to act for or responsibility for the
28 person or property of a patient.
29 Article IX
30 (a) No provision of this compact, except Article V, shall
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1 apply to any person institutionalized while under sentence in a
2 penal or correctional institution or while subject to trial on a
3 criminal charge or whose institutionalization is due to the
4 commission of an offense for which, in the absence of mental
5 illness or mental deficiency, the person would be subject to
6 incarceration in a penal or correctional institution.
7 (b) To every extent possible, it shall be the policy of
8 states party to this compact that no patient shall be placed or
9 detained in any prison, jail or lockup but such patient shall,
10 with all expedition, be taken to a suitable institutional
11 facility for mental illness or mental deficiency.
12 Article X
13 (a) Each party state shall appoint a "compact administrator"
14 who on behalf of his state shall act as general coordinator of
15 activities under the compact in his state and who shall receive
16 copies of all reports, correspondence and other documents
17 relating to any patient processed under the compact by his
18 state, either in the capacity of sending or receiving state. The
19 compact administrator or his duly designated representative
20 shall be the official with whom other party states shall deal in
21 any matter relating to the compact or any patient processed
22 thereunder.
23 (b) The compact administrators of the respective party
24 states shall have power to promulgate reasonable rules and
25 regulations to carry out more effectively the terms and
26 provisions of this compact.
27 Article XI
28 The duly constituted administrative authorities of any two or
29 more party states may enter into supplementary agreements for
30 the provision of any service or facility or for the maintenance
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1 of any institution on a joint or cooperative basis whenever the
2 states concerned shall find that such agreements will improve
3 services, facilities or institutional care and treatment in the
4 fields of mental illness or mental deficiency. No such
5 supplementary agreement shall be construed so as to relieve any
6 party state of any obligation which it otherwise would have
7 under other provisions of this compact.
8 Article XII
9 This compact shall enter into full force and effect as to any
10 state when enacted by it into law, and such state shall
11 thereafter be a party thereto with any and all states legally
12 joining therein.
13 Article XIII
14 (a) A state party to this compact may withdraw therefrom by
15 enacting a statute repealing the same. Such withdrawal shall
16 take effect one year after notice thereof has been communicated
17 officially and in writing to the governors and compact
18 administrators of all other party states. However, the
19 withdrawal of any state shall not change the status of any
20 patient who has been sent to the state or sent out of the state
21 pursuant to the provisions of the compact.
22 (b) Withdrawal from any agreement permitted by Article
23 VII(b) as to costs, or from any supplementary agreement made
24 pursuant to Article XI, shall be in accordance with the terms of
25 such agreement.
26 Article XIV
27 This compact shall be liberally construed so as to effectuate
28 the purposes thereof. The provisions of this compact shall be
29 severable and if any phrase, clause, sentence or provision of
30 this compact is declared to be contrary to the constitution of
19890S0005B0005 - 107 -
1 any party state or of the United States or the applicability
2 thereof to any government agency, person or circumstance is held
3 invalid, the validity of the remainder of this compact and the
4 applicability thereof to any government agency, person or
5 circumstance shall not be affected thereby. If this compact
6 shall be held contrary to the constitution of any state party
7 thereto, the compact shall remain in full force and effect as to
8 the remaining states and in full force and effect as to the
9 state affected as to all severable matters.
10 § 2502. Compact administrator.
11 Pursuant to the interstate compact established in section
12 2501 (relating to compact provisions), the Governor is
13 authorized and empowered to designate an officer who shall be
14 the compact administrator and who, acting jointly with like
15 officers of other party states, shall have power to promulgate
16 rules and regulations to carry out more effectively the terms of
17 the compact. The compact administrator shall serve subject to
18 the pleasure of the Governor. The compact administrator is
19 authorized, empowered and directed to cooperate with all
20 Commonwealth agencies and officers and political subdivisions in
21 facilitating the proper administration of this compact or of any
22 supplementary agreements entered into by the Commonwealth
23 thereunder.
