PRIOR PRINTER'S NOS. 5, 976 PRINTER'S NO. 1173
No. 5 Session of 1989
INTRODUCED BY LOEPER, JUBELIRER, PETERSON, BRIGHTBILL, WENGER,
SALVATORE, LEMMOND, MADIGAN, SHAFFER, SHUMAKER, AFFLERBACH,
CORMAN, HOPPER, STEWART, REIBMAN, LYNCH, PECORA, RHOADES AND
BAKER, JANUARY 20, 1989
AS AMENDED ON THIRD CONSIDERATION, JUNE 6 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. 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 Retardation.
24 § 313. Advisory Committee for Mental Health.
25 § 314. 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 younger than 14 years of age.
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 120 hours.
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 "CHRONIC ADMISSIONS." REPEAT ADMISSIONS TO INVOLUNTARY <--
26 INPATIENT TREATMENT PURSUANT TO THIS ACT, WHICH CONSTITUTE THREE
27 OR MORE SUCH ADMISSIONS OR A COMMITMENT PERIOD TOTALING 180 OR
28 MORE DAYS, IN THE IMMEDIATELY PRECEDING 12-MONTH CALENDAR
29 PERIOD.
30 "County." Includes a first class city.
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1 "County program." A mental health and mental retardation
2 program established by a county or two or more counties acting
3 in concert and includes a complex of services providing a
4 continuum of care in the community for the mentally disabled.
5 "Department." The Department of Public Welfare of the
6 Commonwealth.
7 "Designated facility." A State-operated facility or other
8 facility designated by the department or the administrator for
9 certain purposes or as a place of reception.
10 "DIAGNOSTIC TESTING." MEDICAL TESTING PROCEDURES THAT ARE <--
11 DEEMED TO BE PROFESSIONALLY APPROPRIATE BY AN INDEPENDENT
12 PSYCHIATRIC PROFESSIONAL FOR ADMINISTRATION TO AN INDIVIDUAL
13 PURSUANT TO THE PROVISIONS OF THIS ACT, WHICH SHALL INCLUDE, BUT
14 NOT BE LIMITED TO: PHYSICAL AND NEUROLOGICAL EXAMINATION, BLOOD
15 COUNTS, BLOOD CHEMICAL SCREENS, ELECTROENCEPHALOGRAM (EEG),
16 URINALYSIS, COMPUTERIZED TOMOGRAPHY (CT) SCANS, NUCLEAR MAGNETIC
17 IMAGING (NMI) AND MAGNETIC RESONANCE IMAGING (MRI), POSITION
18 EMISSION TOMOGRAPHY (PET), EVOKED POTENTIAL (EP), BRAIN
19 ELECTRICAL ACTIVITY MAPPING (BEAM), AND ALL OTHER SIMILAR
20 SCANNING TECHNIQUES AND MEDICAL TESTS THAT MAY BE DEVELOPED AND
21 WHICH BECOME CURRENTLY ACCEPTED MEDICAL TESTING PROCEDURES
22 SUBSEQUENT TO THE ENACTMENT OF THIS ACT.
23 "Director." The administrative head of a facility and
24 includes superintendents.
25 "Facility." Any mental health establishment, hospital,
26 clinic, institution, center, day-care center, base service unit,
27 community mental health center or other organizational unit, or
28 part thereof, which is devoted primarily to the diagnosis,
29 treatment, care, rehabilitation or detention of mentally
30 disabled persons, whether as outpatients or inpatients.
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1 "Issuing authority." A district justice or judge of the
2 minor judiciary, except judges of the Traffic Court of
3 Philadelphia.
4 "Local authorities." The county commissioners of a county,
5 or the city council and the mayor of a first class city, or two
6 or more of these acting in concert.
7 "Mental disability." Any mental illness or mental
8 retardation which so lessens the capacity of a person to use
9 customary self-control, judgment and discretion in the conduct
10 of the person's affairs and social relations as to make it
11 necessary or advisable for the person to receive services as
12 provided in this title.
13 "Mental hospital." A residential facility for the diagnosis,
14 care and treatment of the mentally disabled other than the
15 mentally retarded.
16 "Mental retardation." Subaverage general intellectual
17 functioning which originates during the developmental period and
18 is associated with impairment of one or more of the following:
19 (1) Maturation.
20 (2) Learning.
21 (3) Social adjustment.
22 "Psychiatrist." A physician who by years of study, training
23 and experience has achieved professional recognition and
24 standing in the field of psychiatry.
25 "Secretary." The Secretary of Public Welfare of the
26 Commonwealth.
27 "Social worker." A person who by years of study, training
28 and experience has achieved professional recognition and
29 standing in the field of social work.
30 § 103. Applicability of title to Mental Health and Mental
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1 Retardation Act of 1966.
2 Until the provisions of the act of October 20, 1966 (3rd Sp.
3 Sess., P.L.96, No.6), known as the Mental Health and Mental
4 Retardation Act of 1966, not repealed by this act, are codified
5 as part of this title, the provisions contained in this title
6 shall be read in pari materia with the provisions of the Mental
7 Health and Mental Retardation Act of 1966 to the extent that
8 they relate to mental retardation or to persons who are mentally
9 retarded; the word "title" when used in this title shall include
10 those provisions of the Mental Health and Mental Retardation Act
11 of 1966.
12 SUBCHAPTER B
13 RECORDS AND IMMUNITIES
14 Sec.
15 111. Records.
16 112. Confidentiality of records.
17 113. Immunities.
18 § 111. Records.
19 (a) General rule.--Whenever a person receives services or
20 benefits at a facility under any provision of this title, a
21 complete record pertaining to the person shall be maintained by
22 the facility. The record shall include, if available, but need
23 not be limited to, applications, petitions, affidavits, orders
24 of court, reports of physicians, psychiatrists, psychologists,
25 nurses or social workers, police records, financial records, and
26 all clinical records or a full abstract thereof containing all
27 essential particulars, including results of physical
28 examinations, examinations for mental disability, laboratory
29 tests and any other material with reference to the person.
30 (b) Transfers.--Whenever a person is transferred to any
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1 other facility pursuant to any provision of this title, a copy
2 of all pertinent records pertaining to that person shall
3 accompany the person.
4 (c) Provision of records to facilities providing services
5 subsequent to discharge.--Whenever a person who has previously
6 received services or benefits at a facility is later given
7 services or benefits at another facility, the first facility
8 shall, upon request from the subsequent facility, furnish a copy
9 of all pertinent records pertaining to that person.
10 § 112. Confidentiality of records.
11 (a) General rule.--Any record, or portion thereof,
12 maintained under section 111 (relating to records) shall be open
13 to inspection and examination only to those persons designated
14 by the director of a facility at which the person is receiving
15 services or benefits, and as to those facilities under the
16 control of the Commonwealth or local authorities to those other
17 persons as the department by regulation may determine.
18 (b) Exceptions relating to mentally ill persons.--All
19 records concerning mentally ill persons in treatment shall be
20 kept confidential and, without the person's written consent, may
21 not be released or their contents disclosed to anyone except:
22 (1) Those engaged in providing treatment for the person
23 as provided in subsection (a).
24 (2) The administrator, pursuant to section 922 (relating
25 to documents).
26 (3) A court in the course of criminal proceedings in
27 which the person's mental condition is an issue and legal
28 proceedings authorized by Part II (relating to mental
29 health).
30 (4) Pursuant to Federal rules, statutes and regulations
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1 governing disclosure of patient information where treatment
2 is undertaken in a Federal agency.
3 (5) As required by the Protection and Advocacy for
4 Mentally Ill Individuals Act of 1986 (Public Law 99-319, 42
5 U.S.C. § 10801 et seq.).
6 (6) The collection and analysis of clinical or
7 statistical data by the department, the administrator or the
8 facility so long as the use and dissemination of this data
9 does not identify individual patients.
10 (7) Compliance with section 8 of the act of April 14,
11 1972 (P.L.221, No.63), known as the Pennsylvania Drug and
12 Alcohol Abuse Control Act.
13 (c) Privileged communications.--In no event, however, shall
14 privileged communications, whether written or oral, be disclosed
15 to anyone without such written consent except that this
16 prohibition shall not be construed to prohibit:
17 (1) The release of general information regarding the
18 patient's continued treatment at the facility or release from
19 the facility by the superintendent of that facility or the
20 patient's treating physician to the patient's family or
21 household member when all of the following apply:
22 (i) The family or household member has a history of
23 continued involvement with the patient.
24 (ii) The family or household member requests such
25 information.
26 (iii) The patient, after due notice of the request <--
27 for information, has not previously objected to the
28 release of such information.
29 (III) THE PATIENT DOES NOT OBJECT TO THE RELEASE OF <--
30 SUCH INFORMATION TO THE FAMILY OR HOUSEHOLD MEMBER.
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1 (2) The release of relevant information by the director
2 of a facility at the request of a law enforcement official,
3 if the director believes immediate access to the information
4 is required because of an imminent danger of harm to another
5 person or the community.
6 (3) The responsible treatment personnel from warning an
7 identified or readily identifiable person whom the patient
8 has threatened with serious bodily harm or from notifying the
9 appropriate law enforcement officials of such information, if
10 the responsible treatment personnel believe the patient will
11 carry out the threat.
12 (4) The responsible treatment personnel from notifying a
13 law enforcement official when the patient has seriously
14 threatened the public safety, if the responsible treatment
15 personnel believe the patient will carry out the threat.
16 § 113. Immunities.
17 (a) General immunity.--In the absence of willful misconduct
18 or gross negligence, an administrator, a director, a physician,
19 a psychologist, a peace officer or any other authorized person
20 who participates in any decision under the provisions of this
21 title, or any governmental or recognized nonprofit health or
22 welfare organization or agency acting pursuant to the provisions
23 of this title, shall not be civilly or criminally liable for
24 that decision or action or for any of its consequences.
25 (b) Judicial immunity.--A judge or a mental health review
26 officer shall not be civilly or criminally liable for any
27 actions taken or decisions made by him pursuant to the authority
28 conferred by Part II (relating to mental health).
29 SUBCHAPTER C
30 FINANCIAL OBLIGATIONS
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1 Sec.
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 establish
6 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 § 121. Liability of mentally disabled person.
15 Whenever public funds are expended under any provision of
16 this title on behalf of a mentally disabled person, the
17 governmental body expending those funds may recover the same
18 from that person subject to the regulations of the department,
19 and, for this purpose, liability is hereby imposed upon the
20 person receiving any service or benefit under this title for all
21 costs, payments or expenditures with reference thereto,
22 including, but not limited to, the costs of admission,
23 commitment, transportation, treatment, training, maintenance,
24 complete care, partial care or aftercare and discharge.
25 § 122. Liability of persons owing legal duty to support.
26 Except as provided in this section and in section 124
27 (relating to powers of department to determine liability and
28 establish criteria), whenever any person under 18 years of age
29 receiving any service or benefit under this title is unable to
30 discharge the obligation imposed upon that person by section 121
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1 (relating to liability of mentally disabled person), that
2 liability is hereby imposed upon any person owing a legal duty
3 to support the person receiving services or benefits under this
4 title. Upon the mentally disabled person attaining 18 years of
5 age, the liability under this title of the persons owing a legal
6 duty of support shall cease. Spouses shall remain liable for
7 each other regardless of age except for periods of continuous
8 inpatient care in excess of 120 days. Continuous inpatient care
9 for the purposes of this section shall be any in-hospital stay
10 not interrupted by more than 120 days. Nothing in this section
11 shall relieve any private, nonprofit or governmental health
12 insurer from liability to pay for such care under any contract
13 of insurance or group insurance plan.
14 § 123. Contingent liability of State and local government.
15 (a) Requirement that other eligibility and benefits be
16 exhausted.--Neither the Commonwealth nor a county shall be
17 required to expend public funds under this title on behalf of a
18 mentally disabled person until that person, who is receiving
19 services or benefits under this title, has exhausted any
20 eligibility and receipt of benefits under all other existing or
21 future private, public, local, State or Federal programs.
22 (b) Commonwealth and county to share obligations.--Upon
23 exhaustion of all eligibility referred to in subsection (a), the
24 Commonwealth and the counties shall share the financial
25 obligations accruing under this title, to the extent those
26 obligations are not borne by the Federal Government or any
27 private person or agency.
28 (c) Intention of title.--It is the intention of this title
29 that its provisions be construed so as to maintain and not
30 decrease or destroy any eligibility of any person, any facility,
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1 the Commonwealth or any political subdivision to receive any
2 Federal assistance, grants or funds.
3 § 124. Powers of department to determine liability and
4 establish criteria.
5 (a) Determination of liability.--Whenever any person
6 receives a service or benefit at any facility under this title
7 wholly or in part at public expense, the department, subject to
8 the approval of the Attorney General, may determine the extent
9 of liability imposed under section 121 (relating to liability of
10 mentally disabled person) or 122 (relating to liability of
11 persons owing legal duty to support) and abate, modify,
12 compromise or discharge the liability so imposed provided:
13 (1) The department is satisfied that the imposition of
14 the liability would:
15 (i) result in the loss of financial payments or
16 other benefits from any public or private source which a
17 mentally disabled person would receive or would be
18 eligible to receive or which would be expended on the
19 person's behalf except for that liability;
20 (ii) result in a substantial hardship upon the
21 mentally disabled person, a person owing a legal duty to
22 support the person or the family of either;
23 (iii) result in a greater financial burden upon the
24 people of this Commonwealth; or
25 (iv) create such a financial burden upon the
26 mentally disabled person as to nullify the results of
27 care, treatment, service or other benefits afforded to
28 the person under any provision of this title.
29 (2) Proceedings to recover those costs or discharge that
30 liability, including legal fees, would not be in the best
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1 interest of the Commonwealth.
2 (b) Reimbursement to counties.--If the department exercises
3 the power conferred in section 121 or subsection (a) with
4 reference to any person upon whom liability is imposed by
5 section 121 or 122, the department shall reimburse the county to
6 the extent the person is relieved of any obligation to pay the
7 county for services or benefits received under this title and
8 paid for by the county.
9 (c) Liability of legally responsible persons.--The liability
10 of a mentally disabled person or of anyone legally responsible
11 for the support of the person shall be the amount fixed or
12 charged by the department and the payment of the amount so fixed
13 or so charged shall relieve the person of all further liability
14 for payment of the maintenance of the mentally disabled person.
15 (d) Establishment of criteria.--In exercising the powers
16 conferred by this section, the department by regulation shall
17 establish criteria by which the extent of the liability shall be
18 determined except that wherever possible the residence of the
19 mentally disabled person or the spouse of that person or a
20 person owing a legal duty to support shall not be considered.
21 (e) Assistance of Department of Revenue.--The department may
22 call upon the Department of Revenue for assistance in
23 establishing the criteria authorized in subsection (d) and in
24 determining the financial ability of any person to discharge
25 liability imposed under this title.
26 (f) Joint regulations with the Department of Revenue.--The
27 department and the Department of Revenue shall jointly
28 promulgate regulations as to the duties of revenue agents and
29 other personnel of each department with reference to the
30 investigation and determination of any person's financial
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1 ability as provided in subsection (e).
2 § 125. Liability of county.
3 (a) Persons under conviction or sentence.--Whenever any
4 person is cared for in a facility while under conviction or
5 sentence, liability for all costs, payments or expenditures made
6 on behalf of that person is hereby imposed upon the county where
7 the person was convicted or sentenced. The liability shall cease
8 upon the expiration of a period not to exceed:
9 (1) the maximum sentence which was imposed; or
10 (2) if no sentence was imposed, the lesser of one-half
11 of the maximum sentence which might have been imposed or ten
12 years.
13 (b) Exception.--The Commonwealth shall pay for the costs,
14 payments or expenditures in excess of $120 per day made on
15 behalf of any mentally ill person who is a resident of a county
16 located in this Commonwealth and who receives treatment and for
17 whom liability is imposed on the county pursuant to subsection
18 (a). All costs up to and including $120 per day shall be imposed
19 upon the county of residence of the person. In the event that a
20 residency cannot be determined to be in a county in this
21 Commonwealth by the court that convicted or sentenced the
22 person, all liability for treatment imposed by subsection (a)
23 shall be borne by the Commonwealth.
24 (c) Liability for costs of observation.--Whenever any person
25 is committed for observation in connection with any proceedings
26 with reference to a criminal act, liability for the costs of the
27 observation, transportation, maintenance and care shall be
28 imposed upon the county from which the person was committed for
29 the period of observation only, which shall not exceed 90 days.
30 (d) Recovery of costs by county.--Any moneys expended by a
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1 county by reason of provisions of this section may be recovered
2 only from the mentally disabled person or the person owing a
3 legal duty to support the person upon whom liability is hereby
4 imposed.
5 § 126. Collection of costs.
6 (a) Primary responsibility.--The primary responsibility for
7 collecting the cost of care and treatment provided at a facility
8 not operated by the Commonwealth, or by an individual, because
9 of any liability imposed by this title, shall rest with the
10 facility or the individual providing the care and treatment.
11 (b) Liability for services at State-operated facilities.--
12 All moneys due the Commonwealth by reason of any liability
13 imposed by this title for care and treatment at a State-operated
14 facility shall be collected by the Department of Revenue as
15 collection agency for the Commonwealth.
16 (c) Collection by county.--All moneys due by reason of any
17 liability imposed by this title upon any person for care and
18 treatment for which the county makes an expenditure shall be
19 collected by the county.
20 (d) Proration of insufficient assets between Commonwealth
21 and county.--Where there are moneys due both the Commonwealth
22 and the county by reason of any liability imposed by this title
23 upon any person, and the assets thereof are insufficient to
24 discharge the liability in full, the assets shall be applied to
25 the Commonwealth and county on a prorata basis in proportion to
26 their respective claims.
27 (e) Amounts owed under section 125.--For amounts due the
28 Commonwealth by reason of liability imposed under section 125
29 (relating to liability of county), the Department of Revenue,
30 after the last day of each calendar month, shall promptly
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1 transmit to the local authorities of the respective counties, a
2 certified account of the moneys due the Commonwealth from the
3 county involved by reason of that liability, together with an
4 order, payable to the Department of Revenue, drawn on the local
5 authorities of the county, who shall accept and promptly pay it
6 to the Department of Revenue.
7 § 127. Liability of Commonwealth.
8 Except as provided in sections 121 (relating to liability of
9 mentally disabled person), 122 (relating to liability of persons
10 owing legal duty to support) and 125 (relating to liability of
11 county), the Commonwealth shall pay for the following:
12 (1) Diagnosis, evaluation and care in State-operated
13 facilities, or in a facility with which the Commonwealth may
14 contract, including those programs prescribed in section
15 301(9) (relating to general powers and duties of department).
16 (2) Other obligations as may arise under any new program
17 established by the department.
18 (3) Payments, not to exceed per patient 720 hours per
19 year, for partial hospitalization acute treatment care not
20 exceeding 60 days per benefit period, partial hospitalization
21 intermediate rehabilitative care not exceeding 720 hours per
22 year and partial hospitalization extended care for persons
23 financially ineligible for that care under the act of June
24 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
25 (4) Residential care provided through the county mental
26 health and mental retardation program, including such
27 residential care provided to former patients of State mental
28 hospitals and former residents of State centers for the
29 mentally retarded.
30 (5) Payments for mental health residential services,
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1 including short-term services as an alternative to
2 hospitalization, intermediate services for rehabilitation and
3 indefinite extended care.
4 (6) Training of personnel involved in the delivery of
5 mental health services as provided in section 501(c)(13)
6 (relating to general powers and duties of local authorities).
7 § 128. Relief of county from obligation to ensure service.