24 § 2503. Supplementary agreements.
25 The compact administrator is authorized and empowered to
26 enter into supplementary agreements with appropriate officials
27 of other states pursuant to Articles VII and XI of the compact.
28 In the event that any supplementary agreement shall require or
29 contemplate the use of any institution or facility of the
30 Commonwealth or require or contemplate provision of any service
19890S0005B0005 - 108 -
1 by the Commonwealth, no such agreement shall have force or
2 effect until approved by the head of the Commonwealth agency
3 under whose jurisdiction the institution or facility is operated
4 or whose Commonwealth agency will be charged with the rendering
5 of the service.
6 § 2504. Financial obligations.
7 The compact administrator, subject to the approval of the
8 Auditor General, may make or arrange for any payments necessary
9 to discharge any financial obligations imposed upon the
10 Commonwealth by the compact or by any supplementary agreement
11 entered into thereunder.
12 § 2505. Consultation with families of transferees.
13 The compact administrator is directed to consult with the
14 immediate family of any proposed transferee.
15 § 2506. Limitation of compact applicability.
16 This compact shall apply only to patients who either are in
17 institutions maintained by the Commonwealth of Pennsylvania,
18 having been duly and properly committed or admitted pursuant to
19 laws of this Commonwealth or whose admission to an institution
20 maintained by the Commonwealth is being sought by a sending
21 state pursuant to this compact, and shall not in any case apply
22 to any patient of a private licensed institution.
23 § 2507. Commitment or transfers to facilities of Federal
24 Government or another state.
25 (a) Transfers authorized.--Except when a person has been
26 charged with or sentenced for a crime, if proceedings for
27 admission or commitment have been effected, the person may be
28 committed or transferred to the Veterans' Administration or any
29 other Federal agency or to another state for care therein.
30 (b) Reciprocal agreements.--It is the duty of the department
19890S0005B0005 - 109 -
1 to take any steps and adopt any measures as are necessary to
2 accomplish a commitment or transfer. For that purpose the
3 department, subject to the approval of the Attorney General, is
4 hereby authorized to enter into reciprocal agreements with any
5 Federal agency and with corresponding state agencies of other
6 states regarding the intrastate and interstate transportation or
7 transfer of persons with mental disability to a Federal or
8 Commonwealth agency and to arrange with the proper officials in
9 this Commonwealth for the acceptance, transfer and support of
10 persons who are residents of this State but who are temporarily
11 detained or who are receiving care for mental disability in
12 public facilities of the Federal Government or of other states
13 in accordance with the terms of these agreements. This section
14 shall be so interpreted and construed as to effectuate its
15 general purpose and to make uniform the laws of those
16 jurisdictions and states which have enacted similar legislation.
17 (c) Court consent.--If the jurisdiction of the court has
18 attached, the court must consent to the transfer. Where it
19 appears that the transfer cannot be accomplished solely because
20 the person whose transfer is sought stands charged with a crime,
21 the court having jurisdiction of the charge may dismiss it upon
22 condition that the transfer is accomplished if the interests of
23 the Commonwealth do not require prosecution.
24 (d) Consent of transferee.--The consent of the person whose
25 transfer is sought must also be obtained, except where any
26 portion of the cost of care is borne by the Commonwealth or any
27 political subdivision.
28 (e) Provisions supplementary.--The provisions of this
29 section are intended to be supplemental to the provisions of
30 this chapter.
19890S0005B0005 - 110 -
1 CHAPTER 27
2 RECIPROCAL AGREEMENTS WITH OTHER STATES
3 Sec.
4 2701. Agreements authorized.
5 2702. Deportations.
6 § 2701. Agreements authorized.