8 (a) Relief by Commonwealth.--If local authorities cannot
9 ensure the availability of any of the services required by
10 section 501 (relating to general powers and duties of local
11 authorities) or if they assert that it would be economically
12 unsound to do so, the local authorities may make application to
13 the department to be relieved for the period of one year from
14 the duty to ensure their availability. The application shall
15 specify the services involved and the facts upon which it seeks
16 relief.
17 (b) Approval by department.--If the department, after
18 consideration of the application and such independent
19 investigation as it deems appropriate, determines that the
20 application is justified, it may approve the application. If the
21 application is approved, the department may ensure the
22 availability of the services specified in the application for
23 the year specified in the application.
24 (c) Liability.--When the department provides services under
25 this section, the liability shall be apportioned in accordance
26 with the appropriate formula determined in accordance with
27 section 129(a)(1) (relating to State and local grants and
28 payments).
29 (d) Multiple applications.--Local authorities may make
30 successive application under this section.
19890S0005B1173 - 21 -
1 § 129. State and local grants and payments.
2 (a) General rule.--The department, subject to the provisions
3 of section 123 (relating to contingent liability of State and
4 local government), shall have the power and duty to:
5 (1) Make annual grants to counties from Commonwealth and
6 Federal funds to defray part of the cost of county programs
7 authorized by this title and approved by the department in
8 the amount of 90% of the excess of all approved expenditures
9 for those programs over the amount paid for the same purpose
10 from any public or private source directly to participating
11 counties, facilities or individuals. Private contributions
12 donated for the benefit of persons with serious mental
13 illness or children with serious emotional problems that
14 enrich or expand county mental health programs shall not be
15 considered in calculating the Commonwealth's obligation under
16 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
19890S0005B1173 - 22 -
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
19890S0005B1173 - 23 -
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
19890S0005B1173 - 24 -
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. 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 services, with
23 a first priority for those adults with severe mental illness
24 and children with serious mental health problems, and mental
25 retardation services for all persons who need them,
26 regardless of religion, race, color, national origin,
27 settlement, residence or economic or social status.
28 (2) Make, with the advice of the Advisory Committees for
29 Mental Health and Mental Retardation, and enforce all
30 regulations necessary and appropriate to the proper
19890S0005B1173 - 25 -
1 accomplishment of the mental health and mental retardation
2 duties and functions imposed by this title. The regulations
3 shall not become effective until the department has given the
4 local authorities 30 days' written notice of the proposed
5 regulations and afforded the local authorities the
6 opportunity for a hearing before the department on the
7 proposed regulations. A COPY OF EVERY RULE OR REGULATION OR <--
8 AMENDMENT TO A RULE OR REGULATION PROPOSED BY THE DEPARTMENT
9 IN ORDER TO IMPLEMENT ANY PROVISION OF THIS ACT SHALL ALSO
10 BEFORE ADOPTION BE FORWARDED TO THE SPEAKER OF THE HOUSE OF
11 REPRESENTATIVES AND TO THE PRESIDENT PRO TEMPORE OF THE
12 SENATE FOR REFERRAL TO AND REVIEW BY THE APPROPRIATE STANDING
13 COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND OF THE SENATE
14 AS DETERMINED BY THE RESPECTIVE PRESIDING OFFICER. THE
15 STANDING COMMITTEE SHALL, WITHIN 30 DAYS FROM THE RECEIPT OF
16 SUCH PROPOSED RULE, REGULATION OR AMENDMENT APPROVE OR
17 RECOMMEND DISAPPROVAL TO THE HOUSE OF REPRESENTATIVES OR THE
18 SENATE OF ANY SUCH PROPOSED RULE, REGULATION OR AMENDMENT.
19 FAILURE OF THE STANDING COMMITTEE TO RECOMMEND DISAPPROVAL OF
20 ANY PROPOSED RULE, REGULATION OR AMENDMENT WITHIN THE REVIEW
21 TIME SHALL CONSTITUTE APPROVAL THEREOF. IF THE STANDING
22 COMMITTEES OF BOTH THE SENATE AND THE HOUSE OF
23 REPRESENTATIVES RECOMMEND DISAPPROVAL AND THE HOUSE OF
24 REPRESENTATIVES OR THE SENATE DISAPPROVES ANY PROPOSED RULE,
25 REGULATION OR AMENDMENT, THE DEPARTMENT SHALL NOT ADOPT THE
26 PROPOSED RULE, REGULATION OR AMENDMENT AND IT SHALL NOT BE
27 AGAIN OFFERED FOR ONE YEAR. ONLY IN THE ABSENCE OF A
28 DISAPPROVAL SHALL THE DEPARTMENT PROCEED WITH THE ADOPTION OF
29 THE RULE, REGULATION OR AMENDMENT IN ACCORDANCE WITH SECTION
30 202 OF THE ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED
19890S0005B1173 - 26 -
1 TO AS THE COMMONWEALTH DOCUMENTS LAW. FOR THE HOUSE OF
2 REPRESENTATIVES AND THE SENATE TO ACT IN DISAPPROVAL OF ANY
3 PROPOSED RULE, REGULATION OR AMENDMENT, A RESOLUTION TO
4 APPROVE OR DISAPPROVE SAID RULE, REGULATION OR AMENDMENT
5 SHALL BE SUBMITTED BY THE APPROPRIATE STANDING COMMITTEE TO
6 THE SECRETARY OF THE SENATE AND THE CHIEF CLERK OF THE HOUSE
7 OF REPRESENTATIVES WHO SHALL CAUSE THE RULES OR REGULATIONS
8 TO BE PRINTED AND DISTRIBUTED AMONG ALL MEMBERS OF BOTH
9 CHAMBERS IN THE SAME MANNER AS A REORGANIZATION PLAN. IF BOTH
10 BODIES FAIL TO ACT ON THE RESOLUTION WITHIN 60 DAYS OF
11 RECEIPT OF SUCH RULES OR REGULATIONS, OR WITHIN TEN
12 LEGISLATIVE DAYS AFTER RECEIPT, WHICHEVER SHALL LAST OCCUR,
13 THE RULES OR REGULATIONS ADOPTED BY THE DEPARTMENT SHALL BE
14 PROMULGATED PURSUANT TO THE PROVISIONS OF THE COMMONWEALTH
15 DOCUMENTS LAW, AND 45 PA.C.S. PART II (RELATING TO
16 PUBLICATION AND EFFECTIVENESS OF COMMONWEALTH DOCUMENTS). IF
17 EITHER CHAMBER DISAPPROVES ANY RULE OR REGULATION, SUCH
18 INFORMATION SHALL BE CERTIFIED BY THE SPEAKER OF THE HOUSE OF
19 REPRESENTATIVES OR PRESIDENT PRO TEMPORE OF THE SENATE TO THE
20 DEPARTMENT AND SUCH RULE OR REGULATION SHALL NOT BE
21 PROMULGATED AS A FINAL RULE OR REGULATION.
22 (3) Consult with and assist each county in carrying out
23 mental health and mental retardation duties and functions
24 and, where necessary, after 30 days' written notice to the
25 counties affected and an opportunity for the counties for a
26 hearing before the department and with the advice of the
27 Advisory Committees for Mental Health and Mental Retardation,
28 require two or more counties to join in establishing a
29 program to provide the services required by this title.
30 (4) Adopt Statewide plans for the operation of all
19890S0005B1173 - 27 -
1 State-operated facilities under the jurisdiction of the
2 department and assign to each facility or portion thereof the
3 duties for the care of the mentally disabled as the
4 department shall prescribe. The assignments shall be made
5 with due regard to geographical location and population
6 distribution.
7 (5) Establish and maintain working relationships with
8 other governmental bodies and public and private agencies,
9 institutions and organizations so as to assure maximum
10 utilization of services and facilities which each
11 governmental body and public and private agency, institution
12 and organization may have, which may be of benefit to the
13 mentally disabled.
14 (6) Establish statewide training standards for all
15 personnel involved in the delivery of mental health services
16 and provide training for those personnel, including police,
17 emergency service workers, ambulance personnel, State and
18 community hospital personnel, service providers, families and
19 consumers.
20 (7) Make grants, pay subsidies, purchase service and
21 provide reimbursement for mental health and mental
22 retardation services in accordance with this title.
23 (8) Supervise mental health and mental retardation
24 facilities, services and programs as provided by law.
25 (9) Operate all State facilities and assign functions to
26 each. State facilities shall provide inpatient services
27 designed to complement the services of the counties they
28 serve in such manner as to ensure a coordinated comprehensive
29 array of services providing continuity of care to all
30 residents of such counties. All such facilities shall meet
19890S0005B1173 - 28 -
1 the conditions for participation under medicare, the
2 accreditation standards of the joint commission on
3 accreditation of healthcare organizations and the
4 Commonwealth's standards for licensure of private facilities
5 of a similar nature to the extent that the type of facility
6 is one in which those standards are intended to apply.
7 (10) Establish, extend, operate and maintain additional
8 facilities and provide mental health and mental retardation
9 services therein. The department may also lease or otherwise
10 acquire, through the Department of General Services, other
11 additional facilities.
12 (11) Administer and enforce the laws of this
13 Commonwealth relative to mental health, the care, prevention,
14 early recognition and treatment of mental illness, mental
15 retardation, epilepsy and inebriety, the licensing and
16 regulation of institutions for the mentally ill, mentally
17 retarded and epileptic, the admission and commitment of
18 patients to such institutions, and the transfer, discharge,
19 escape, interstate rendition and deportation of such
20 patients.
21 (12) Approve or disapprove the advice and recommendations
22 of the several boards of trustees of State mental
23 institutions.
24 (13) Assure the provision and funding of external
25 advocacy services for patients at all State mental hospitals.
26 (14) Coordinate with national and local groups in
27 combating stigma about mental illness.
28 (15) Encourage the development of family and consumer
29 self-help groups and consumer-run alternative programs.
30 § 302. Commissioner of Mental Health.
19890S0005B1173 - 29 -
1 (a) Commissioner.--The Secretary of Public Welfare shall
2 appoint, with the approval of the Governor, a deputy secretary
3 who shall have the title of Commissioner of Mental Health and
4 who shall have training and experience in the field of mental
5 health, as well as broad administrative experience. The minimum
6 requirements for the position of commissioner shall be a
7 master's degree and seven years' progressively responsible
8 experience in a relevant field such as medicine, clinical
9 psychology, social work, sociology, nursing, public health,
10 education, hospital administration or public administration with
11 at least five years' experience in the planning, development or
12 administration of mental health services.
13 (b) Duties of commissioner.--The commissioner, with the
14 approval of the secretary, shall develop plans and programs and
15 make recommendations with respect to the general policy of the
16 Commonwealth's mental health program. The commissioner shall
17 initiate, develop and, with the approval of the secretary, carry
18 into effect plans and programs designed to prevent, treat and
19 cure the mentally ill. The commissioner shall recommend to the
20 secretary such professional and skilled personnel as may be
21 necessary to carry out the plans and programs of the department
22 in the field of mental health, INCLUDING THE REQUIRED EMPLOYMENT <--
23 OR CONTRACTUAL USE OF A PSYCHIATRIST WITH SUFFICIENT TRAINING
24 AND EXPERIENCE TO BE ELIGIBLE FOR CERTIFICATION BY THE AMERICAN
25 BOARD OF PSYCHIATRY, WHO SHALL BE AVAILABLE TO CONSULT ON THE
26 DEVELOPMENT AND INTERPRETATION OF CLINICAL POLICY AS IT RELATES
27 TO PATIENT CARE. The commissioner shall organize and institute
28 intensive and specialized training of mental health personnel in
29 order to qualify them for dealing with special problems
30 presented by the criminal population and shall establish,
19890S0005B1173 - 30 -
1 operate and maintain, in the larger district offices of the
2 Pennsylvania Board of Probation and Parole, units to provide
3 psychological and psychiatric services to the board and shall
4 assign to these units trained personnel specialized in
5 psychiatry and psychology. The commissioner shall recommend to
6 the secretary the appointment of the superintendents of State
7 mental institutions who in turn shall assign, appoint and
8 dismiss personnel of the institutions.
9 § 303. Admissions Services.
10 (a) Purpose.--In order to develop and promote fair, uniform,
11 effective and accountable legal and administrative procedures
12 for voluntary and involuntary treatment throughout the
13 Commonwealth, the office of Commissioner of Mental Health shall
14 have the power and duty to:
15 (1) Maintain a record of the disposition of all
16 treatment applications received by administrators or
17 directors and collect other data to evaluate whether the
18 above-stated purposes are being effectuated.
19 (2) Formulate and disseminate, in the absence of
20 applicable regulations, statewide policies and guidelines for
21 the administration of voluntary and involuntary treatment,
22 whether residential or outpatient.
23 (3) Offer and conduct or coordinate education and
24 training programs for judges, mental health review officers,
25 attorneys, mental health professionals and others who
26 participate in mental health commitment procedures.
27 (4) Maintain a 24-hour-a-day telephone service available
28 to any person seeking information or assistance or desiring
29 to make a complaint regarding a mental health commitment
30 procedure or proceeding.
19890S0005B1173 - 31 -
1 (5) Advocate and make recommendations for the
2 improvement of commitment procedures so as to facilitate the
3 rendering of treatment as needed.
4 (b) Cooperation.--Administrators, directors and all other
5 persons responsible for carrying out mental health commitment
6 procedures within the Commonwealth shall cooperate with the
7 bureau to effectuate the purposes of Part II (relating to mental
8 health) and to maximize its effectiveness.
9 (c) Annual reports.--The secretary shall make annual reports
10 to the General Assembly based on the activities, findings and
11 recommendations of the office of Commissioner of Mental Health
12 pursuant to this section.
13 § 304. Qualifications of directors of State facilities.
14 (a) General rule.--Each State-operated facility shall be in
15 charge of a director who shall have the following
16 qualifications:
17 (1) Experience in the administration of mental
18 hospitals, other hospitals, institutions or other facilities.
19 (2) Ability to organize, direct and coordinate the
20 operation of the facility and its programs.
21 (b) State hospitals.--In the case where the facility is a
22 State-operated mental hospital, the director shall be a
23 physician, where possible, or demonstrate, through objective
24 measurements developed by the department, knowledge and
25 competence in the field of mental health and illness, including
26 community mental health, as well as in the field of health care
27 administration. A master's degree or appropriate equivalent
28 thereof shall be required. The director of the clinical program
29 of the hospital shall be a physician who shall be responsible
30 for planning and executing programs of treatment and therapy.
19890S0005B1173 - 32 -
1 (c) Additional qualifications.--The department by regulation
2 may establish additional standards of qualification for the
3 position of director.
4 § 305. Forms to be used under this title.
5 The department may develop suggested forms to be used in
6 carrying out the provisions of this title. By regulation, it may
7 require the use of any form so developed.
8 SUBCHAPTER B
9 DEPARTMENTAL BOARDS AND COMMITTEES
10 Sec.
11 311. Boards of trustees of State institutions.
12 312. Advisory Committee for Mental Retardation.
13 313. Advisory Committee for Mental Health.
14 314. Conjoint board.
15 § 311. Boards of trustees of State institutions.
16 (a) Institutions.--The provisions of this section shall
17 govern the boards of trustees of the following institutions:
18 (1) Altoona Center.
19 (2) Allentown State Hospital.
20 (3) Clarks Summit State Hospital.
21 (4) Danville State Hospital.
22 (5) Eastern State School and Hospital.
23 (6) Ebensburg Center.
24 (7) Embreeville Center.
25 (8) Farview State Hospital.
26 (9) Hamburg Center.
27 (10) Harrisburg State Hospital.
28 (11) Haverford State Hospital.
29 (12) Laurelton Center.
30 (13) Mayview State Hospital.
19890S0005B1173 - 33 -
1 (14) Norristown State Hospital.
2 (15) Philadelphia State Hospital.
3 (16) Polk Center.
4 (17) Selinsgrove Center.
5 (18) Somerset State Hospital.
6 (19) South Mountain Restoration Centers.
7 (20) Torrance State Hospital.
8 (21) Warren State Hospital.
9 (22) Wernersville State Hospital.
10 (23) Western Center.
11 (24) White Haven Center.
12 (25) Woodhaven Center.
13 (26) Woodville State Hospital.
14 (b) Membership.--The boards of trustees of each State
15 institution listed in subsection (a) shall consist of nine
16 members appointed by the Governor as provided in section
17 207.1(d)(4) of the act of April 9, 1929 (P.L.177, No.175), known
18 as The Administrative Code of 1929. Three of the appointees
19 shall be representatives of organizations of persons who use
20 services under this title or their families. The secretary shall
21 serve as an ex officio member of each board.
22 (c) Term of office.--Each appointed member shall serve for a
23 term of six years.
24 (d) Administrative affairs.--Annually, the members shall
25 elect a president and vice president from the membership, and a
26 secretary and treasurer who need not be members. The secretary
27 and treasurer may be the same person.
28 (e) Powers and duties.--The boards shall have the power and
29 duty to:
30 (1) Advise, assist and make recommendations to the
19890S0005B1173 - 34 -
1 superintendent with respect to the management and operation
2 of the institution and with respect to any plans or programs
3 for its improvement.
4 (2) Keep under review all matters pertaining to the
5 welfare and well-being of patients and residents and make
6 recommendations to the superintendent with respect thereto.
7 (3) Advise and make recommendations to the Commissioner
8 of Mental Health or the secretary, as the case may be, with
9 regard to the selection and appointment of a superintendent
10 in case of a vacancy.
11 (4) Advise and make recommendations to the
12 superintendent with regard to the selection of employees of
13 the institution.
14 (5) Develop and further means and methods of
15 establishing proper relations and understanding between the
16 institution, its program and the community in which it is
17 located and provide liaison between the institution and the
18 community in order to better serve the interests and needs of
19 both.
20 (6) Make recommendations to the Advisory Committees for
21 Mental Health and Mental Retardation on matters of policy and
22 program emerging from their intimate knowledge and experience
23 of mental health programs in operation.
24 § 312. Advisory Committee for Mental Retardation.
25 (a) Membership.--The committee shall consist of not more
26 than nine members appointed by the Governor who shall not hold
27 office in any political party and shall include the following
28 persons:
29 (1) The Deputy Secretary for Mental Retardation in the
30 Department of Public Welfare.
19890S0005B1173 - 35 -
1 (2) Chairman of the Senate Public Health and Welfare
2 Committee.
3 (3) Chairman of the House of Representatives Health and
4 Welfare Committee.
5 (4) President of the Pennsylvania State Association of
6 County Commissioners.
7 The exact number and qualifications of the members of the
8 advisory committee shall be determined by the Governor. The
9 Governor shall appoint members with due regard for
10 representation of the professional and lay groups concerned with
11 the field of mental retardation.
12 (b) Term of office.--Each appointed member shall serve for a
13 term of six years. No member shall serve more than two
14 consecutive terms, not including a vacancy appointment. The
15 Governor may remove any member at any time.
16 (c) Administrative affairs.--
17 (1) The committee shall elect a chairman from among its
18 members.
19 (2) The committee shall meet at least four times a year.
20 Special meetings shall be held on the call of the chairman or
21 upon the written request of one-third of the members then
22 serving.
23 (d) Compensation.--Members shall serve without compensation
24 other than reimbursement of travel and other actual expenses
25 incurred in the performance of their duties.
26 (e) Powers and duties.--The committee shall have the power
27 and duty to:
28 (1) Advise the appropriate major program units of the
29 department. This advice shall include, but not be limited to,
30 such matters as standards of eligibility, nature and extent
19890S0005B1173 - 36 -
1 of service, amounts of payments to individuals, standards of
2 approval, certification and licensure of institutions and
3 agencies, ways and means of coordinating public and private
4 welfare activities, and such other matters as may, by law,
5 require citizen review or may be referred to the committee by
6 the departmental units advised by it.
7 (2) Advise the Governor and the secretary with regard to
8 the appointment of the Deputy Secretary for Mental
9 Retardation.
10 (3) Arrange for and conduct public hearings as may be
11 required by law or which it deems necessary and advisable.
12 (4) Promote better public understanding of the programs
13 and objectives of the departmental units advised by it.
14 (5) Advise the department with regard to the
15 establishment of minimum standards for a merit system of
16 employment to be used by local authorities under section
17 501(b) (relating to general powers and duties of local
18 authorities).
19 § 313. Advisory Committee for Mental Health.
20 (a) Membership.--The committee shall consist of not more
21 than 13 members appointed by the Governor who shall not hold
22 office in any political party and shall include the following
23 persons:
24 (1) Commissioner of Mental Health in the Department of
25 Public Welfare.
26 (2) Chairman of the Public Health and Welfare Committee
27 of the Senate.
28 (3) Chairman of the Health and Welfare Committee of the
29 House of Representatives.
30 (4) President of the Pennsylvania State Association of
19890S0005B1173 - 37 -
1 County Commissioners.
2 The exact number and qualifications of the members of the
3 advisory committee shall be determined by the Governor. The
4 Governor shall appoint the remaining nine members so that three
5 members represent organizations of persons using mental health
6 services, three members represent families of persons using
7 mental health services and three members represent advocates or
8 other professionals involved with mental health, with due regard
9 for representation of the professional and lay groups concerned
10 with the field of mental health.
11 (b) Term of office.--Each appointed member shall serve for a
12 term of six years. No member shall serve more than two
13 consecutive terms, not including a vacancy appointment. The
14 Governor may remove any member at any time.
15 (c) Administrative affairs.--
16 (1) The committee shall elect a chairman from among its
17 members.
18 (2) The committee shall meet at least four times a year.
19 Special meetings shall be held on the call of the chairman or
20 upon the written request of one-third of the members then
21 serving.
22 (d) Compensation.--Members shall serve without compensation
23 other than reimbursement of travel and other actual expenses
24 incurred in the performance of their duties.
25 (e) Powers and duties.--The committee shall have the power
26 and duty to:
27 (1) Advise the appropriate major program units of the
28 department. This advice shall include, but not be limited to,
29 such matters as standards of eligibility, nature and extent
30 of service, amounts of payments to individuals, standards of
19890S0005B1173 - 38 -
1 approval, certification and licensure of institutions and
2 agencies, ways and means of coordinating public and private
3 welfare activities, and such other matters as may, by law,
4 require citizen review or may be referred to the committee by
5 the departmental units advised by it.
6 (2) Advise the Governor and the secretary with regard to
7 the appointment of the Commissioner of Mental Health.
8 (3) Arrange for and conduct public hearings as may be
9 required by law or which it deems necessary and advisable.
10 (4) Promote better public understanding of the programs
11 and objectives of the departmental units advised by it.
12 (5) Advise the department with regard to the
13 establishment of minimum standards for a merit system of
14 employment to be used by local authorities under section
15 501(b) (relating to general powers and duties of local
16 authorities).
17 § 314. Conjoint board.
18 (a) Purpose.--To ensure the integration of State hospitals
19 and county programs into an array of services providing
20 comprehensiveness and continuity of care to all residents of
21 counties served by each State hospital, the secretary shall
22 appoint a conjoint board for the designated service area of each
23 State hospital.
24 (b) Membership.--The board shall consist of the following
25 members:
26 (1) The hospital superintendent.
27 (2) The administrator for each county or jointure of
28 counties serviced by the State hospital.
29 (3) A member of each county mental health and mental
30 retardation board operating within the designated service
19890S0005B1173 - 39 -
1 area of the hospital, to be selected by its membership.
2 (4) A number of members of the board of trustees of the
3 State hospital equal, to the extent possible, to the number
4 of members from the county mental health and mental
5 retardation boards selected in paragraph (3). These members
6 shall be selected by the boards of trustees.
7 (5) If consumers, family members, advocates, service
8 providers and mental health review officers are not
9 represented on the board, a member from each group shall be
10 appointed. In any event, there shall be at least three
11 representatives from the county mental health and mental
12 retardation boards and three representatives of the board of
13 trustees appointed to each conjoint board.
14 (c) Administrative affairs.--The members shall select a
15 chairman from among themselves. Each board shall meet quarterly
16 the first year and at least twice each year thereafter, and may
17 by majority vote of the membership establish more frequent
18 regular meetings. Special meetings shall be held on call of the
19 chairman.
20 (d) Powers and duties.--Each conjoint board shall have the
21 power and duty to:
22 (1) Review and evaluate the State hospital's needs,
23 services, facilities and special problems in relation to the
24 mental health needs, services and programs of the counties it
25 serves.
26 (2) Recommend to the board of trustees not less than two
27 persons to fill any vacancies in the position of
28 superintendent. Such persons shall meet the standards of
29 professional skill and experience as the department may
30 establish by regulation.
19890S0005B1173 - 40 -
1 (3) Develop regional service priorities to assist the
2 superintendent and the administrators in developing plans for
3 the operation of the hospital and the county programs in
4 providing integrated services for the service area.
5 (4) Make recommendations to the department and the
6 Advisory Committee for Mental Health and Mental Retardation
7 regarding the hospital and any other matters relating to
8 mental health services in the counties served by the
9 hospital, including purchase of service contracts and the
10 extent of funds required to implement the program.
11 (5) Review performance of the hospital as to community
12 services and to recommend a system of program evaluation.
13 CHAPTER 5
14 COUNTY BOARDS OF MENTAL HEALTH
15 AND MENTAL RETARDATION
16 Sec.
17 501. General powers and duties of local authorities.
18 502. County mental health and mental retardation board.
19 503. Duties of board.
20 504. Appointment of county mental health and mental retardation
21 administrator.
22 505. Duties of administrator.
23 § 501. General powers and duties of local authorities.
24 (a) Establishment of program.--The local authorities of each
25 county separately or in concert with another county or counties,
26 as the department may approve, shall establish a county mental
27 health and mental retardation program for the prevention of
28 mental disability and for the diagnosis, care, treatment,
29 rehabilitation and detention of the mentally disabled, and shall
30 have power to make appropriations for such purposes. To ensure
19890S0005B1173 - 41 -
1 the operation of a county mental health and mental retardation
2 program in each county, the department shall have the power to
3 direct the local authorities of any county to join with the
4 local authorities of any other county to establish such program
5 or become a part of a program existing in such other county or
6 counties.
7 (b) Personnel.--To operate the county mental health and
8 mental retardation program, the local authorities shall employ
9 such personnel as are necessary. The selection, appointment and
10 retention of these employees and the termination of their
11 employment shall be on the basis of a merit system which shall
12 conform to minimum standards established by regulations of the
13 department.
14 (c) Duties of local authorities for mandated services.--
15 Subject to the provisions of sections 128 (relating to relief of
16 county from obligation to ensure service) and 129(a)(5)
17 (relating to State and local grants and payments), it shall be
18 the duty of local authorities in cooperation with the department
19 to ensure that the following mental health services, with a
20 first priority for those adults with severe mental illness and
21 children with serious mental health problems, and mental
22 retardation services are available:
23 (1) Short-term inpatient services other than those
24 provided by the Commonwealth, including diagnosis,
25 evaluation, care, treatment or rehabilitation rendered to a
26 person receiving services or benefits in a facility for a
27 continuous period of 24 hours, or longer.
28 (2) Outpatient services, including diagnosis,
29 evaluation, counseling, care, treatment or rehabilitation
30 rendered under this title in a facility, to a person not
19890S0005B1173 - 42 -
1 receiving inpatient or partial hospitalization services.
2 (3) Partial hospitalization services, including
3 diagnosis, evaluation, care, treatment or rehabilitation
4 rendered to a person receiving services or benefits in a
5 facility for some portion of one or more 24-hour periods. In
6 the case of the mentally ill, these services shall include
7 three levels of care: acute treatment, intermediate
8 rehabilitative and indefinite extended care.
9 (4) Emergency services 24 hours per day which shall be
10 provided by or available within at least one of the types of
11 services specified in this subsection.
12 (5) Consultation and education services.
13 (6) Services for persons released from State and county
14 facilities, designed to assist persons in establishing and
15 maintaining themselves as members of society.
16 (7) Specialized rehabilitative and training services.
17 (8) Residential care provided through the county mental
18 health and mental retardation program, including such
19 residential care provided to former patients of State mental
20 hospitals and former residents of State centers for the
21 mentally retarded.
22 (9) Unified procedures for intake for all county
23 services and a central place providing referral services and
24 information.
25 (10) Case management services designed to ensure
26 continuity of care and the maintaining of a continuing
27 relationship between the mentally ill person and the
28 providers responsible for service to the person at any stage
29 of the illness from intake to closure, including the
30 development and coordination of the treatment plan, arranging
19890S0005B1173 - 43 -
1 linkages to all appropriate services, providing outreach,
2 assisting clients in moving through the service system as
3 their needs change, including assistance in obtaining decent,
4 affordable housing, education, training and job placement,
5 supporting families and other informal caregivers and
6 advocating access to all appropriate services and benefits.
7 (11) Intensive clinical case management services,
8 including interventions with service providers, family and
9 household members, neighbors and employers for mentally ill
10 persons who have threatened violence or who require a
11 disproportionate share of services.
12 (12) A full range of mental health residential services,
13 including short term services as an alternative to
14 hospitalization, intermediate services for rehabilitation and
15 indefinite extended care.
16 (13) Training of personnel involved in the delivery of
17 mental health services in accordance with State standards.
18 (d) Other services.--The local authorities shall also have
19 the power to establish the following services or programs for
20 the mentally disabled:
21 (1) Training of personnel involved in the delivery of
22 mental retardation services.
23 (2) Research.
24 (3) Any other service or program designed to prevent
25 mental disability or the necessity of the mentally disabled
26 person receiving inpatient services in a facility.
27 (e) Provision of services.--Services required or authorized
28 may be provided either directly or by purchase of such services,
29 except that the services required in subsection (c)(9) shall be
30 provided directly through the administrator. Purchase of service
19890S0005B1173 - 44 -
1 arrangements shall be designed to facilitate and encourage the
2 private profit and nonprofit sector to assume increased
3 responsibility for the public patient. Nothing in this
4 subsection shall be construed to absolve the county from its
5 responsibility to provide mandated services by virtue of
6 contracting for those services.
7 § 502. County mental health and mental retardation board.
8 (a) Establishment.--Except in cities of the first class, the
9 local authorities shall appoint a mental health and mental
10 retardation board which shall consist of 13 residents. At least
11 two members shall be physicians and, where possible, one shall
12 be a psychiatrist and the other a pediatrician. There shall also
13 be appropriate representation drawn from the professional fields
14 of psychology, social work, nursing, education and religion;
15 local citizens' organizations active in the field of mental
16 health; local citizens' organizations active in the field of
17 mental retardation; local health and welfare planning
18 organizations; local general hospitals; and other interested
19 community groups. Two members shall be representatives of
20 organizations of persons who use mental health services and two
21 members shall be representatives of organizations of families of
22 such persons. Where two or more counties are participating in
23 concert in the program, the members of the board shall be
24 selected substantially on a proportionate basis as to
25 population. Each county, irrespective of population, shall have
26 a representative of the county commissioners on the board.
27 (b) Terms.--Each member shall be appointed for a period of
28 three years. Any vacancies occurring in the membership of the
29 board shall be filled by the local authorities for the unexpired
30 period. The local authorities may remove any member of the board
19890S0005B1173 - 45 -
1 during his period of service for cause only. The members shall
2 serve without compensation other than reimbursement for travel
3 and other actual expenses incurred in connection with called
4 meetings of the board.
5 (c) Board procedures.--The members shall select a chairman
6 from among themselves. Each board shall meet at least once each
7 quarter and may, by majority vote of the membership, establish
8 more frequent regular meetings not exceeding one per month.
9 Special meetings shall be held on call of the chairman or upon
10 the written request of one-third of the members then serving.
11 (d) First class cities.--In cities of the first class, a
12 mental health and mental retardation board shall be appointed
13 and the members shall hold office under the provisions of the
14 city charter.
15 § 503. Duties of board.
16 (a) Powers and duties.--The county mental health and mental
17 retardation board shall have the power and duty to:
18 (1) Review and evaluate the county's mental health and
19 mental retardation needs, services, facilities and special
20 problems in relation to the local health and welfare needs,
21 services and programs.
22 (2) Develop, together with the administrator, annual
23 plans for the mental health and mental retardation programs
24 required by sections 129 (relating to State and local grants
25 and payments) and 501 (relating to general powers and duties
26 of local authorities).
27 (3) Make recommendations to the local authorities
28 regarding the program and any other matters relating to
29 mental health and mental retardation services in the county,
30 including purchase of service contracts and the extent of
19890S0005B1173 - 46 -
1 funds required to implement the program.
2 (4) Review performance under the mental health and
3 mental retardation program and recommend a system of program
4 evaluation.
5 (b) Alternative organization.--The functions of the board
6 may be performed by a multi-purpose board acting in the health
7 and welfare field if the local authorities so elect with
8 appropriate representation as specified in section 502(a)
9 (relating to county mental health and mental retardation board),
10 insofar as possible and subject to the approval of the
11 department.
12 § 504. Appointment of county mental health and mental
13 retardation administrator.
14 Except in cities of the first class, where the administrator
15 shall be appointed under the merit system, the local authorities
16 shall appoint a county mental health and mental retardation
17 administrator from a list of not less than two names submitted
18 by the county mental health and mental retardation board. If 30
19 days after the board has submitted a list to the local
20 authorities an appointment has not been made because of a tie
21 vote or other failure of the local authorities, the
22 administrator shall be appointed by the secretary after
23 consultation with the local authorities. The administrator shall
24 serve at the pleasure of the local authorities, except that an
25 appointment made by the secretary shall not be terminated
26 without the approval of the board.
27 § 505. Duties of administrator.
28 The county mental health and mental retardation administrator
29 shall have the power and duty to:
30 (1) Administer the county mental health and mental
19890S0005B1173 - 47 -
1 retardation program.
2 (2) Ensure that county mental health and mental
3 retardation services required by this title are available.
4 (3) Provide staff services to the county mental health
5 and mental retardation board.
6 (4) Make such reports to the department in such form and
7 containing such information as the department may require.
8 (5) Develop, together with the board, annual plans for
9 the mental health and mental retardation programs.
10 (6) Submit to local authorities annual plans and
11 estimated costs for the provision of services, establishment
12 and operation of facilities, and other related matters for
13 review, approval and transmittal to the department.
14 (7) Review and evaluate facilities and cooperate with
15 the department in the maintenance of established standards.
16 (8) Maintain effective liaison with governmental and
17 private community health and welfare agencies and
18 organizations and State-operated facilities.
19 (9) Submit an annual report to the local authorities,
20 the board and the department reporting all activities of the
21 program and his administration thereof.
22 (10) Analyze and evaluate mental health and mental
23 retardation needs and services in the county and recommend
24 improvements to the board and local authorities and conduct
25 such research studies and take such steps and adopt such
26 measures as are necessary for the proper discharge of his
27 duties.
28 CHAPTER 7
29 RESEARCH AND TRAINING
30 Subchapter
19890S0005B1173 - 48 -
1 A. Eastern Pennsylvania Psychiatric Institute
2 B. Western State Psychiatric Institute and Clinic
3 SUBCHAPTER A
4 EASTERN PENNSYLVANIA PSYCHIATRIC INSTITUTE
5 Sec.
6 701. Purpose.
7 702. Contracts with medical schools.
8 703. Leases.
9 § 701. Purpose.
10 The Eastern Pennsylvania Psychiatric Institute shall provide
11 training and teaching to graduate and undergraduate students in
12 the mental health field and shall conduct research into the
13 causes, prevention, treatment and cure of mental, neurological
14 and related disorders.
15 § 702. Contracts with medical schools.
16 Through the department, the Eastern Pennsylvania Psychiatric
17 Institute may enter into agreements specifying the terms and
18 conditions under which one or more medical schools selected by
19 the secretary may be associated with the institute in providing
20 diagnosis, treatment, training, teaching and research. These
21 agreements may provide for the transfer of responsibility by the
22 department for the management and operation of the institute in
23 whole or in part.
24 § 703. Leases.
25 The Department of General Services, with the approval of the
26 Governor, is authorized to lease or sublease all or part of the
27 land and buildings known as the Eastern Pennsylvania Psychiatric
28 Institute, and equipment therein, as appropriate to medical
29 schools selected by the secretary upon such terms and conditions
30 as the Department of General Services may prescribe.
19890S0005B1173 - 49 -
1 SUBCHAPTER B
2 WESTERN STATE PSYCHIATRIC INSTITUTE AND CLINIC
3 Sec.
4 711. Purpose.
5 712. Management.
6 713. Medical advisory board.
7 714. Leases.
8 § 711. Purpose.
9 (a) Research.--The Western State Psychiatric Institute and
10 Clinic, located in Allegheny County, shall be used for study and
11 research into the causes, treatment, prevention and cure of the
12 various types of nervous disorders and mental diseases.
13 (b) Training of medical students.--The institute shall also
14 provide training and teaching both at the undergraduate and at
15 the graduate level of students who, upon graduation, will enter
16 the practice of general medicine, with a technical background of
17 training in mental illness, as well as for the purpose of taking
18 up the great gap between the number of qualified psychiatrists
19 and the number who are needed as a result of the constantly
20 mounting number of persons needing attention for mental
21 disorders.
22 (c) Training of State hospital personnel.-- The institute
23 shall provide regular courses of study for State hospital
24 personnel in order that there may be a more highly trained and
25 efficient staff and personnel in the various mental institutions
26 throughout this Commonwealth.
27 (d) Prevention.--The institute shall deal with the mental
28 hygiene of the normal child in the way of study and training in
29 order that there may be a program of prevention of mental and
30 nervous disorders as a result of giving children the proper
19890S0005B1173 - 50 -
1 background and training that will prevent such disorders.
2 (e) Training of nurses.--The institute shall train and teach
3 nurses and other personnel needed in the treatment, care and
4 prevention of mental illness.
5 (f) Administration.--The institute shall focus its expert
6 activities on problems of administration so that studies may be
7 made to deal effectively, humanely and economically with the
8 care of mental illness throughout this Commonwealth.
9 § 712. Management.
10 The Western State Psychiatric Institute and Clinic shall be
11 under the management of the Board of Trustees of the University
12 of Pittsburgh, which board shall select and appoint a director
13 of the institute who shall be a physician of qualifications and
14 experience in the care and treatment of mental diseases and
15 mentally disabled persons.
16 § 713. Medical advisory board.
17 (a) Membership.--The medical advisory board shall consist
18 of:
19 (1) The Secretary.
20 (2) The Commissioner of Mental Health.
21 (3) The chairman of the medical advisory board of the
22 Eastern Pennsylvania Psychiatric Institute.
23 (4) The director of the Western State Psychiatric
24 Institute and Clinic, who shall serve as chairman.
25 (5) The dean of the Graduate School of Public Health of
26 the University of Pittsburgh.
27 (6) The dean of the School of Nursing of the University
28 of Pittsburgh.
29 (7) The president of the Western Pennsylvania Neuro-
30 Psychiatry Society.
19890S0005B1173 - 51 -
1 (8) The chairman of the Board of Trustees of the
2 University of Pittsburgh.
3 (b) Powers and duties.--The duty of the board shall be to
4 submit policy recommendations relative to the treatment and cure
5 of persons admitted to the institute and clinic for treatment
6 and recommend anything necessary to carry out the purposes of
7 the institute.