7 The department, subject to the approval of the Attorney
8 General, is authorized to enter into reciprocal agreements with
9 corresponding state agencies of other states regarding the
10 interstate transportation or transfer of persons with mental
11 illness or deficiency and to arrange with the proper officials
12 in this Commonwealth for the acceptance, transfer and support of
13 persons who are residents of this Commonwealth but who are
14 temporarily detained or who are receiving psychiatric or mental
15 care in public institutions of other states in accordance with
16 the terms of the agreement.
17 § 2702. Deportations.
18 Whenever any person is detained in a facility after having
19 been charged with or convicted of a crime and is subject to
20 deportation from this Commonwealth under Federal laws, the court
21 authorizing treatment for the person, upon the petition of the
22 director of the facility, may enter an order releasing the
23 person from detention into the custody of an agent of the
24 Federal Government for the purposes of deportation.
25 Section 2. The first meeting of the conjoint board
26 established in 50 Pa.C.S. § 313 shall be called by the
27 superintendent of each State hospital within 90 days of the
28 effective date of this act.
29 Section 3. The following acts and parts of acts are
30 repealed:
19890S0005B0005 - 111 -
1 Act of April 4, 1831 (P.L.422, No.194), entitled "An act to
2 provide for the erection of a house for the employment and
3 support of the poor, in the county of Schuylkill."
4 Act of April 5, 1832 (P.L.292, No.128), entitled "A
5 supplement to the act entitled An act to provide for the
6 erection of a house for the employment and support of the poor,
7 in the county of Schuylkill, passed the fourth day of April, one
8 thousand eight hundred and thirty-one."
9 Act of May 8, 1855 (P.L.512, No.533), entitled "A supplement
10 to the act incorporating the Western Pennsylvania Hospital."
11 Act of February 23, 1859 (P.L.71, No.61), entitled "A
12 supplement to an act for the erection of a House for the
13 Employment and Support of the Poor, in the county of Schuylkill,
14 passed the fourth day of April, one thousand eight hundred and
15 thirty-one."
16 Act of February 26, 1861 (P.L.49, No.55), entitled "A
17 supplement to an act to provide for the erection of a House for
18 the Employment and Support of the Poor, in the county of
19 Schuylkill, passed the fourth day of April, one thousand eight
20 hundred and thirty-one."
21 Act of April 22, 1863 (P.L.539, No.535), entitled "An act
22 supplementary to an act incorporating the Western Pennsylvania
23 Hospital."
24 Act of March 25, 1864 (P.L.77, No.82), entitled "A supplement
25 to an act to provide for the erection of a House for the
26 Employment and Support of the Poor, in the county of Schuylkill,
27 passed the fourth day of April, one thousand eight hundred and
28 thirty-one."
29 Act of April 18, 1864 (P.L.451, No.386), entitled "An act
30 supplementary to the act of twenty-second April, eighteen
19890S0005B0005 - 112 -
1 hundred and sixty-three, relative to the Western Pennsylvania
2 Hospital."
3 Act of April 24, 1869 (P.L.90, No.66), entitled "An act to
4 create a Board of Public Charities."
5 Act of May 7, 1874 (P.L.119, No.51), entitled "A supplement
6 to the act to create a board of public charities, approved the
7 twenty-fourth day of April, Anno Domini one thousand eight
8 hundred and sixty-nine, authorizing and empowering said board to
9 appoint visitors, and to transfer certain insane persons from
10 county institutions to state hospitals."
11 Act of April 27, 1876 (P.L.47, No.37), entitled "An act
12 making appropriations for the salaries of officers and
13 employees, and for the improvement of the grounds and buildings,
14 and machinery and insurance of the Western Pennsylvania Hospital
15 for the Insane at Dixmont, Pennsylvania."
16 Act of June 13, 1883 (P.L.92, No.86), entitled "An act to
17 provide for the care and treatment of the indigent insane of the
18 several counties of the Commonwealth, in State hospitals for the
19 insane."
20 Act of June 10, 1897 (P.L.138, No.114), entitled "An act
21 providing for the taking, filing and reviewing of the testimony
22 taken before sheriff's juries in inquisition of lunacy in and by
23 the several courts of this Commonwealth."