8 (c) Recommendations.--All recommendations concerning the
9 policies of the institute and clinic which come from the medical
10 advisory board shall be referred to the board of trustees
11 through the trustee committee of the Medical Center of the
12 University of Pittsburgh. When the recommendations are
13 considered by the trustee committee of the Medical Center of the
14 University of Pittsburgh, the secretary shall be invited to be
15 present and to participate in the discussion.
16 § 714. Leases.
17 (a) Rental to University of Pittsburgh.--The Department of
18 General Services, with the approval of the Governor, is
19 authorized and directed to lease, for the rental of $1 per
20 annum, to the Board of Trustees of the University of Pittsburgh,
21 all the lands, buildings and equipment in the City of
22 Pittsburgh, County of Allegheny, Pennsylvania, which comprise
23 the Western State Psychiatric Institute and Clinic, for a term
24 to be agreed upon.
25 (b) Execution of lease.--The lease authorized in subsection
26 (a) shall be prepared by the Department of General Services,
27 with the approval of the Governor and the Attorney General.
28 (c) Transfer of property.--The department is hereby
29 authorized and required to relinquish the government,
30 management, operation and control of the Western State
19890S0005B1173 - 52 -
1 Psychiatric Institute and Clinic to the University of
2 Pittsburgh, at such time as may be agreed upon by the terms of
3 the lease authorized in subsection (a).
4 PART II
5 MENTAL HEALTH
6 Chapter
7 9. General Provisions
8 11. Voluntary Examination and Treatment
9 13. Involuntary Examination and Treatment
10 15. Examination and Treatment of Persons Charged with Crime
11 or Under Sentence
12 CHAPTER 9
13 GENERAL PROVISIONS
14 Subchapter
15 A. Preliminary Provisions
16 B. General Treatment Provisions
17 C. Judicial Matters
18 SUBCHAPTER A
19 PRELIMINARY PROVISIONS
20 Sec.
21 901. Short title of part.
22 902. Statement of policy.
23 903. Scope of part.
24 § 901. Short title of part.
25 This part shall be known and may be cited as the Mental
26 Health Procedures Act.
27 § 902. Statement of policy.
28 (a) General statement.--It is the policy of the Commonwealth
29 of Pennsylvania to seek to assure the availability of adequate
30 treatment to persons who are mentally ill, and it is the purpose
19890S0005B1173 - 53 -
1 of this part to establish procedures whereby this policy can be
2 effected. The provisions of this part shall be interpreted in
3 conformity with the principles of due process to make voluntary
4 and involuntary treatment available where the need is great and
5 its absence could result in serious harm to the mentally ill
6 person or to others. Treatment on a voluntary basis shall be
7 preferred to involuntary treatment. In every case, the least
8 restrictions consistent with treatment appropriate to the
9 individual's needs shall be employed.
10 (b) Excluded diagnoses.--Persons who are mentally retarded,
11 senile, alcoholic or drug dependent shall receive mental health
12 treatment only if they are also diagnosed as mentally ill, but
13 these conditions of themselves shall not be deemed to constitute
14 mental illness.
15 § 903. Scope of part.
16 This part establishes rights and procedures for all
17 involuntary treatment of mentally ill persons, whether inpatient
18 or outpatient, and for all voluntary inpatient treatment of
19 mentally ill persons. Inpatient treatment includes all treatment
20 that requires full-time or part-time residence in a facility.
21 SUBCHAPTER B
22 GENERAL TREATMENT PROVISIONS
23 Sec.
24 911. Provision for treatment.
25 912. Treatment facilities.
26 913. Formulation and review of treatment plan.
27 914. Periodic reexamination, review and redisposition.
28 915. Rights and remedies of persons in treatment.
29 916. Continuity of care.
30 917. Medical necessity of treatment.
19890S0005B1173 - 54 -
1 § 911. Provision for treatment.
2 (a) Requirement of adequate treatment.--Adequate treatment
3 designed and administered to alleviate a person's pain and
4 distress and to maximize the probability of recovery from mental
5 illness shall be provided to all persons in treatment who are
6 subject to this part. It may include inpatient treatment,
7 partial hospitalization or outpatient treatment.
8 (b) Treatment requirements.--Treatment shall include
9 diagnosis, evaluation, therapy or rehabilitation needed to
10 alleviate pain and distress and to facilitate the recovery of a
11 person from mental illness. It shall also include care and other
12 services that supplement treatment and aid or promote recovery.
13 (c) Additional requirements for inpatient treatment.--
14 Adequate inpatient treatment shall include such accommodations,
15 diet, heat, light, sanitary facilities, clothing, recreation,
16 education and medical care as are necessary to maintain decent,
17 safe and healthful living conditions.
18 § 912. Treatment facilities.
19 (a) Approval by department.--Involuntary treatment and
20 voluntary treatment funded in whole or in part by public moneys
21 shall be available at a facility approved for those purposes by
22 the administrator or by the department. Approval of facilities
23 shall be made pursuant to regulations adopted by the department.
24 (b) Treatment at Federal agencies.--Treatment may be ordered
25 at the Veterans' Administration or other Federal agency upon
26 receipt of a certificate that the person is eligible for such
27 hospitalization or treatment and that there is available space
28 for his care. Mental health facilities operated under the direct
29 control of the Veterans' Administration or other Federal agency
30 are exempt from obtaining State approval.
19890S0005B1173 - 55 -
1 (c) Departmental standards for approval.--The department's
2 standards for approval shall be at least as stringent as those
3 of the joint commission on accreditation of hospitals and those
4 of the Federal Government pursuant to Titles 18 and 19 of the
5 Social Security Act (Public Law 74-271, 42 U.S.C. § 301 et seq.)
6 to the extent that the type of facility is one in which those
7 standards are intended to apply.
8 (d) Exemptions from standards.--An exemption from the
9 standards may be granted by the department for a period not in
10 excess of one year and may be renewed. Notice of each exemption
11 and the rationale for allowing the exemption shall be published
12 pursuant to the act of July 31, 1968 (P.L.769, No.240), referred
13 to as the Commonwealth Documents Law, and Title 45 (relating to
14 legal notices) and shall be prominently posted at the entrance
15 to the main office and in the reception areas of the facility.
16 § 913. Formulation and review of treatment plan.
17 (a) Duty of treatment team.--Pursuant to section 914
18 (relating to periodic reexamination, review and redisposition),
19 a treatment team shall formulate and review an individualized
20 treatment plan for every person who is in treatment under this
21 part.
22 (b) Director of treatment team generally.--A treatment team
23 shall be under the direction of either a physician or a licensed
24 clinical psychologist and may include other mental health
25 professionals.
26 (c) Direction by physician required.--A treatment team shall
27 be under the direction of a physician when:
28 (1) the failure to do so would jeopardize Federal
29 payments made on behalf of a patient; or
30 (2) the director of a facility requires the treatment to
19890S0005B1173 - 56 -
1 be under the direction of a physician.
2 (d) Physician required to be on treatment team.--All
3 treatment teams shall include a physician, and the
4 administration of all drugs shall be controlled by the act of
5 April 14, 1972 (P.L.233, No.64), known as The Controlled
6 Substance, Drug, Device and Cosmetic Act.
7 (e) Involvement of mentally ill person.--To the extent
8 possible, the plan shall be made with the cooperation,
9 understanding and consent of the person in treatment and shall
10 impose the least restrictive alternative consistent with
11 affording the person adequate treatment for the person's
12 condition.
13 (f) Individualized treatment plan.--For the purposes of this
14 part, an individualized treatment plan shall be a plan of
15 treatment formulated for a particular person in a program
16 appropriate to his specific needs.
17 § 914. Periodic reexamination, review and redisposition.
18 (a) Reexamination and review.--Every person who is in
19 treatment under this part shall be examined by a treatment team,
20 and the person's treatment plan shall be reviewed not less than
21 once in every 30 days.
22 (b) Redisposition.--On the basis of reexamination and
23 review, the treatment team may either authorize continuation of
24 the existing treatment plan if appropriate, formulate a new
25 individualized treatment plan or recommend to the director the
26 discharge of the person. A person shall not remain in treatment
27 or under any particular mode of treatment for longer than the
28 treatment is necessary and appropriate to the person's needs.
29 (c) Record of reexamination and review.--The treatment team
30 responsible for the treatment plan shall maintain a record of
19890S0005B1173 - 57 -
1 each reexamination and review under this section for each person
2 in treatment to include:
3 (1) A report of the reexamination, including a diagnosis
4 and prognosis.
5 (2) A brief description of the treatment provided to the
6 person during the period preceding the reexamination and the
7 results of that treatment.
8 (3) A statement of the reason for discharge or for
9 continued treatment.
10 (4) An individualized treatment plan for the next
11 period, if any.
12 (5) A statement of the reasons that the treatment plan
13 imposes the least restrictive alternative consistent with
14 adequate treatment of the person's condition.
15 (6) A certification that the adequate treatment
16 recommended is available and will be afforded in the
17 treatment program.
18 (D) DIAGNOSTIC TESTING AS PART OF TREATMENT REVIEW.--FOR AN <--
19 INDIVIDUAL WITH AN ACUTE EPISODE OF SERIOUS MENTAL ILLNESS AND A
20 HISTORY OF CHRONIC ADMISSIONS AS DEFINED IN THIS ACT, TREATMENT
21 REVIEW SHALL INCLUDE A COMPREHENSIVE AND INDEPENDENT PSYCHIATRIC
22 ASSESSMENT OF THAT INDIVIDUAL'S TREATMENT PLAN AND NEEDS, WITH
23 THE PROVISION OF SUCH DIAGNOSTIC TESTING AS IS DEEMED TO BE
24 PROFESSIONALLY APPROPRIATE BY AN INDEPENDENT PSYCHIATRIC
25 PROFESSIONAL.
26 § 915. Rights and remedies of persons in treatment.
27 Every person who is in treatment shall be entitled to all
28 other rights now or hereafter provided under the laws of this
29 Commonwealth, in addition to any rights provided for in this
30 part. Actions requesting damages, declaratory judgment,
19890S0005B1173 - 58 -
1 injunction, mandamus, writs of prohibition, habeas corpus
2 (including challenges to the legality of detention or degree of
3 restraint) and any other remedies or relief granted by law may
4 be maintained in order to protect and effectuate the rights
5 granted under this part.
6 § 916. Continuity of care.
7 (a) Referrals from inpatient mental health facilities.--It
8 shall be the responsibility of the facility administration to
9 refer those voluntary and involuntary patients receiving
10 publicly funded mental health services discharged from inpatient
11 mental health facilities to the appropriate county mental health
12 and mental retardation program.
13 (b) Duty of county program.--The county mental health and
14 mental retardation program, through its administrator, shall,
15 pursuant to Chapter 5 (relating to county boards of mental
16 health and mental retardation), receive referrals from all
17 inpatient mental health facilities and shall be responsible for
18 the treatment needs of county residents discharged from
19 inpatient mental health facilities pursuant to Chapters 11
20 (relating to voluntary examination and treatment) and 13
21 (relating to involuntary examination and treatment).
22 § 917. Medical necessity of treatment.
23 Nothing in this part shall be construed to require a facility
24 to continue inpatient treatment where the director determines
25 such treatment is not medically indicated. Any dispute between a
26 director and an administrator as to the medical necessity for
27 voluntary inpatient treatment of a person shall be decided by
28 the Commissioner of Mental Health or the commissioner's
29 designate.
30 SUBCHAPTER C
19890S0005B1173 - 59 -
1 JUDICIAL MATTERS
2 Sec.
3 921. Mental health review officers.
4 922. Documents.
5 923. Jurisdiction of legal proceedings.
6 § 921. Mental health review officers.
7 (a) Authorization to conduct proceedings.--Legal proceedings
8 concerning extended involuntary emergency treatment under
9 section 1303(c) (relating to extended involuntary emergency
10 treatment not to exceed 20 days), court-ordered involuntary
11 treatment under section 1304 (relating to court-ordered
12 involuntary treatment not to exceed 90 days) or 1305 (relating
13 to additional periods of court-ordered involuntary treatment) or
14 transfer hearings under section 1306 (relating to transfer of
15 persons in involuntary treatment) may be conducted by a judge of
16 the court of common pleas or by a mental health review officer
17 authorized by the court to conduct the proceedings. If the
18 mental health review officer finds that the requirements of the
19 applicable section have been met, the review officer shall so
20 certify and order involuntary examination and treatment.
21 (b) Qualifications.--Mental health review officers shall be
22 qualified as set forth in 42 Pa.C.S. § 3101(b) (relating to
23 mental health review officers).
24 (c) Review of mental health review officer certification.--
25 In all cases in which the hearing is conducted by a mental
26 health review officer, a person made subject to treatment shall
27 have the right to petition the court of common pleas for review
28 of the certification. A hearing shall be held within 72 hours
29 after the petition is filed unless a continuance is requested by
30 the person's counsel. The hearing shall include a review of the
19890S0005B1173 - 60 -
1 certification and such evidence as the court may receive or
2 require. If the court determines that further involuntary
3 treatment is necessary and that the procedures prescribed by
4 this part have been followed, it shall deny the petition.
5 Otherwise, the person shall be discharged.
6 (d) Participation in treatment plan.--Notwithstanding any
7 other provision of this part, no judge or mental health review
8 officer shall specify to the treatment team the adoption of any
9 treatment technique, modality or drug therapy.
10 § 922. Documents.
11 (a) Subject to penalties for false statements.--All written
12 statements pursuant to section 1302(a)(2) (relating to
13 involuntary emergency examination and treatment not to exceed
14 120 hours) and all applications, petitions and certifications
15 required under the provisions of this part shall be made subject
16 to the penalties provided under 18 Pa.C.S. § 4904 (relating to
17 unsworn falsification to authorities) and shall contain a notice
18 to that effect.
19 (b) Submission of documents to administrator.--All
20 applications, petitions, statements and certifications shall be
21 submitted to the administrator in the county where the person
22 was made subject to examination and treatment and such other
23 county in this Commonwealth, if any, in which the person usually
24 resides.
25 (c) Exception for voluntary patients when public funds not
26 expended for care.--Subsections (a) and (b) do not apply to
27 patients admitted pursuant to Chapter 11 (relating to voluntary
28 examination and treatment) when no part of the patient's care is
29 provided with public funds, but the department may require
30 facilities to report clinical and statistical information so
19890S0005B1173 - 61 -
1 long as the data does not identify individual patients.
2 § 923. Jurisdiction of legal proceedings.
3 (a) General rule.--The jurisdiction of the courts of common
4 pleas conferred by Chapters 11 (relating to voluntary
5 examination and treatment) and 13 (relating to involuntary
6 examination and treatment) shall be exercised initially by the
7 court for the county in which the subject of the proceedings is
8 or resides. Whenever involuntary treatment is ordered,
9 jurisdiction over any subsequent proceedings shall be retained
10 by the court in which the initial proceedings took place, but
11 may be transferred to the county of the person's usual
12 residence.
13 (b) Legal proceedings at facilities.--A judge of the court
14 of common pleas or a mental health review officer of the county
15 of venue may conduct legal proceedings at a facility where the
16 person is in treatment whether or not its location is within the
17 county.
18 CHAPTER 11
19 VOLUNTARY EXAMINATION AND TREATMENT
20 Sec.
21 1101. Persons who may authorize voluntary treatment.
22 1102. Application.
23 1103. Explanation and consent.
24 1104. Notice to parents.
25 1105. Physical examination and treatment plan.
26 1106. Withdrawal from voluntary inpatient treatment.
27 1107. Release of persons younger than 14 years of age.
28 1108. Transfer of person in voluntary treatment.
29 § 1101. Persons who may authorize voluntary treatment.
30 (a) Persons 14 years of age or older.--Any person 14 years
19890S0005B1173 - 62 -
1 of age or older who believes that treatment is needed and
2 substantially understands the nature of voluntary treatment may
3 submit to examination and treatment under this part, provided
4 that the decision to do so is made voluntarily.
5 (b) Persons younger than 14 years of age.--A parent,
6 guardian, or person standing in loco parentis to a child younger
7 than 14 years of age may subject the child to examination and
8 treatment under this part, and in so doing shall be deemed to be
9 acting for the child.
10 § 1102. Application.
11 (a) General rule.--Application for voluntary examination and
12 treatment shall be made to an approved facility or to the
13 administrator, Veterans' Administration or other Federal agency
14 operating a facility for the care and treatment of mental
15 illness.
16 (b) Designation of facility.--When application is made to
17 the administrator, the administrator shall designate the
18 approved facility for examination and for such treatment as may
19 be appropriate.
20 § 1103. Explanation and consent.
21 (a) Explanation.--Before a person is accepted for voluntary
22 inpatient treatment, an explanation shall be made of the
23 treatment, including the types of treatment in which the person
24 may be involved, and any restraints or restrictions to which the
25 person may be subject, together with a statement of the person's
26 rights under this part.
27 (b) Consent.--Consent shall be in writing upon a form
28 adopted by the department and shall be part of the person's
29 record. The consent shall include the following representations:
30 (1) The person understands the treatment will involve
19890S0005B1173 - 63 -
1 inpatient status.
2 (2) The person is willing to be admitted to a designated
3 facility for the purpose of examination and treatment.
4 (3) The person consents to admission voluntarily,
5 without coercion or duress.
6 (4) If applicable, the person has voluntarily agreed to
7 remain in treatment for a specified period of no longer than
8 72 hours after having given notice of intent to withdraw from
9 treatment.
10 § 1104. Notice to parents.
11 (a) General rule.--Upon the acceptance of an application for
12 examination and treatment by a minor 14 years of age or older
13 but under 18 years of age, the director of the facility shall
14 promptly notify the minor's parents, guardian or person standing
15 in loco parentis, and shall inform them of the right to be heard
16 upon the filing of an objection.
17 (b) Hearing.--Whenever an objection is filed pursuant to
18 subsection (a), a hearing shall be held within 72 hours by a
19 judge or mental health review officer, who shall determine
20 whether or not the voluntary treatment is in the best interest
21 of the minor.
22 § 1105. Physical examination and treatment plan.
23 (a) Physical examination.--Upon acceptance of a person for
24 voluntary examination and treatment, the person shall be given a
25 physical examination.
26 (b) Treatment plan.--Within 72 hours after acceptance of a
27 person, an individualized treatment plan shall be formulated by
28 a treatment team. The person shall be advised of the treatment
29 plan, which shall become a part of the person's record. The
30 treatment plan shall state whether inpatient treatment is
19890S0005B1173 - 64 -
1 considered necessary and what restraints or restrictions, if
2 any, will be administered, and shall set forth the bases for
3 those conclusions.
4 § 1106. Withdrawal from voluntary inpatient treatment.
5 (a) General rule.--A person in voluntary inpatient treatment
6 may withdraw at any time by giving written notice unless, as
7 stated in section 1103 (relating to explanation and consent),
8 the person has agreed in writing at the time of admission that
9 the person's release can be delayed following notice for a
10 period to be specified in the agreement, but the period shall
11 not exceed 72 hours.
12 (b) Requirement for persons who have transferred from
13 involuntary status.--Any patient converted from involuntary
14 treatment ordered pursuant to either section 1304 (relating to
15 court-ordered involuntary treatment not to exceed 90 days) or
16 1305 (relating to additional periods of court-ordered
17 involuntary treatment) to voluntary treatment status shall agree
18 to remain in treatment for 72 hours after having given written
19 notice of intent to withdraw from treatment.
20 § 1107. Release of persons younger than 14 years of age.
21 (a) Effected by parent or guardian.--The parent, legal
22 guardian or person standing in loco parentis of a person younger
23 than 14 years of age may effect the person's release.
24 (b) Upon petition of a responsible party.--Any responsible
25 party who believes that it would be in the best interest of a
26 person younger than 14 years of age in voluntary treatment to be
27 withdrawn therefrom or afforded treatment constituting a less
28 restrictive alternative may file a petition in the juvenile
29 court division of the court of common pleas for the county in
30 which the person younger than 14 years of age resides,
19890S0005B1173 - 65 -
1 requesting a withdrawal from or modification of treatment.
2 (c) Appointment of counsel.--The court shall promptly
3 appoint an attorney for the minor person and schedule a hearing
4 to determine what inpatient treatment, if any, is in the minor's
5 best interest.
6 (d) Hearing.--The hearing shall be held within ten days of
7 receipt of the petition, unless continued upon the request of
8 the attorney for the minor. The hearing shall be conducted in
9 accordance with the rules governing other juvenile proceedings.
10 § 1108. Transfer of person in voluntary treatment.
11 A person who is in voluntary treatment may not be transferred
12 from one facility to another without the person's written
13 consent.
14 CHAPTER 13
15 INVOLUNTARY EXAMINATION AND TREATMENT
16 Sec.
17 1301. Persons who may be subject to involuntary emergency
18 examination and treatment.
19 1302. Involuntary emergency examination and treatment not to
20 exceed 120 hours.
21 1303. Extended involuntary emergency treatment not to exceed
22 20 days.
23 1304. Court-ordered involuntary treatment not to exceed 90
24 days.
25 1305. Additional periods of court-ordered involuntary
26 treatment.
27 1306. Transfer of persons in involuntary treatment.
28 1307. Court-ordered involuntary outpatient treatment
29 procedures.
30 § 1301. Persons who may be subject to involuntary emergency
19890S0005B1173 - 66 -
1 examination and treatment.
2 (a) General rule.--Any person who is severely mentally
3 disabled and in need of immediate treatment may be made subject
4 to involuntary emergency examination and treatment. A person is
5 severely mentally disabled when, as a result of mental illness,
6 the capacity to exercise self-control, judgment and discretion
7 in the conduct of personal affairs and social relations or to
8 care for personal needs is so lessened that the person poses a
9 clear and present danger of harm to others or to self or of
10 substantial damage of at least $1,000 to real or personal
11 property. Past behavior occurring within seven years of the
12 determination of whether a person should be subjected to
13 involuntary treatment under any provision of this chapter shall
14 be relevant in determining whether a person is severely mentally
15 disabled and in need of immediate treatment and poses a clear
16 and present danger, as defined in this section. In the presence
17 of extraordinary circumstances, however, past behavior that
18 occurs more than seven years prior to an involuntary treatment
19 determination may be deemed relevant. Whenever past behavior is
20 relevant, evidence of past behavior shall include records of
21 prior commitments, arrests or criminal convictions; medical
22 history records; and statements or other evidence indicating
23 violent or physically assaultive behavior or other severe mental <--
24 disability.
25 (b) Determination of clear and present danger of harm to
26 others.--Clear and present danger of harm to others shall be
27 shown by establishing that within the past 60 days the person
28 has inflicted or attempted to inflict bodily harm on another or
29 substantial damage to the real or personal property of others
30 and there is a reasonable probability that such conduct will be
19890S0005B1173 - 67 -
1 repeated. If the person has been found incompetent to be tried,
2 has been detained because of pending criminal charges or has
3 been acquitted by reason of lack of criminal responsibility on
4 charges arising from conduct involving infliction of or attempt
5 to inflict bodily harm on another, the 60-day limitation shall
6 not apply so long as an application for examination and
7 treatment is filed within 30 days after the date of release from
8 detention or determination or verdict. In such case, a clear and
9 present danger of harm to others may be shown by establishing
10 that the conduct charged in the criminal proceeding did occur
11 and that there is a reasonable probability that the conduct will
12 be repeated.
13 (c) Determination of clear and present danger of harm to
14 self.--Clear and present danger of harm to self shall be shown
15 by establishing that within the past 60 days:
16 (1) the person has acted in such manner as to evidence
17 an inability, without care, supervision and the continued
18 assistance of others, to satisfy the need for nourishment,
19 personal or medical care, shelter or self-protection and
20 safety, and there is a reasonable probability that bodily
21 injury or serious physical debilitation would ensue within 30
22 days unless adequate treatment were afforded under this part;
23 (2) the person has attempted suicide and there is the
24 reasonable probability of suicide unless adequate treatment
25 is afforded under this part; or
26 (3) the person has caused or attempted substantial self-
27 mutilation and there is the reasonable probability of
28 mutilation unless adequate treatment is afforded under this
29 part.
30 (d) Effect of threats.--For the purposes of this section, a
19890S0005B1173 - 68 -
1 clear and present danger of harm to others or self may be
2 demonstrated by proof that the person has made threats to commit
3 harm within the past 30 days and has committed acts which are in
4 furtherance of the threat to commit harm or has made threats to
5 commit harm within the past 30 days and, based upon past
6 behavior, there is a reasonable probability that the threats may
7 be acted upon.
8 § 1302. Involuntary emergency examination and treatment not to
9 exceed 120 hours.
10 (a) Application for examination.--Emergency examination may
11 be undertaken at a treatment facility upon:
12 (1) the certification of a physician or licensed
13 psychologist stating the need for the examination;
14 (2) a warrant issued by the administrator OR THE <--
15 ADMINISTRATOR'S DELEGATE authorizing the examination; or
16 (3) without a warrant, application by a physician,
17 licensed psychologist or other authorized person who has
18 personally observed conduct of the person to be examined or
19 obtained statements from that person showing the need for the
20 examination.
21 (b) Warrant for emergency examination.--Upon written
22 application by a physician, licensed psychologist or other
23 responsible party setting forth facts constituting reasonable
24 grounds to believe a person is severely mentally disabled and in
25 need of immediate treatment, the administrator may issue a
26 warrant requiring a person authorized by the administrator, or
27 any peace officer, to take the person to the facility specified
28 in the warrant.
29 (c) Emergency examination without a warrant.--Upon personal
30 observation of the conduct of a person to be examined or
19890S0005B1173 - 69 -
1 statements obtained from that person constituting reasonable
2 grounds to believe that the person is severely mentally disabled
3 and in need of immediate treatment, any physician, licensed
4 psychologist or peace officer or anyone authorized by the
5 administrator may take the person to an approved facility for an
6 emergency examination. Upon arrival, a written statement setting
7 forth the grounds for believing the person to be in need of the
8 examination shall be made.
9 (d) Examination and determination of need for emergency
10 treatment.--A person taken to a facility shall be examined by a
11 physician within two hours of arrival in order to determine if
12 the person is severely mentally disabled and in need of
13 immediate treatment. If it is determined that the person is
14 severely mentally disabled and in need of emergency treatment,
15 treatment shall be begun immediately. If the physician does not
16 so find or if at any time it appears there is no longer a need
17 for immediate treatment, the person shall be discharged and
18 returned to any reasonable place of the person's choice. If the
19 person was brought to the facility by a law enforcement official
20 because of conduct constituting grounds for arrest, the facility
21 shall, upon written request by the official, promptly notify the
22 law enforcement authority of the pending discharge and shall
23 detain the person for a reasonable period of time to provide the
24 law enforcement authority with an opportunity to regain custody
25 of the person for disposition under Title 18 (relating to crimes
26 and offenses). The physician shall make a record of the
27 examination and the findings. In no event shall a person be
28 accepted for involuntary emergency treatment if a previous
29 application was granted for treatment and the new application is
30 not based on behavior occurring after the earlier application.
19890S0005B1173 - 70 -
1 (e) Notification of rights at emergency examination.--Upon
2 arrival at the facility, the person shall be informed of the
3 reasons for emergency examination and of the right to
4 communicate immediately with others and shall be given
5 reasonable use of the telephone. The person shall be requested
6 to furnish the names of parties to be notified and kept informed
7 of the person's custody and status.
8 (f) Duty of administrator.--The administrator shall:
9 (1) give notice to the parties named by the person of
10 the whereabouts and status of the person, how and when
11 contacts and visits may be made, and how they may obtain
12 information concerning the person while in inpatient
13 treatment; and
14 (2) take reasonable steps to assure that while the
15 person is detained, the health and safety needs of any
16 dependents are met, and that any personal property of and
17 premises occupied by the person are secure.
18 (g) Duration of emergency examination and treatment.--A
19 person who is in treatment pursuant to this section shall be
20 discharged whenever it is determined that the person no longer
21 is in need of treatment and, in any event, within 120 hours,
22 unless within that period:
23 (1) the person is admitted to voluntary treatment
24 pursuant to section 1102 (relating to application);
25 (2) the treating physician, in conjunction with another
26 physician, provides written justification for a 24-hour
27 extension of the involuntary emergency treatment, based on a
28 need to complete medical or diagnostic testing;
29 (3) a certification for extended involuntary emergency
30 treatment is filed pursuant to section 1303 (relating to
19890S0005B1173 - 71 -
1 extended involuntary emergency treatment not to exceed 20
2 days); or
3 (4) upon hearing, the judge or mental health review
4 officer enters an order for up to 90 days of outpatient
5 treatment or partial hospitalization under section 1304
6 (relating to court-ordered involuntary treatment not to
7 exceed 90 days), regardless of whether a prior order was
8 entered under section 1303.
9 (h) Licensed psychologist.--For the purposes of this
10 section, a licensed psychologist shall be a person licensed
11 under the act of March 23, 1972 (P.L.136, No.52), known as the
12 Professional Psychologists Practice Act, who is a graduate of an
13 accredited college or university and holds a degree of Doctor of
14 Philosophy in psychology, Doctor of Psychology, Doctor of
15 Education in psychology or a doctoral degree in a field related
16 to psychology.
17 § 1303. Extended involuntary emergency treatment not to exceed
18 20 days.
19 (a) Application.--Application for extended involuntary
20 emergency treatment may be filed for any person who is being
21 treated pursuant to section 1302 (relating to involuntary
22 emergency examination and treatment not to exceed 120 hours)
23 whenever the facility determines that the need for emergency
24 treatment is likely to extend beyond 120 hours. The application
25 shall be filed in the court of common pleas and shall state the
26 grounds on which extended emergency treatment is believed to be
27 necessary. The application shall state the name of any examining
28 physician and the substance of the physician's opinion regarding
29 the mental condition of the person.
30 (b) Appointment of counsel and scheduling of informal
19890S0005B1173 - 72 -
1 hearing.--Upon receiving an application, the court of common
2 pleas shall appoint an attorney who shall represent the person
3 unless it appears that the person can afford, and desires to
4 have, private representation. Within 24 hours after the
5 application is filed, an informal hearing shall be conducted by
6 a judge or by a mental health review officer and, if
7 practicable, shall be held at the facility.
8 (c) Informal conference on extended emergency treatment
9 application.--
10 (1) At the commencement of the informal conference, the
11 judge or the mental health review officer shall inform the
12 person of the nature of the proceedings. Information relevant
13 to whether the person is severely mentally disabled and in
14 need of treatment shall be reviewed, including the reasons
15 that continued involuntary treatment is considered necessary.
16 This explanation shall be made by a physician who examined
17 the person and shall be in terms understandable to a layman.
18 The judge or mental health review officer may review any
19 relevant information even if it would be normally excluded
20 under rules of evidence if the information is reliable. The
21 person OR THE PERSON'S REPRESENTATIVE shall have the right to <--
22 question the physician and other witnesses and to present any
23 relevant information. At the conclusion of the review, if the
24 judge or the review officer finds that the person is severely
25 mentally disabled and in need of continued involuntary
26 treatment, it shall be certified. Otherwise, the discharge of
27 the person shall be directed.
28 (2) A record of the proceedings, which need not be a
29 stenographic record, shall be made and retained for at least
30 one year. SEVEN YEARS AND SHALL BE MADE AVAILABLE FOR REVIEW <--
19890S0005B1173 - 73 -
1 BY THE ADMINISTRATOR AND ANY PHYSICIAN, JUDGE OR MENTAL
2 HEALTH REVIEW OFFICER RESPONSIBLE FOR RECOMMENDING OR
3 DECIDING WHETHER THE PERSON IS IN NEED OF IMMEDIATE OR
4 CONTINUED TREATMENT UNDER THIS CHAPTER AT ANY SUBSEQUENT
5 TIME.
6 (d) Contents of certification.--A certification for extended
7 involuntary treatment shall be made in writing upon a form
8 adopted by the department and shall include:
9 (1) Findings by the judge or mental health review
10 officer as to the reasons why extended involuntary emergency
11 treatment is necessary.
12 (2) A description of the treatment to be provided
13 together with an explanation of the adequacy and
14 appropriateness of that treatment, based upon the information
15 received at the hearing.
16 (3) Any documents required by the provisions of section
17 1302.
18 (4) The application.
19 (5) A statement that the person is represented by
20 counsel.
21 (6) An explanation of the effect of the certification,
22 the person's right to petition the court for release under
23 section 921(c) (relating to mental health review officers)
24 and the continuing right to be represented by counsel.
25 (e) Filing and service.--The certification shall be filed
26 with the director and a copy served on the person and all other
27 parties the person requested to be notified pursuant to section
28 1302(c) and on counsel.
29 (f) Effect of certification.--Upon the filing and service of
30 a certification for extended involuntary emergency treatment,
19890S0005B1173 - 74 -
1 the person may be given treatment in an approved facility for a
2 period not to exceed 20 days.
3 (g) Duration of extended involuntary emergency treatment.--
4 Whenever a person is no longer severely mentally disabled or in
5 need of immediate treatment and, in any event, within 20 days
6 after the filing of the certification, the person shall be
7 discharged, unless within that period:
8 (1) the person is admitted to voluntary treatment
9 pursuant to section 1102 (relating to application); or
10 (2) the court orders involuntary treatment pursuant to
11 section 1304 (relating to court-ordered involuntary treatment
12 not to exceed 90 days).
13 § 1304. Court-ordered involuntary treatment not to exceed 90
14 days.
15 (a) Procedures for persons already subject to involuntary
16 treatment.--
17 (1) A petition for court-ordered involuntary treatment
18 for persons already subject to treatment under sections 1303
19 (relating to extended involuntary emergency treatment not to
20 exceed 20 days) and 1305 (relating to additional periods of
21 court-ordered involuntary treatment) and this section who are
22 severely mentally disabled and in need of treatment may be
23 made by the administrator or the director to the court of
24 common pleas.
25 (2) The petition shall be in writing upon a form adopted
26 by the department and shall include a statement of the facts
27 constituting reasonable grounds to believe that the person is
28 severely mentally disabled and in need of treatment.
29 (3) For the purposes of this subsection, it shall be
30 sufficient to represent, and upon hearing to reestablish,
19890S0005B1173 - 75 -
1 that the conduct originally required by section 1301
2 (relating to persons who may be subject to involuntary
3 emergency examination and treatment) in fact occurred and
4 that the person's condition continues to evidence a clear and
5 present danger of harm to self or others, AS THE TERM IS <--
6 DEFINED IN SECTION 1301 (RELATING TO PERSONS WHO MAY BE
7 SUBJECT TO INVOLUNTARY EMERGENCY EXAMINATION AND TREATMENT).
8 In such event, it shall not be necessary to show the
9 recurrence of dangerous conduct, either harmful or
10 debilitating, within the past 60 days.
11 (4) The petition shall state the name of any examining
12 physician and the substance of the physician's opinion
13 regarding the mental condition of the person. It shall also
14 state that the person has been given the information required
15 by paragraph (5).
16 (5) Upon the filing of the petition, the administrator
17 shall serve a copy on the person, the person's attorney and
18 those designated to be kept informed, as provided in section
19 1302(e) (relating to involuntary emergency examination and
20 treatment not to exceed 120 hours), including an explanation
21 of the nature of the proceedings, the person's right to an
22 attorney and the services of an expert in the field of mental
23 health, as provided by subsection (c).
24 (6) A hearing on the petition shall be held not more
25 than five days after the filing of the petition.
26 (7) Treatment shall be permitted to be maintained
27 pending the determination of the petition.
28 (B) PROCEDURES FOR CHRONIC ADMISSIONS.--A PETITION FOR <--
29 COURT-ORDERED INVOLUNTARY TREATMENT PURSUANT TO THIS SECTION FOR
30 THOSE PERSONS CONSIDERED TO BE CHRONIC ADMISSIONS AS DEFINED IN
19890S0005B1173 - 76 -
1 THIS ACT MAY BE MADE IN ACCORDANCE WITH THE REQUIREMENTS OF
2 SUBSECTION (A).
3 (b) (C) Procedures for persons not in involuntary <--
4 treatment.--
5 (1) Any responsible party may file a petition in the
6 court of common pleas requesting court-ordered involuntary
7 treatment for any person not already in involuntary treatment
8 who is severely mentally disabled and in need of treatment, <--
9 AS THE TERM IS DEFINED IN SECTION 1301 (RELATING TO PERSONS
10 WHO MAY BE SUBJECT TO INVOLUNTARY EMERGENCY EXAMINATION AND
11 TREATMENT).
12 (2) The petition shall be in writing upon a form adopted
13 by the department and shall set forth facts constituting
14 reasonable grounds to believe that the person is severely
15 mentally disabled and in need of treatment. The petition
16 shall state the name of any examining physician and the
17 substance of the physician's opinion regarding the mental
18 condition of the person.
19 (3) Upon a determination that the petition sets forth
20 such reasonable cause, the court shall appoint an attorney to
21 represent the person and set a date for the hearing as soon
22 as practicable. The attorney shall represent the person
23 unless it appears that the person can afford, and desires to
24 have, private representation.
25 (4) The court, by summons, shall direct the person to
26 appear for a hearing. The court may issue a warrant directing
27 a person authorized by the administrator or a peace officer
28 to bring the person before the court at the time of the
29 hearing if there are reasonable grounds to believe that the
30 person will not appear voluntarily. A copy of the petition
19890S0005B1173 - 77 -
1 shall be served on the person at least three days before the
2 hearing together with a notice advising that an attorney has
3 been appointed who shall represent the person unless the
4 person personally obtains an attorney, that the person has a
5 right to be assisted in the proceedings by an expert in the
6 field of mental health and that the person may request or be
7 made subject to psychiatric examination under paragraph (5).
8 (5) Upon motion of either the petitioner or the person
9 or upon its own motion, the court may order the person to be
10 examined by a psychiatrist appointed by the court. The
11 examination shall be conducted on an outpatient basis, and
12 the person shall have the right to have counsel present. A
13 report of the examination shall be given to the court and
14 counsel at least 48 hours prior to the hearing.
15 (6) Involuntary treatment shall not be authorized during
16 the pendency of a petition except in accordance with section
17 1302 or 1303.
18 (c) (D) Professional assistance.--A person with respect to <--
19 whom a hearing has been ordered under this section shall have
20 and be informed of a right to employ a physician, clinical
21 psychologist or other expert in mental health of the person's
22 choice to provide assistance in connection with and testimony on
23 the person's behalf at the hearing. If the person cannot afford
24 to engage such a professional, the court shall, on application,
25 allow a reasonable fee for that purpose. The fee shall be a
26 charge against the mental health and mental retardation program
27 of the locality.
28 (d) (E) Hearing on petition.--A hearing on a petition for <--
29 court-ordered involuntary treatment shall be conducted according
30 to the following:
19890S0005B1173 - 78 -
1 (1) The person shall not be called as a witness without
2 the person's consent and shall have the right to confront and
3 cross-examine all witnesses and to present evidence in the
4 person's own behalf.