24 Act of July 15, 1897 (P.L.291, No.226), entitled "An act
25 authorizing the Auditor General to prescribe the form and
26 requirements of vouchers, monthly and quarterly returns and
27 statements of county officers and institutions receiving State
28 aid, and to obtain from State institutions the evidence of State
29 ownership, and making an appropriation to meet the expenses
30 thereof, and authorizing the appointment of expert accountants
19890S0005B0005 - 113 -
1 in certain cases, and providing for the payment of the same."
2 Act of May 15, 1903 (P.L.446, No.424), entitled "An act to
3 provide for the selection of a site and the erection of a State
4 Institution for the Feeble-Minded and Epileptic, to be called
5 The Eastern Pennsylvania State Institution for the Feeble-Minded
6 and Epileptic, and making an appropriation therefor."
7 Act of May 28, 1907 (P.L.292, No.222), entitled "An act to
8 provide for the protection of insane persons, feeble-minded
9 persons, and epileptics, and the appointment of a guardian for
10 the said insane persons, feeble-minded persons, and epileptics,
11 unable to care for their own property; authorizing the guardian
12 to support the wife and children of the said insane persons,
13 feeble-minded persons, and epileptics; defining the powers of
14 the guardian, and authorizing the sale of real estate of the
15 ward."
16 Act of May 13, 1909 (P.L.533, No.294), entitled "An act
17 relating to the indigent insane in poor districts, and providing
18 for the same allowance for their treatment as is given by the
19 Commonwealth to State hospitals for the insane, under the
20 conditions prescribed by the act of Assembly, approved May one,
21 one thousand nine hundred and seven."
22 Act of June 9, 1911 (P.L.862, No.334), entitled "A supplement
23 to an act, entitled 'An act to provide for the selection of a
24 site and the erection of a State Institution for the Feeble-
25 minded and Epileptic, to be called the Eastern Pennsylvania
26 State Institution for the Feeble-Minded and Epileptic, and
27 making an appropriation therefor,' approved the fifteenth day of
28 May, one thousand nine hundred and three; authorizing the Board
29 of Trustees to enter into agreements respecting highways,
30 railways, railroads, and other means of travel within the lands
19890S0005B0005 - 114 -
1 of said institution."
2 Act of April 14, 1915 (P.L.120, No.54), entitled "An act
3 relating to persons habitually addicted to the use of alcohol or
4 drugs, and providing for the care and treatment of such persons
5 at the expense of the county and State, if indigent."
6 Act of June 1, 1915 (P.L.661, No.293), entitled "An act
7 relating to the maintenance of insane, feeble-minded, and other
8 persons confined in the various institutions of the
9 Commonwealth; fixing liability for their support; providing for
10 the collection of the moneys due the Commonwealth therefor, and
11 for proceedings relating thereto."
12 Act of April 6, 1921 (P.L.99, No.59), entitled "An act
13 relating to the jurisdiction, powers, and procedure of the court
14 of common pleas as to sale, mortgage, conveyance upon ground
15 rent, and lease for years of real estate, where the legal title
16 is held by a married person whose spouse is an habitual
17 drunkard, and providing for the disposition of the proceeds
18 thereof."
19 Act of May 10, 1927 (P.L.883, No.450), entitled "An act
20 authorizing the board of trustees of Harrisburg State Hospital
21 to convey certain lands, or rights of way over lands, owned or
22 acquired by it, or in the name of the Commonwealth of
23 Pennsylvania for it, in or near the City of Harrisburg,
24 Pennsylvania, and to acquire other lands or rights of way in
25 exchange therefor, and to agree upon the compensation for so
26 doing, in connection with the opening of a parkway from
27 Reservoir Park in the City of Harrisburg to Wildwood Park in the
28 same city."