5 (2) The hearing shall be public unless it is requested
6 to be private by the person or the person's counsel.
7 (3) A stenographic or other sufficient record shall be <--
8 made, which shall be impounded by the court and may be
9 obtained or examined only upon the request of the person or
10 the person's counsel or by order of the court on good cause
11 shown.
12 (3) A STENOGRAPHIC OR OTHER SUFFICIENT RECORD SHALL BE <--
13 MADE, WHICH SHALL BE IMPOUNDED BY THE COURT AND MAY BE
14 OBTAINED OR EXAMINED ONLY UPON THE REQUEST OF THE PERSON, THE
15 PERSON'S COUNSEL, THE ADMINISTRATOR, THE SECRETARY, THE
16 COMMISSIONER, OR BY ORDER OF THE COURT ON GOOD CAUSE SHOWN.
17 THE RECORD SHALL BE MAINTAINED FOR AT LEAST SEVEN YEARS AND
18 SHALL BE MADE AVAILABLE FOR REVIEW BY THE ADMINISTRATOR AND
19 ANY PHYSICIAN, MENTAL HEALTH REVIEW OFFICER OR JUDGE
20 RESPONSIBLE FOR RECOMMENDING OR DECIDING WHETHER THE PERSON
21 IS IN NEED OF IMMEDIATE AND CONTINUED TREATMENT UNDER THIS
22 CHAPTER AT ANY SUBSEQUENT TIME.
23 (4) The hearing may be held at a location other than a
24 courthouse when doing so appears to be in the best interest
25 of the person.
26 (5) A decision shall be rendered within 48 hours after
27 the close of evidence.
28 (e) (F) Determination and order.--Upon a finding by clear <--
29 and convincing evidence that the person is severely mentally
30 disabled and in need of treatment and, in the case of persons
19890S0005B1173 - 79 -
1 for whom petition is made under subsection (a), subject to the
2 provisions of paragraph (a)(3), an order shall be entered
3 directing treatment of the person in an approved facility as an
4 inpatient or an outpatient, or a combination of such treatment
5 as the director shall from time to time determine. Inpatient
6 treatment shall be deemed appropriate only after full
7 consideration has been given to less restrictive alternatives.
8 Investigation of treatment alternatives shall include
9 consideration of the person's relationship to the community and
10 family, employment possibilities, all available community
11 resources and guardianship services. An order for inpatient
12 treatment shall include findings on this issue.
13 (f) (G) Duration of court-ordered involuntary treatment.--A <--
14 person who is in treatment pursuant to this section shall be
15 discharged whenever it is determined that the person is no
16 longer in need of treatment and, in any event, within 90 days of
17 the court order, unless within that period:
18 (1) the person is admitted to voluntary treatment
19 pursuant to section 1102 (relating to application); or
20 (2) a petition for an additional period of court-ordered
21 involuntary treatment is filed pursuant to section 1305.
22 (g) (H) Exception to subsection (f) (G).-- <--
23 (1) A person may be subject to court-ordered involuntary
24 treatment for a period not to exceed one year if:
25 (i) severe mental disability is based on acts giving
26 rise to felony charges under 18 Pa.C.S. § 2502 (relating
27 to murder), 2503 (relating to voluntary manslaughter),
28 2702 (relating to aggravated assault), 2901 (relating to
29 kidnapping), 3121(1) and (2) (relating to rape), 3123(1)
30 and (2) (relating to involuntary deviate sexual
19890S0005B1173 - 80 -
1 intercourse) or 3301(a), (c) and (d) (relating to arson
2 and related offenses) or attempts to commit any of these
3 acts; and
4 (ii) a finding of incompetency to be tried or a
5 verdict of acquittal because of lack of criminal
6 responsibility has been entered.
7 (2) No person subjected to involuntary treatment
8 pursuant to this subsection may be discharged without a
9 hearing conducted pursuant to paragraph (3).
10 (3) Whenever the period of court-ordered involuntary
11 treatment under this subsection is about to expire and
12 neither the director nor the administrator intends to apply
13 for an additional period of court-ordered involuntary
14 treatment pursuant to section 1305 or at any time the
15 director concludes that the person is not severely mentally
16 disabled or AND in need of treatment, the director shall <--
17 petition the court which ordered the involuntary treatment
18 for the unconditional or conditional release of the person.
19 Notice of the petition shall be given to the person, the
20 administrator and the district attorney. Within 15 days after
21 the petition has been filed, the court shall hold a hearing
22 to determine if the person is severely mentally disabled and
23 in need of treatment. Petitions which must be filed simply
24 because the period of involuntary treatment will expire shall
25 be filed at least ten days prior to the expiration of the
26 court-ordered period of involuntary treatment. If the court
27 determines after hearing that the person is severely mentally
28 disabled and in need of treatment, it may order additional
29 involuntary treatment not to exceed one year; if the court
30 does not so determine, it shall order the discharge of the
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1 person.
2 (h) (I) Notice of pending discharge.--The director shall <--
3 notify the administrator at least 10 days prior to the
4 expiration of a period of involuntary treatment ordered under
5 this section.
6 § 1305. Additional periods of court-ordered involuntary
7 treatment.
8 (a) Application.--At the expiration of a period of court-
9 ordered involuntary treatment under section 1304 (relating to
10 court-ordered involuntary treatment not to exceed 90 days) or
11 this section, the court may order treatment for an additional
12 period upon the application of the administrator or the director
13 of the facility in which the person is receiving treatment.
14 (b) Hearing and order.--Such order shall be entered upon
15 hearing on findings as required by section 1304(a) and the
16 further finding of a need for continuing involuntary treatment.
17 (c) Duration.--
18 (1) The additional period of involuntary treatment shall
19 not exceed 180 days.
20 (2) Persons meeting the criteria of section 1304(g) may
21 be subject to an additional period of up to one year of
22 involuntary treatment.
23 (d) Limitation for persons dangerous to self.--A person
24 found dangerous to self shall be subject to an additional period
25 of involuntary full-time inpatient treatment only if the person
26 has first been released to a less restrictive alternative. This
27 limitation does not apply where, upon application made by the
28 administrator or director, it is determined by a judge or mental
29 health review officer that such release would not be in the
30 person's best interest.
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1 (e) Notice of pending discharge.--The director shall notify
2 the administrator at least ten days prior to the expiration of a
3 period of involuntary treatment ordered under this section.
4 § 1306. Transfer of persons in involuntary treatment.
5 (a) General rule.--Subject to the provisions of subsections
6 (b), (c) and (d), persons in involuntary treatment pursuant to
7 this part may be transferred to any approved facility.
8 (b) Notice to court.--In the absence of an emergency,
9 persons committed pursuant to section 1304(g) (relating to
10 court-ordered involuntary treatment not to exceed 90 days) may
11 not be transferred unless written notice is given to the
12 committing judge and the district attorney in the committing
13 county and no objection is noted from either within 20 days of
14 receipt of the notice. If the court or the district attorney
15 objects to the transfer, a hearing shall be held by the court
16 within 20 days to review the commitment order. A decision shall
17 be rendered within 48 hours after the close of evidence.
18 (c) Hearing.--Whenever a transfer will constitute a greater
19 restraint, it shall not take place unless, upon hearing, a judge
20 or mental health review officer finds it necessary and
21 appropriate. This includes transfers from involuntary outpatient
22 to involuntary inpatient treatment.
23 (d) Transfers constituting an equal or lesser restraint.--
24 With the exception of those persons committed pursuant to
25 section 1304(g), transfers that constitute an equal or lesser
26 restraint will be based on a clinical decision and shall take
27 place without a hearing.
28 § 1307. Court-ordered involuntary outpatient treatment
29 procedures.
30 (a) Determination and order.--At the conclusion of a hearing
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1 held pursuant to section 1302(g)(4) (relating to involuntary
2 emergency examination and treatment not to exceed 120 hours),
3 1304 (relating to court-ordered involuntary treatment not to
4 exceed 90 days) or 1305 (relating to additional periods of
5 court-ordered involuntary treatment), if the judge or mental
6 health review officer finds that the person is severely mentally
7 disabled and in need of involuntary treatment, and continues to
8 pose a clear and present danger of harm to others or to self but
9 can benefit from treatment in a less restrictive setting without
10 presenting a substantial risk of harm to others or to self he
11 shall so certify and may order treatment in an outpatient
12 facility. If the court orders the person to receive outpatient
13 treatment at a partial hospitalization program or psychiatric
14 outpatient clinic, the court shall designate in its order the
15 name of the administrator who will be responsible for referring
16 the person to the appropriate community mental health provider
17 and for supervising the person's outpatient treatment. Persons
18 receiving involuntary outpatient treatment shall have their
19 first appointment with the treating facility within three
20 working days of the effective date of the court order, and an
21 appropriate treatment plan developed with the cooperation of the
22 person shall be filed by the treatment facility with the court
23 authorizing treatment within five working days of the person's
24 first appointment.
25 (b) Transfers from involuntary inpatient to involuntary
26 outpatient treatment.--Persons who are receiving court-ordered
27 involuntary inpatient treatment pursuant to section 1304 or 1305
28 may be discharged and transferred from either a State or private
29 facility under section 1306 (relating to transfer of persons in
30 involuntary treatment) without a hearing to receive treatment in
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1 approved less restrictive settings such as partial
2 hospitalization programs or psychiatric outpatient clinics. A
3 person's transfer from inpatient to outpatient facilities or
4 programs does not affect the original involuntary treatment
5 order.
6 (c) Transfers from involuntary outpatient to involuntary
7 inpatient treatment.--
8 (1) Persons who are receiving involuntary outpatient
9 treatment may be transferred to involuntary inpatient
10 treatment after a hearing if they significantly violate the
11 terms of the order and the conditions present at the time of
12 the court order have worsened or if they comply with the
13 order but their condition deteriorates to the point that
14 continued outpatient treatment presents a substantial risk of
15 harm too others or to self.
16 (2) If a transfer to involuntary inpatient treatment is
17 necessary and appropriate, the director or the administrator
18 may petition the court for a hearing pursuant to section
19 1306. The judge or mental health review officer may then
20 issue a warrant directing a person authorized by the
21 administrator or a peace officer to take the person for whom
22 transfer is requested to an approved inpatient facility for
23 examination and treatment pending the hearing which shall be
24 held within 72 hours.
25 (3) Upon hearing, the judge or mental health review
26 officer shall not order a longer involuntary treatment period
27 than the time remaining on the existing section 1304 or 1305
28 treatment order or shall order the person to return to
29 involuntary outpatient treatment for the same period of time.
30 Nothing in this section shall be construed as to deny the
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1 director the ability to discharge the person.
2 CHAPTER 15
3 DETERMINATIONS AFFECTING THOSE CHARGED
4 WITH CRIME OR UNDER SENTENCE
5 Sec.
6 1501. Examination and treatment.
7 1502. Incompetence to proceed on criminal charges.
8 1503. Hearing and determination of incompetency to proceed.
9 1504. Hearing and determination of criminal responsibility.
10 1505. Examination of person charged with crime as aid in
11 sentencing.
12 1506. Civil procedure for court-ordered involuntary treatment.
13 1507. Voluntary treatment.
14 § 1501. Examination and treatment.
15 (a) Initiation of proceedings.--Whenever a person who is
16 charged with crime, or who is undergoing sentence, is or becomes
17 severely mentally disabled, proceedings may be instituted for
18 examination and treatment under the civil provisions of this
19 part in the same manner as if the person were not so charged or
20 sentenced, except that a petition for involuntary treatment
21 under section 1304 (relating to court-ordered involuntary
22 treatment not to exceed 90 days) may be filed for a person
23 subject to section 1303 prior to the expiration of the
24 involuntary treatment period. Proceedings under this section
25 shall not be initiated for examination and treatment at
26 Veterans' Administration facilities if the examination and
27 treatment requires the preparation of competency reports or the
28 facility is required to maintain custody and control over the
29 person.
30 (b) Status in voluntary and involuntary treatment.--Whenever
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1 a person who is detained on criminal charges or is incarcerated
2 is made subject to inpatient examination or treatment, the
3 person shall be transferred, for this purpose, to a mental
4 health facility. Transfer may be made to a Veterans'
5 Administration facility provided that neither custody nor
6 control are required in addition to examination and treatment.
7 Individuals transferred to the Veterans' Administration are not
8 subject to return by the Federal agency to the authority
9 entitled to have them in custody.
10 (c) Security.--Proceedings under this section shall not
11 affect the conditions of security required by the person's
12 criminal detention or incarceration. During any period in which
13 a person has been transferred to a mental health facility,
14 provisions for the person's security shall continue to be
15 enforced, unless in the interim a pretrial release is effected,
16 or the term of imprisonment expires or is terminated, or it is
17 otherwise ordered by the court having jurisdiction over the
18 person's criminal status. In those instances where a person is
19 charged with offenses listed in section 1304(g) (relating to
20 court-ordered involuntary treatment not to exceed 90 days) and
21 where the court, after hearing, deems it desirable, security
22 equivalent to the institution in which the person is
23 incarcerated must be provided.
24 (d) Discharge.--Upon discharge from treatment, a person who
25 is or remains subject to a detainer or sentence shall be
26 returned to the authority entitled to custody.
27 (e) Credit toward time served.--The period of involuntary
28 treatment shall be credited as time served on account of any
29 sentence to be imposed on pending charges or any unexpired term
30 of imprisonment.
19890S0005B1173 - 87 -
1 (f) Persons subject to the Juvenile Act.--As to any person
2 who is subject to a petition or who has been committed under 42
3 Pa.C.S. Ch. 63 (relating to juvenile matters), the civil
4 provisions or this part applicable to children of like age shall
5 apply to all proceedings for examination and treatment. If the
6 person is in detention or is committed, the court having
7 jurisdiction under 42 Pa.C.S. Ch. 63 shall determine whether
8 those security conditions shall continue to be enforced during
9 any period of involuntary treatment and to whom the person
10 should be released thereafter.
11 § 1502. Incompetence to proceed on criminal charges.
12 (a) Definition of incompetency.--Whenever a person who has
13 been charged with a crime is found to be substantially unable to
14 understand the nature or object of the proceedings against the
15 person or to participate and assist in the person's defense, the
16 person shall be deemed incompetent to be tried, convicted or
17 sentenced so long as the incapacity continues.
18 (b) Involuntary treatment of persons who are not mentally
19 disabled.--Notwithstanding the provisions of Chapter 13
20 (relating to involuntary examination and treatment), a court may
21 order involuntary treatment of a person found incompetent to
22 stand trial but who is not severely mentally disabled.
23 Involuntary treatment ordered under this subsection shall not
24 exceed a specific period of 60 days. Involuntary treatment
25 pursuant to this subsection may be ordered only if the court is
26 reasonably certain that the involuntary treatment will provide
27 the defendant with the capacity to stand trial. The court may
28 order outpatient treatment, partial hospitalization or inpatient
29 treatment.
30 (c) Application for incompetency examination.--Application
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1 to the court for an order directing an incompetency examination
2 may be presented by an attorney for the Commonwealth, a person
3 charged with a crime, the person's counsel or the warden or
4 other official in charge of the institution or place in which
5 the person is detained. A person charged with crime shall be
6 represented either by counsel of the person's selection or by
7 court-appointed counsel.
8 (d) Hearing.--The court, either on application or on its own
9 motion, may order an incompetency examination at any stage in
10 the proceedings and may do so without a hearing unless the
11 examination is objected to by the person charged with a crime or
12 by the person's counsel. In the event the examination is
13 objected to, an examination shall be ordered only after
14 determination upon a hearing that there is a prima facie
15 question of incompetency.
16 (e) Conduct of examination.--When ordered by the court, an
17 incompetency examination shall take place under the following
18 conditions:
19 (1) It shall be conducted as an outpatient examination
20 unless an inpatient examination is, or has been, authorized
21 under another provision of this part.
22 (2) It shall be conducted by at least one psychiatrist
23 and may relate both to competency to proceed and to criminal
24 responsibility for the crime charged.
25 (3) The person shall be entitled to have counsel present
26 and shall not be required to answer any questions or to
27 perform tests unless the person has moved for or agreed to
28 the examination. Nothing said or done by the person during
29 the examination may be used as evidence against the person in
30 any criminal proceedings on any issue other than that of the
19890S0005B1173 - 89 -
1 person's mental condition.
2 (f) Report.--A report shall be submitted to the court and to
3 counsel and shall contain a description of the examination,
4 which shall include:
5 (1) A diagnosis of the person's mental condition.
6 (2) An opinion as to the person's capacity to understand
7 the nature and object of the criminal proceedings against the
8 person and to assist in the person's defense.
9 (g) Opinions regarding criminal responsibility.--When
10 requested, the report required in subsection (f) shall contain:
11 (1) An opinion as to the person's mental condition in
12 relation to the standards for criminal responsibility as
13 provided by law if it appears that the facts concerning the
14 person's mental condition may also be relevant to the
15 question of legal responsibility.
16 (2) An opinion as to whether the person had the capacity
17 to have a particular state of mind, where that state of mind
18 is a required element of the criminal charge.
19 (h) Experts.--The court may allow a psychiatrist retained by
20 the defendant and a psychiatrist retained by the Commonwealth to
21 witness and participate in the examination. Whenever a defendant
22 who is financially unable to retain such expert has a
23 substantial objection to the conclusions reached by the court-
24 appointed psychiatrist, the court shall allow reasonable
25 compensation for the employment of a psychiatrist of the
26 person's selection, which amount shall be chargeable against the
27 mental health and mental retardation program of the locality.
28 (i) Time limit on determination.--The determination of the
29 competency of a person who is detained under a criminal charge
30 shall be rendered by the court within 20 days after the receipt
19890S0005B1173 - 90 -
1 of the report or examination unless the hearing was continued at
2 the person's request.
3 § 1503. Hearing and determination of incompetency to proceed.
4 (a) Burden of proof.--The moving party shall have the burden
5 of establishing incompetency to proceed by clear and convincing
6 evidence. The determination shall be made by the court.
7 (b) Effect as stay.--A determination of incompetency to
8 proceed shall effect a stay of the prosecution for so long as
9 the incapacity persists. Any legal objections suitable for
10 determination prior to trial and without the personal
11 participation of the person charged may be raised and decided in
12 the interim.
13 (c) Defendant's right to counsel and reexamination.--A
14 person who is determined to be incompetent to proceed shall have
15 a continuing right to counsel so long as the criminal charges
16 are pending. Following the determination, the person charged
17 shall be reexamined not less than every 90 days by a
18 psychiatrist appointed by the court, and a report of
19 reexamination shall be submitted to the court and to counsel.
20 (d) Effect on criminal detention.--Whenever a person who has
21 been charged with a crime has been determined to be incompetent
22 to proceed, the person shall not for that reason alone be denied
23 pretrial release. Nor shall the person in any event be detained
24 on the criminal charge longer than the reasonable period of time
25 necessary to determine whether there is a substantial
26 probability that the person will attain that capacity in the
27 foreseeable future. If the court determines there is no such
28 probability, it shall discharge the person. Otherwise, the
29 person may continue to be criminally detained so long as the
30 probability exists but in no event longer than the period of
19890S0005B1173 - 91 -
1 time specified in subsection (f).
2 (e) Resumption of proceedings or dismissal.--When the court,
3 on its own motion or upon the application of the attorney for
4 the Commonwealth or counsel for the defendant, determines that
5 the person has regained competency to proceed, the proceedings
6 shall be resumed. If the court is of the opinion that by reason
7 of the passage of time and its effect upon the criminal
8 proceedings it would be unjust to resume the prosecution, the
9 court may dismiss the charge and order the person discharged.
10 (f) Duration of stay of proceedings.--In no instance, except
11 in cases of first and second degree murder, shall the
12 proceedings be stayed for a period in excess of the maximum
13 sentence of confinement that may be imposed for the crime or
14 crimes charged, or ten years, whichever is less. In cases of a
15 charge of murder of the first or second degree, there shall be
16 no limit on the period during which proceedings may be stayed.
17 (g) Procedure when person is discharged.--If the defendant
18 is discharged pursuant to subsection (d) but the charges remain
19 open pursuant to subsection (f), the court discharging the
20 defendant shall, on its own motion or on the motion of the
21 Commonwealth or on the motion of the defense, order the
22 defendant to submit to a psychiatric examination every 12 months
23 after the discharge to determine whether the defendant has
24 become competent to proceed to trial. If an examination reveals
25 that the defendant has regained competency to proceed, then a
26 hearing shall be scheduled, and the court shall determine, after
27 a full and fair hearing, whether the defendant is competent to
28 proceed. If the defendant is adjudged competent, then trial
29 shall commence within 90 days of the adjudication. If the
30 examination reveals that the defendant is incompetent to
19890S0005B1173 - 92 -
1 proceed, the court shall order the defendant to submit to a new
2 competency examination in 12 months.
3 § 1504. Hearing and determination of criminal responsibility.
4 (a) Determination by court.--At a hearing under section 1503
5 (relating to hearing and determination of incompetency to
6 proceed) the court may, in its discretion, also hear evidence on
7 whether the person was criminally responsible for the commission
8 of the crime charged. It shall do so in accordance with the
9 rules governing the consideration and determination of the same
10 issue at criminal trial. If the person is found to have lacked
11 criminal responsibility, an acquittal shall be entered. If the
12 person is not so acquitted, the person may raise the defense at
13 trial.
14 (b) Opinion evidence on mental condition.--At a hearing
15 under section 1503 or upon trial, a psychiatrist appointed by
16 the court may be called as a witness by the attorney for the
17 Commonwealth or by the defendant, and each party may also summon
18 any other psychiatrist or other expert to testify.
19 (c) Bifurcation of issues or trial.--Upon trial, the court,
20 in the interest of justice, may direct that the issue of
21 criminal responsibility be heard and determined separately from
22 the other issues in the case and, in a trial by jury, that the
23 issue of criminal responsibility be submitted to a separate
24 jury. Upon a request for bifurcation, the court shall consider
25 the substantiality of the defense of lack of responsibility and
26 its effect upon other defenses, and the probability of a fair
27 trial.
28 § 1505. Examination of person charged with crime as aid in
29 sentencing.
30 Whenever a person who has been criminally charged is to be
19890S0005B1173 - 93 -
1 sentenced, the court may defer sentence and order an examination
2 for mental illness to aid it in the determination of
3 disposition. This action may be taken on the court's initiative
4 or on the application of the attorney for the Commonwealth, the
5 person charged, the person's counsel or any other person acting
6 in the person's interest. If at the time of sentencing the
7 person is not in detention, examination shall be on an
8 outpatient basis unless inpatient examination for this purpose
9 is ordered pursuant to the civil involuntary treatment
10 provisions of Chapter 13 (relating to involuntary examination
11 and treatment).
12 § 1506. Civil procedure for court-ordered involuntary
13 treatment.
14 Upon a finding of incompetency to stand trial under section
15 1503 (relating to hearing and determination of incompetency to
16 proceed), after an acquittal by reason of lack of responsibility
17 under section 1504 (relating to hearing and determination of
18 criminal responsibility) or following an examination in aid of
19 sentencing under section 1505 (relating to examination of person
20 charged with crime as aid in sentencing), the attorney for the
21 Commonwealth, on his own or acting at the direction of the
22 court, the defendant, the defendant's counsel, the administrator
23 or any other interested party may petition the same court for an
24 order directing involuntary treatment under section 1304
25 (relating to court-ordered involuntary treatment not to exceed
26 90 days).
27 § 1507. Voluntary treatment.
28 (a) Certification by physician required.--Whenever a person
29 in criminal detention, whether in lieu of bail or serving a
30 sentence, believes that treatment is needed and substantially
19890S0005B1173 - 94 -
1 understands the nature of voluntary treatment, the person may
2 submit himself to examination and treatment under this part,
3 provided that at least one physician certifies the necessity of
4 treatment and certifies further that treatment cannot be
5 adequately provided at the prison or correctional facility where
6 the person then is detained. The certificate shall set forth the
7 specific grounds which make transfer to a mental health facility
8 necessary. The correctional facility shall secure a written
9 acceptance of the person for inpatient treatment from the mental
10 health facility and shall forward the acceptance to the court.
11 (b) Notice to district attorney.--Before any inmate of a
12 prison or correctional facility may be transferred to a mental
13 health facility for the purpose of examination and treatment,
14 the district attorney shall be notified by the correctional
15 facility and shall be given up to 14 days after receipt of
16 notification to conduct an independent examination of the
17 defendant. The court shall review the certification of the
18 physician that the transfer is necessary and the recommendation
19 of the physician for the Commonwealth and may request any other
20 information concerning the necessity of the transfer. Upon the
21 motion of the district attorney, a hearing shall be held on the
22 question of the voluntary treatment of a person charged with a
23 crime or serving a sentence. Upon this review, the court shall
24 either approve or disapprove the transfer.
25 (c) Venue.--Where possible, the sentencing judge shall
26 preside at a hearing under this section. Except as otherwise
27 prescribed by general rules, venue of matters under this section
28 shall be in the judicial district in which the person is charged
29 or was sentenced.
30 (d) Reports.--A report of the person's mental condition
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1 shall be made by the mental health facility to the court within
2 30 days of the person's transfer to the facility. The report
3 shall also set forth the specific grounds which require
4 continued treatment at a mental health facility. After the
5 initial report the facility shall thereafter report to the court
6 every 180 days.
7 (e) Withdrawal from treatment.--If at any time the person
8 gives notice of intent to withdraw from treatment at the mental
9 health facility, the person shall be returned to the authority
10 entitled to custody, or proceedings may be initiated under
11 section 1304 (relating to court-ordered involuntary treatment
12 not to exceed 90 days). During the pendency of any petition
13 filed under section 1304 concerning a person in treatment under
14 this section, the mental health facility shall have authority to
15 detain the person regardless of the provisions of section 1103
16 (relating to explanation and consent), provided that the hearing
17 under section 1304 is conducted within seven days of the time
18 the person gives notice of intent to withdraw from treatment.
19 (f) Credit for time served.--The period of voluntary
20 treatment under this section shall be credited as time served on
21 account of any sentence to be imposed on pending charges or any
22 unexpired term of imprisonment.
23 PART III
24 MENTAL RETARDATION
25 (RESERVED)
26 PART IV
27 SPECIAL PROVISIONS RELATING TO PATIENTS
28 Chapter
29 23. General Provisions
30 CHAPTER 23
19890S0005B1173 - 96 -
1 GENERAL PROVISIONS
2 Sec.
3 2301. Powers and duties of director of facility.
4 2302. Transportation.
5 2303. Mechanical restraints.
6 2304. Patient rights.
7 2305. Escapes.
8 2306. Penalties.
9 2307. Funds of patients.
10 § 2301. Powers and duties of director of facility.
11 (a) Provision of services.--The director of any facility
12 shall be in charge of all services afforded to any person
13 receiving inpatient services in the facility, including all
14 maintenance services, custody and employment of such persons,
15 and shall also be in charge of the diagnosis, treatment and care
16 to be given the person by reason of mental or physical
17 disability. If the director is not a physician, a physician
18 shall be in charge of all medical diagnosis, treatment and care
19 to be rendered such persons.
20 (b) Counseling.--The director of any facility, in his or her
21 discretion, may allow any person receiving inpatient services to
22 be treated or counseled by the person's family or personal
23 psychiatrist, physician or other medical practitioner,
24 psychologist, social worker or other person. If personal
25 treatment or counseling is allowed, it shall be subject to the
26 supervision of the physician bearing medical responsibility for
27 the facility, if any. Where a physician is not necessary to the
28 operation of the facility, the personal treatment or counseling
29 shall be under the supervision of the director.
30 (c) Elective surgery.--The director of any facility may in
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1 his discretion, with the advice of two physicians not employed
2 by the facility, determine when elective surgery should be
3 performed upon any mentally disabled person receiving inpatient
4 services in the facility where the person does not have a living
5 parent, spouse, issue, next of kin or legal guardian as fully
6 and to the same effect as if the director had been appointed
7 guardian and had applied to and received the approval of an
8 appropriate court therefor.
9 § 2302. Transportation.
10 Whenever the transportation of a mentally disabled person
11 from one place to another is necessary to effect admission to,
12 commitment in or transfer between facilities and circumstances
13 permit, the person shall be accompanied by a relative or other
14 suitable person.
15 § 2303. Mechanical restraints.
16 (a) During transportation.--Mechanical restraints shall not
17 be used or applied to a mentally disabled person, except when
18 necessary to prevent the person from harming self or others when
19 being transported.
20 (b) Medically necessary.--Mechanical restraints may be used
21 whenever the director or a designee determines that they are
22 required by the medical needs of the person receiving services
23 or benefits, in which case they may be used or applied only in
24 accordance with regulations of the department.
25 § 2304. Patient rights.
26 (a) Mentally retarded persons.--Every person receiving
27 services or benefits or detained in any facility for the
28 mentally retarded shall have the right to:
29 (1) Communicate with and be alone at any interview with
30 counsel or a representative of the department, and send
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1 sealed communications to the director, any member of the
2 person's family, the department, the court, if any, which
3 committed the person, and the Governor.
4 (2) Religious freedom, and be visited by a clergyman.
5 Religious ministration rendered by a clergyman shall be
6 personal to the person desiring it and shall not interfere
7 with the established order of religious services available in
8 the institution. In his or her discretion, the director may
9 exclude any particular minister or prohibit any religious
10 ministration or service if it interferes with the
11 administration or security of the facility or with the
12 general welfare, care and treatment of any person receiving
13 services or benefits.
14 (3) Be employed at a useful occupation insofar as the
15 condition of the patient may benefit therefrom and the
16 facility is able to furnish useful employment to the person.
17 (4) In the discretion of the director, sell articles,
18 the product of the person's individual skill and labor, and
19 the produce of any small individual plot of ground which may
20 be assigned to and cultivated by the person, and keep or
21 expend the proceeds thereof or send the same to the person's
22 family.
23 (5) Be furnished with writing materials and reasonable
24 opportunity, in the discretion of the director, for
25 communicating with any person outside of the institution.
26 Communications shall be stamped and mailed.
27 (6) Be released as soon as care and treatment in a
28 facility is no longer necessary.
29 (7) Request the department to arrange for the
30 examination of the person's mental condition by a physician
19890S0005B1173 - 99 -
1 not associated with the department. The department may refuse
2 to grant the request only when it is made sooner than six
3 months after the person's admission or commitment or sooner
4 than one year after a previous examination under this
5 paragraph.
6 (b) Mentally ill persons in general.--All mentally ill
7 persons receiving treatment, whether on an inpatient, outpatient
8 or partial hospitalization basis, shall have the right to:
9 (1) Be treated with dignity and respect.
10 (2) Conduct their personal affairs, obtain a driver's
11 license or professional license, marry, divorce or execute a
12 will.
13 (3) Participate in the development and review of their
14 treatment plans.
15 (4) Receive appropriate treatment and services in the
16 least restrictive setting necessary to accomplish treatment
17 goals, as authorized by the county.
18 (5) Not be subject to any harsh or unusual treatment.
19 (6) Be advised of his or her rights, including the right
20 to file grievances and appeals, and to be assisted by an
21 advocate.
22 (7) Be told what medications have been prescribed, their
23 purpose and possible side effects.
24 (8) Confidentiality of information, except as provided
25 in section 112 (relating to confidentiality of records).
26 (9) Access to, and the opportunity to copy, their
27 records, which may be denied only upon documentation by the
28 treatment team leader when it is determined by the director
29 that disclosure of specific information concerning treatment
30 will constitute a substantial detriment to the patient's
19890S0005B1173 - 100 -
1 treatment. When disclosure of a portion of specific
2 information will reveal the identity of persons or breach the
3 trust of persons who have provided confidential information,
4 that portion of the record shall be deleted.
5 (10) Communicate with, and be alone at an interview
6 with, his or her counsel, a representative of the department
7 or an advocate; and to send sealed communications to a
8 facility director, a community coordinating council, a member
9 of his or her family, the department, the court, if any,
10 which committed the person and the Governor.
11 (c) Mentally ill persons in facilities.--All mentally ill
12 persons receiving treatment in any facility shall have the right
13 to:
14 (1) Unrestricted, private communication inside and
15 outside the facility.
16 (2) Peaceful assembly.
17 (3) Join with other patients to organize a body of or
18 participate in patient government unless the facility has,
19 for good cause, determined patient government to not be
20 feasible.
21 (4) Assistance by an advocate of the person's choice in
22 the assertion of the person's rights and private consultation
23 with a lawyer at any time.
24 (5) Have complaints heard and adjudicated promptly.
25 (6) Receive visitors of the person's choice at
26 reasonable hours unless the treatment team has determined in
27 advance that a visitor would seriously interfere with the
28 treatment or welfare of the person or others.
29 (7) Receive and send unopened letters and to have
30 outgoing letters stamped and mailed, except that incoming
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1 mail may be examined for good reason in the person's presence
2 for specific property which entails a threat to the person's
3 health and welfare or to the hospital community.
4 (8) Access to a telephone designated for patient use.
5 (9) Practice or abstain from religious activities.
6 (10) Keep and use personal possessions, unless it has
7 been determined that specific personal property entails a
8 threat to the person's health and welfare or to the facility
9 community; reasons for imposing limitations must be clearly
10 defined, recorded and explained.
11 (11) Sell and retain the proceeds of personal property
12 made by the person.
13 (12) Be discharged from the facility as soon as the
14 person no longer needs care and treatment.
15 (13) Be discharged from the facility if the person has
16 been involuntarily committed in accordance with civil court
17 proceedings, is not receiving treatment, is not dangerous to
18 self or others and can survive safely in the community.
19 (14) Be paid for any work done which benefits the
20 operation and maintenance of the facility in accordance with
21 existing Federal wage and hour regulations.
22 (d) Protection and advocacy for mentally ill persons.--The
23 State system established under the Protection and Advocacy for
24 Mentally Ill Individuals Act of 1986 (Public Law 99-319, 42
25 U.S.C. § 10801 et seq.) is authorized to assist all mentally ill
26 persons in asserting and protecting their rights under this
27 section.
28 § 2305. Escapes.
29 (a) Notification to law enforcement personnel.--Whenever any
30 committed person who may be dangerous to the safety of the
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1 public or himself escapes from a facility, it is the duty of the
2 director to promptly notify the local, county and State law
3 enforcement officers.
4 (b) Duty of police.--Upon receipt of the notice, it is the
5 duty of the local, county and State law enforcement officers to
6 direct an officer to apprehend the escapee.
7 (c) Proper person to apprehend patient.--Any patient who
8 escapes from a facility may be apprehended and returned thereto
9 by any sheriff, constable or police officer, or by any officer
10 or employee of the facility.
11 (d) Penalty.--Any person charged with a crime or under
12 sentence who is detained in a facility under the provisions of
13 this title who escapes from the facility shall be subject to
14 prosecution and conviction under 18 Pa.C.S. Ch. 51 Subch. B
15 (relating to escape).
16 § 2306. Penalties.
17 (a) Offenses defined.--It shall be unlawful for:
18 (1) Any person to deliver or cause to be delivered any
19 alcoholic or other intoxicating or narcotic substance to any
20 person in a facility without the knowledge or consent of the
21 director thereof.
22 (2) Any person to directly or indirectly sell, give or
23 furnish to any person receiving services or benefits or
24 detained in a facility any weapon or other instrument which
25 may be used to inflict injury unless the instrument is a tool
26 of the activity in which the person has permission to engage.
27 (3) Any person to aid or assist any person committed in
28 any facility to make or attempt to make an escape therefrom
29 or to connive in any way at any escape or attempt at escape.
30 (4) Any person, corporation, partnership or association
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1 to willfully cause or conspire with or assist another to
2 cause the unwarranted detention or commitment or any person
3 under the provisions of this title, or the denial to any
4 person of any of the rights accorded to him under the
5 provisions of this title.
6 (5) Any person to disclose without authority the
7 contents of any records or reports touching upon any matter
8 concerning a person who has been receiving services or
9 benefits or detained pursuant to the provisions of this
10 title.
11 (6) Any physician to knowingly make any false statement,
12 certificate or report which aids in or causes a person to be
13 admitted, committed or detained pursuant to the provisions of
14 this title.
15 (b) Grading.--A person who violates this section commits a
16 misdemeanor of the third degree except that, if these acts are
17 committed by a corporation, partnership or association, the
18 officers and directors of the corporation or the members of the
19 partnership or association, its agents and employees who
20 knowingly participated in those acts also commit a misdemeanor
21 of the third degree.
22 § 2307. Funds of patients.
23 Each State hospital and State center shall have an autonomous
24 office known as the guardian office with the authority to
25 implement and administer a system of patient money management
26 under regulations promulgated by the department. The guardian
27 office at each institution may accept appointment as
28 representative payee of Federal benefits for incompetent
29 patients and residents but must immediately petition the court
30 to be appointed guardian of the estate of the incompetent. The
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1 guardian office may, with the consent of competent patients and
2 residents, assist such patients and residents in managing their
3 funds.
4 PART V
5 INTERSTATE RELATIONS
6 Chapter
7 25. Interstate Compact on Mental Health
8 27. Reciprocal Agreements with Other States
9 CHAPTER 25
10 INTERSTATE COMPACT ON MENTAL HEALTH
11 Sec.
12 2501. Compact provisions.
13 2502. Compact administrator.
14 2503. Supplementary agreements.
15 2504. Financial obligations.
16 2505. Consultation with families of transferees.
17 2506. Limitation of compact applicability.
18 2507. Commitment or transfers to facilities of Federal
19 Government or another state.
20 § 2501. Compact provisions.
21 The Governor is hereby authorized and directed to execute a
22 compact on behalf of the Commonwealth of Pennsylvania with any
23 other state or states legally joining therein in form
24 substantially as follows:
25 INTERSTATE COMPACT ON MENTAL HEALTH
26 The contracting states solemnly agree that:
27 Article I
28 The party states find that the proper and expeditious
29 treatment of the mentally ill and mentally deficient can be
30 facilitated by cooperative action to the benefit of the
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1 patients, their families and society as a whole. Further, the
2 party states find that the necessity of and desirability for
3 furnishing such care and treatment bears no primary relation to
4 the residence or citizenship of the patient but that, on the
5 contrary, the controlling factors of community safety and
6 humanitarianism require that facilities and services be made
7 available for all who are in need of them. Consequently, it is
8 the purpose of this compact and of the party states to provide
9 the necessary legal basis for the institutionalization or other
10 appropriate care and treatment of the mentally ill and mentally
11 deficient under a system that recognizes the paramount
12 importance of patient welfare and to establish the
13 responsibilities of the party states in terms of such welfare.
14 Article II
15 As used in this compact:
16 (1) "Sending states" shall mean a party state from which
17 a patient is transported pursuant to the provisions of the
18 compact or from which it is contemplated that a patient may
19 be so sent.
20 (2) "Receiving state" shall mean a party state to which
21 a patient is transported pursuant to the provisions of the
22 compact or to which it is contemplated that a patient may be
23 so sent.