29 As much as reads "Board of Trustees of Allentown State
30 Hospital, Board of Trustees of Clarks Summit State Hospital,
19890S0005B0005 - 115 -
1 Board of Trustees of Danville State Hospital, Board of Trustees
2 of Embreeville Center, Board of Trustees of Farview State
3 Hospital, Board of Trustees of Harrisburg State Hospital, Board
4 of Trustees of Mayview State Hospital, Board of Trustees of
5 Norristown State Hospital, Board of Trustees of Philadelphia
6 State Hospital, Board of Trustees of Somerset State Hospital,
7 Board of Trustees of Warren State Hospital, Board of Trustees of
8 Wernersville State Hospital, Board of Trustees of Woodville
9 State Hospital, Board of Trustees of Torrance State Hospital,
10 Board of Trustees of Haverford State Hospital," and "Board of
11 Trustees of Ebensburg Center, Board of Trustees of Eastern State
12 School and Hospital, Board of Trustees of Laurelton Center,
13 Board of Trustees of Pennhurst Center, Board of Trustees of Polk
14 Center, Board of Trustees of Selinsgrove Center, Board of
15 Trustees of Western Center, Board of Trustees of White Haven
16 Center, Board of Trustees of Woodhaven Center, Board of Trustees
17 of the South Mountain Restoration Centers," of section 401, as
18 much as reads "Advisory Committee for Mental Health and Mental
19 Retardation" and "In the case of the Advisory Committee for
20 Mental Health and Mental Retardation, the committee shall
21 include the Chairman of the Public Health and Welfare Committee
22 of the Senate, the Chairman of the Health and Welfare Committee
23 of the House of Representatives and the President of the
24 Pennsylvania State Association of County Commissioners or his
25 alternate," of section 448(l), section 2313 and as much as
26 reads, "and the Advisory Committee for Mental Health and Mental
27 Retardation" of section 2328 of the act of April 9, 1929
28 (P.L.177, No.175), known as The Administrative Code of 1929.
29 Act of June 23, 1931 (P.L.1199, No.324), entitled "An act for
30 the acceptance of a site from the University of Pittsburgh, and
19890S0005B0005 - 116 -
1 for surveys and the preparation of preliminary plans and
2 estimates for a Western State Psychiatric Hospital; providing
3 for the erection, construction, and equipment of said hospital
4 when appropriations are made available, and for its management
5 by the Department of Welfare."
6 Act of September 29, 1938 (Sp.Sess. P.L.53, No.21), entitled,
7 as reenacted and amended, "An act relating to institutions of
8 counties, cities, wards, boroughs, townships, institution
9 districts and other political subdivisions, for the care,
10 maintenance, and treatment of mental patients; providing for the
11 transfer to the Commonwealth for the care, maintenance and
12 treatment of mental patients of such institutions, and all
13 grounds, lands, buildings and personal property of such
14 political subdivisions used for the care and maintenance of
15 indigent persons connected with such mental institutions;
16 providing for the management and operation or closing and
17 abandonment thereof; and the maintenance of mental patients
18 therein; including the collection of maintenance in certain
19 cases; providing for the retransfer of certain property to
20 counties, cities, wards, boroughs, townships, institution
21 districts and other political subdivisions under certain
22 circumstances; conferring and imposing upon the Governor, the
23 Department of Welfare, the courts of common pleas and counties,
24 cities, wards, boroughs, townships, institution districts and
25 other political subdivisions certain powers and duties;
26 prohibiting cities, counties, wards, boroughs, townships,
27 institution districts and other political subdivisions from
28 maintaining and operating institutions, in whole or in part, for
29 the care and treatment of mental patients; and repealing
30 inconsistent laws."
19890S0005B0005 - 117 -
1 Section 3 of the act of November 29, 1938 (Sp.Sess. P.L.92,
2 No.37), entitled "An act to amend sections two hundred two, four
3 hundred one and two thousand three hundred eighteen of the act,
4 approved the ninth day of April, one thousand nine hundred
5 twenty-nine (Pamphlet Laws, one hundred seventy-seven), entitled
6 'An act providing for and reorganizing the conduct of the
7 executive and administrative work of the Commonwealth by the
8 Executive Department thereof and the administrative departments,
9 boards, commissions, and officers thereof, including the boards
10 of trustees of State Normal Schools, or Teachers Colleges;
11 abolishing, creating, reorganizing or authorizing the
12 reorganization of certain administrative departments, boards,
13 and commissions; defining the powers and duties of the Governor
14 and other executive and administrative officers, and of the
15 several administrative departments, boards, commissions, and
16 offices; fixing the salaries of the Governor, Lieutenant
17 Governor, and certain other executive and administrative
18 officers; providing for the appointment of certain
19 administrative officers, and of all deputies and other
20 assistants and employes in certain departments, boards and
21 commissions; and prescribing the manner in which the number and
22 compensation of the deputies and all other assistants and
23 employes of certain departments, boards and commissions shall be
24 determined,' as amended, by creating additional departmental
25 administrative boards in the Department of Welfare, and
26 conferring powers and duties upon boards of trustees for the
27 respective institutions acquired by the Commonwealth from
28 counties, cities and institution districts for use as State
29 mental hospitals."
30 Act of June 1, 1943 (P.L.813, No.342), entitled "An act
19890S0005B0005 - 118 -
1 authorizing the Department of Welfare to enter into contracts
2 for foodstuffs to supply State institutions, and to purchase the
3 same in open market, and to process the same for preservation;
4 providing for transfers from appropriations made to such
5 institutions in payment therefor; authorizing dehydrating plants
6 and equipment at State institutions and the use of inmate labor
7 thereat; conferring power and imposing duties on the Department
8 of Property and Supplies; and making an appropriation."
9 Act of April 18, 1949 (P.L.599, No.126), entitled "An act
10 establishing, within the limits of Philadelphia, the Eastern
11 Pennsylvania Psychiatric Institute as a State institution;
12 providing for a board of trustees and a medical advisory board
13 therefor; conferring powers and imposing duties upon the
14 Department of Property and Supplies, the Department of Welfare,
15 the board of trustees and the medical advisory board."
16 Act of May 20, 1949 (P.L.1643, No.496), entitled "An act
17 authorizing the Department of Property and Supplies to lease to
18 the University of Pittsburgh, the Western State Psychiatric
19 Institute and Clinic, in Allegheny County, and providing for the
20 management thereof by the University of Pittsburgh."
21 Act of May 24, 1951 (P.L.392, No.86), entitled "An act
22 providing for the construction and equipping of the Pennsylvania
23 School for Mental Defectives; providing for the acquisition of
24 land; providing for the care, maintenance and control of
25 inmates; imposing duties and conferring powers on the Department
26 of Welfare and the Department of Property and Supplies."
27 Except for Article I, sections 401, 402, 403, 404, 405, 406,
28 407, 408, 409, 410, 411, 412, 416, 418, 419, 420 and 426 of
29 Article IV and section 604 of article VI, the act of October 20,
30 1966 (3rd Sp.Sess. P.L.96, No.6), known as the Mental Health and
19890S0005B0005 - 119 -
1 Mental Retardation Act of 1966.
2 Sections 317(a), 1121, 1122, 1123, 1124, 1125, 1126, 1131,
3 1141, 1142, 1143, 1144, 1145, 1146, 1147 and 1148 of the act of
4 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
5 Act of December 29, 1972 (P.L.1695, No.362), known as the
6 Parklands Payback Pilot Project Act.
7 Act of July 9, 1976 (P.L.817, No.143), known as the Mental
8 Health Procedures Act.
9 Act of July 9, 1987 (P.L.207, No.32), entitled "An act
10 providing for the appointment of a Commissioner of Mental
11 Health; establishing powers and duties of the commissioner; and
12 making a repeal."
13 Section 4. This act shall take effect July 1, 1989, or
14 immediately, whichever is later.
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