24 (3) "Institution" shall mean any hospital or other
25 facility maintained by a party state or political subdivision
26 thereof for the care and treatment of mental illness or
27 mental deficiency.
28 (4) "Patient" shall mean any person subject to or
29 eligible as determined by the laws of the sending state for
30 institutionalization or other care, treatment or supervision
19890S0005B1173 - 106 -
1 pursuant to the provisions of this compact.
2 (5) "Aftercare" shall mean care, treatment and services
3 provided a patient as defined herein on convalescent status
4 or conditional release.
5 (6) "Mental illness" shall mean mental disease to such
6 extent that a person so afflicted requires care and treatment
7 for his own welfare or the welfare of others or of the
8 community.
9 (7) "Mental deficiency" shall mean mental deficiency as
10 defined by appropriate clinical authorities to such extent
11 that a person so afflicted is incapable of managing himself
12 and his affairs but shall not include mental illness as
13 defined herein.
14 (8) "State" shall mean any state, territory or
15 possession of the United States, the District of Columbia and
16 the Commonwealth of Puerto Rico.
17 (9) "Court" shall mean the court of common pleas or
18 other court of record having jurisdiction or law judge
19 thereof of the county in which the patient is or resides.
20 Article III
21 (a) Whenever a person physically present in any state shall
22 be in need of institutionalization by reason of mental illness
23 or mental deficiency, he shall be eligible for care and
24 treatment in an institution in that state, irrespective of his
25 residence, settlement or citizenship qualifications.
26 (b) The provisions of paragraph (a) of this article to the
27 contrary notwithstanding, any patient may be transferred to an
28 institution in another state whenever there are factors based
29 upon clinical determinations indicating that the care and
30 treatment of the patient would be facilitated or improved
19890S0005B1173 - 107 -
1 thereby. Any such institutionalization may be for the entire
2 period of care and treatment or for any portion or portions
3 thereof. The factors referred to in this paragraph shall include
4 the patient's full record with due regard for the location of
5 the patient's family, character of the illness and probable
6 duration thereof and such other factors as shall be considered
7 appropriate.
8 (c) No state shall be obliged to receive any patient
9 pursuant to the provisions of paragraph (b) of this article
10 unless the sending state has given advance notice of its
11 intention to send the patient, furnished all available medical
12 and other pertinent records concerning the patient, giving the
13 qualified medical or other appropriate clinical authorities of
14 the receiving state an opportunity to examine the patient, if
15 the authorities so wish and unless the receiving state shall
16 agree to accept the patient.
17 (d) In the event that the laws of the receiving state
18 establish a system of priorities for the admission of patients,
19 an interstate patient under this compact shall receive the same
20 priority as a local patient and shall be taken in the same order
21 and at the same time that he would be taken if he were a local
22 patient.
23 (e) Pursuant to this compact, the determination as to the
24 suitable place of institutionalization for a patient may be
25 reviewed at any time and such further transfer of the patient
26 may be made as seems likely to be in the best interest of the
27 patient.
28 Article IV
29 (a) Whenever, pursuant to the laws of the state in which a
30 patient is physically present, it shall be determined that the
19890S0005B1173 - 108 -
1 patient should receive aftercare or supervision, such care or
2 supervision may be provided in a receiving state. If the medical
3 or other appropriate clinical authorities having responsibility
4 for the care and treatment of the patient in the sending state
5 shall have reason to believe that aftercare in another state
6 would be in the best interest of the patient and would not
7 jeopardize the public safety, they shall request the appropriate
8 authorities in the receiving state to investigate the
9 desirability of affording the patient such aftercare in the
10 receiving state, and such investigation shall be made with all
11 reasonable speed. The request for investigation shall be
12 accompanied by complete information concerning the patient's
13 intended place of residence and the identity of the person in
14 whose charge it is proposed to place the patient, the complete
15 medical history of the patient and such other documents as may
16 be pertinent.
17 (b) If the medical or other appropriate clinical authorities
18 having responsibility for the care and treatment of the patient
19 in the sending state and the appropriate authorities in the
20 receiving state find that the best interest of the patient would
21 be served thereby and if the public safety would not be
22 jeopardized thereby, the patient may receive aftercare or
23 supervision in the receiving state.
24 (c) In supervising, treating or caring for a patient on
25 aftercare pursuant to the terms of this article, a receiving
26 state shall employ the same standards of visitation,
27 examination, care and treatment that it employs for similar
28 local patients.
29 Article V
30 Whenever a dangerous or potentially dangerous patient escapes
19890S0005B1173 - 109 -
1 from an institution in any party state, that state shall
2 promptly notify all appropriate authorities within and without
3 the jurisdiction of the escape in a manner reasonably calculated
4 to facilitate the speedy apprehension of the escapee.
5 Immediately upon the apprehension and identification of any such
6 dangerous or potentially dangerous patient, he shall be detained
7 in the state where found, pending disposition in accordance with
8 law.
9 Article VI
10 The duly accredited officers of any state party to this
11 compact, upon the establishment of their authority and the
12 identity of the patient, shall be permitted to transport any
13 patient being moved pursuant to this compact through any and all
14 states party to this compact without interference.
15 Article VII
16 (a) No person shall be deemed a patient of more than one
17 institution at any given time. Completion of transfer of any
18 patient to an institution in a receiving state shall have the
19 effect of making the person a patient of the institution in the
20 receiving state.
21 (b) The sending state shall pay all costs of and incidental
22 to the transportation of any patient pursuant to this compact,
23 but any two or more party states may, by making a specific
24 agreement for that purpose, arrange for a different allocation
25 of costs as among themselves.
26 (c) No provision of this compact shall be construed to alter
27 or affect any internal relationships among the departments,
28 agencies and officers of and in the government of a party state
29 or between a party state and its subdivisions as to the payment
30 of costs or responsibilities therefor.
19890S0005B1173 - 110 -
1 (d) Nothing in this compact shall be construed to prevent
2 any party state or subdivision thereof from asserting any right
3 against any person, agency or other entity in regard to costs
4 for which such party state or subdivision thereto may be
5 responsible pursuant to any provision of this compact.
6 (e) Nothing in this compact shall be construed to invalidate
7 any reciprocal agreement between a party state and a nonparty
8 state relating to institutionalization, care or treatment of the
9 mentally ill or mentally deficient or any statutory authority
10 pursuant to which such agreements may be made.
11 Article VIII
12 (a) Nothing in this compact shall be construed to abridge,
13 diminish or in any way impair the rights, duties and
14 responsibilities of any patient's guardian on his own behalf or
15 in respect of any patient for whom he may serve, except that,
16 where the transfer of any patient to another jurisdiction makes
17 advisable the appointment of a supplemental or substitute
18 guardian, any court of competent jurisdiction in the receiving
19 state may make such supplemental or substitute appointment and
20 the court which appointed the previous guardian shall, upon
21 being duly advised of the new appointment and upon the
22 satisfactory completion of such accounting and other acts as
23 such court may by law require, relieve the previous guardian of
24 power and responsibility to whatever extent shall be appropriate
25 in the circumstances: Provided, however, That, in the case of
26 any patient having settlement in the sending state, the court of
27 competent jurisdiction in the sending state shall have the sole
28 discretion to relieve a guardian appointed by it or continue his
29 power and responsibility, whichever it shall deem advisable. The
30 court in the receiving state may, in its discretion, confirm or
19890S0005B1173 - 111 -
1 reappoint the person or persons previously serving as guardian
2 in the sending state in lieu of making a supplemental or
3 substitute appointment. No mentally ill or mentally deficient
4 patient shall be transferred between party states until consent
5 has been obtained from the person legally responsible for the
6 patient's maintenance.
7 (b) The term "guardian," as used in paragraph (a) of this
8 article, shall include any guardian, trustee, legal committee,
9 conservator or other person or agency however denominated who is
10 charged by law with power to act for or responsibility for the
11 person or property of a patient.
12 Article IX
13 (a) No provision of this compact, except Article V, shall
14 apply to any person institutionalized while under sentence in a
15 penal or correctional institution or while subject to trial on a
16 criminal charge or whose institutionalization is due to the
17 commission of an offense for which, in the absence of mental
18 illness or mental deficiency, the person would be subject to
19 incarceration in a penal or correctional institution.
20 (b) To every extent possible, it shall be the policy of
21 states party to this compact that no patient shall be placed or
22 detained in any prison, jail or lockup but such patient shall,
23 with all expedition, be taken to a suitable institutional
24 facility for mental illness or mental deficiency.
25 Article X
26 (a) Each party state shall appoint a "compact administrator"
27 who on behalf of his state shall act as general coordinator of
28 activities under the compact in his state and who shall receive
29 copies of all reports, correspondence and other documents
30 relating to any patient processed under the compact by his
19890S0005B1173 - 112 -
1 state, either in the capacity of sending or receiving state. The
2 compact administrator or his duly designated representative
3 shall be the official with whom other party states shall deal in
4 any matter relating to the compact or any patient processed
5 thereunder.
6 (b) The compact administrators of the respective party
7 states shall have power to promulgate reasonable rules and
8 regulations to carry out more effectively the terms and
9 provisions of this compact.
10 Article XI
11 The duly constituted administrative authorities of any two or
12 more party states may enter into supplementary agreements for
13 the provision of any service or facility or for the maintenance
14 of any institution on a joint or cooperative basis whenever the
15 states concerned shall find that such agreements will improve
16 services, facilities or institutional care and treatment in the
17 fields of mental illness or mental deficiency. No such
18 supplementary agreement shall be construed so as to relieve any
19 party state of any obligation which it otherwise would have
20 under other provisions of this compact.
21 Article XII
22 This compact shall enter into full force and effect as to any
23 state when enacted by it into law, and such state shall
24 thereafter be a party thereto with any and all states legally
25 joining therein.
26 Article XIII
27 (a) A state party to this compact may withdraw therefrom by
28 enacting a statute repealing the same. Such withdrawal shall
29 take effect one year after notice thereof has been communicated
30 officially and in writing to the governors and compact
19890S0005B1173 - 113 -
1 administrators of all other party states. However, the
2 withdrawal of any state shall not change the status of any
3 patient who has been sent to the state or sent out of the state
4 pursuant to the provisions of the compact.
5 (b) Withdrawal from any agreement permitted by Article
6 VII(b) as to costs, or from any supplementary agreement made
7 pursuant to Article XI, shall be in accordance with the terms of
8 such agreement.
9 Article XIV
10 This compact shall be liberally construed so as to effectuate
11 the purposes thereof. The provisions of this compact shall be
12 severable and if any phrase, clause, sentence or provision of
13 this compact is declared to be contrary to the constitution of
14 any party state or of the United States or the applicability
15 thereof to any government agency, person or circumstance is held
16 invalid, the validity of the remainder of this compact and the
17 applicability thereof to any government agency, person or
18 circumstance shall not be affected thereby. If this compact
19 shall be held contrary to the constitution of any state party
20 thereto, the compact shall remain in full force and effect as to
21 the remaining states and in full force and effect as to the
22 state affected as to all severable matters.
23 § 2502. Compact administrator.
24 Pursuant to the interstate compact established in section
25 2501 (relating to compact provisions), the Governor is
26 authorized and empowered to designate an officer who shall be
27 the compact administrator and who, acting jointly with like
28 officers of other party states, shall have power to promulgate
29 rules and regulations to carry out more effectively the terms of
30 the compact. The compact administrator shall serve subject to
19890S0005B1173 - 114 -
1 the pleasure of the Governor. The compact administrator is
2 authorized, empowered and directed to cooperate with all
3 Commonwealth agencies and officers and political subdivisions in
4 facilitating the proper administration of this compact or of any
5 supplementary agreements entered into by the Commonwealth
6 thereunder.
7 § 2503. Supplementary agreements.
8 The compact administrator is authorized and empowered to
9 enter into supplementary agreements with appropriate officials
10 of other states pursuant to Articles VII and XI of the compact.
11 In the event that any supplementary agreement shall require or
12 contemplate the use of any institution or facility of the
13 Commonwealth or require or contemplate provision of any service
14 by the Commonwealth, no such agreement shall have force or
15 effect until approved by the head of the Commonwealth agency
16 under whose jurisdiction the institution or facility is operated
17 or whose Commonwealth agency will be charged with the rendering
18 of the service.
19 § 2504. Financial obligations.
20 The compact administrator, subject to the approval of the
21 Auditor General, may make or arrange for any payments necessary
22 to discharge any financial obligations imposed upon the
23 Commonwealth by the compact or by any supplementary agreement
24 entered into thereunder.
25 § 2505. Consultation with families of transferees.
26 The compact administrator is directed to consult with the
27 immediate family of any proposed transferee.
28 § 2506. Limitation of compact applicability.
29 This compact shall apply only to patients who either are in
30 institutions maintained by the Commonwealth of Pennsylvania,
19890S0005B1173 - 115 -
1 having been duly and properly committed or admitted pursuant to
2 laws of this Commonwealth or whose admission to an institution
3 maintained by the Commonwealth is being sought by a sending
4 state pursuant to this compact, and shall not in any case apply
5 to any patient of a private licensed institution.
6 § 2507. Commitment or transfers to facilities of Federal
7 Government or another state.
8 (a) Transfers authorized.--Except when a person has been
9 charged with or sentenced for a crime, if proceedings for
10 admission or commitment have been effected, the person may be
11 committed or transferred to the Veterans' Administration or any
12 other Federal agency or to another state for care therein.
13 (b) Reciprocal agreements.--It is the duty of the department
14 to take any steps and adopt any measures as are necessary to
15 accomplish a commitment or transfer. For that purpose the
16 department, subject to the approval of the Attorney General, is
17 hereby authorized to enter into reciprocal agreements with any
18 Federal agency and with corresponding state agencies of other
19 states regarding the intrastate and interstate transportation or
20 transfer of persons with mental disability to a Federal or
21 Commonwealth agency and to arrange with the proper officials in
22 this Commonwealth for the acceptance, transfer and support of
23 persons who are residents of this State but who are temporarily
24 detained or who are receiving care for mental disability in
25 public facilities of the Federal Government or of other states
26 in accordance with the terms of these agreements. This section
27 shall be so interpreted and construed as to effectuate its
28 general purpose and to make uniform the laws of those
29 jurisdictions and states which have enacted similar legislation.
30 (c) Court consent.--If the jurisdiction of the court has
19890S0005B1173 - 116 -
1 attached, the court must consent to the transfer. Where it
2 appears that the transfer cannot be accomplished solely because
3 the person whose transfer is sought stands charged with a crime,
4 the court having jurisdiction of the charge may dismiss it upon
5 condition that the transfer is accomplished if the interests of
6 the Commonwealth do not require prosecution.
7 (d) Consent of transferee.--The consent of the person whose
8 transfer is sought must also be obtained, except where any
9 portion of the cost of care is borne by the Commonwealth or any
10 political subdivision.
11 (e) Provisions supplementary.--The provisions of this
12 section are intended to be supplemental to the provisions of
13 this chapter.
14 CHAPTER 27
15 RECIPROCAL AGREEMENTS WITH OTHER STATES
16 Sec.
17 2701. Agreements authorized.
18 2702. Deportations.
19 § 2701. Agreements authorized.
20 The department, subject to the approval of the Attorney
21 General, is authorized to enter into reciprocal agreements with
22 corresponding state agencies of other states regarding the
23 interstate transportation or transfer of persons with mental
24 illness or deficiency and to arrange with the proper officials
25 in this Commonwealth for the acceptance, transfer and support of
26 persons who are residents of this Commonwealth but who are
27 temporarily detained or who are receiving psychiatric or mental
28 care in public institutions of other states in accordance with
29 the terms of the agreement.
30 § 2702. Deportations.
19890S0005B1173 - 117 -
1 Whenever any person is detained in a facility after having
2 been charged with or convicted of a crime and is subject to
3 deportation from this Commonwealth under Federal laws, the court
4 authorizing treatment for the person, upon the petition of the
5 director of the facility, may enter an order releasing the
6 person from detention into the custody of an agent of the
7 Federal Government for the purposes of deportation.
8 Section 2. The first meeting of the conjoint board
9 established in 50 Pa.C.S. § 314 shall be called by the
10 superintendent of each State hospital within 90 days of the
11 effective date of this act.
12 Section 3. The following acts and parts of acts are
13 repealed:
14 Act of April 4, 1831 (P.L.422, No.194), entitled "An act to
15 provide for the erection of a house for the employment and
16 support of the poor, in the county of Schuylkill."
17 Act of April 5, 1832 (P.L.292, No.128), entitled "A
18 supplement to the act entitled An act to provide for the
19 erection of a house for the employment and support of the poor,
20 in the county of Schuylkill, passed the fourth day of April, one
21 thousand eight hundred and thirty-one."
22 Act of May 8, 1855 (P.L.512, No.533), entitled "A supplement
23 to the act incorporating the Western Pennsylvania Hospital."
24 Act of February 23, 1859 (P.L.71, No.61), entitled "A
25 supplement to an act 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 February 26, 1861 (P.L.49, No.55), entitled "A
30 supplement to an act to provide for the erection of a House for
19890S0005B1173 - 118 -
1 the Employment and Support of the Poor, in the county of
2 Schuylkill, passed the fourth day of April, one thousand eight
3 hundred and thirty-one."
4 Act of April 22, 1863 (P.L.539, No.535), entitled "An act
5 supplementary to an act incorporating the Western Pennsylvania
6 Hospital."
7 Act of March 25, 1864 (P.L.77, No.82), entitled "A supplement
8 to an act to provide for the erection of a House for the
9 Employment and Support of the Poor, in the county of Schuylkill,
10 passed the fourth day of April, one thousand eight hundred and
11 thirty-one."
12 Act of April 18, 1864 (P.L.451, No.386), entitled "An act
13 supplementary to the act of twenty-second April, eighteen
14 hundred and sixty-three, relative to the Western Pennsylvania
15 Hospital."
16 Act of April 24, 1869 (P.L.90, No.66), entitled "An act to
17 create a Board of Public Charities."
18 Act of May 7, 1874 (P.L.119, No.51), entitled "A supplement
19 to the act to create a board of public charities, approved the
20 twenty-fourth day of April, Anno Domini one thousand eight
21 hundred and sixty-nine, authorizing and empowering said board to
22 appoint visitors, and to transfer certain insane persons from
23 county institutions to state hospitals."
24 Act of April 27, 1876 (P.L.47, No.37), entitled "An act
25 making appropriations for the salaries of officers and
26 employees, and for the improvement of the grounds and buildings,
27 and machinery and insurance of the Western Pennsylvania Hospital
28 for the Insane at Dixmont, Pennsylvania."
29 Act of June 13, 1883 (P.L.92, No.86), entitled "An act to
30 provide for the care and treatment of the indigent insane of the
19890S0005B1173 - 119 -
1 several counties of the Commonwealth, in State hospitals for the
2 insane."
3 Act of June 10, 1897 (P.L.138, No.114), entitled "An act
4 providing for the taking, filing and reviewing of the testimony
5 taken before sheriff's juries in inquisition of lunacy in and by
6 the several courts of this Commonwealth."
7 Act of July 15, 1897 (P.L.291, No.226), entitled "An act
8 authorizing the Auditor General to prescribe the form and
9 requirements of vouchers, monthly and quarterly returns and
10 statements of county officers and institutions receiving State
11 aid, and to obtain from State institutions the evidence of State
12 ownership, and making an appropriation to meet the expenses
13 thereof, and authorizing the appointment of expert accountants
14 in certain cases, and providing for the payment of the same."
15 Act of May 15, 1903 (P.L.446, No.424), entitled "An act to
16 provide for the selection of a site and the erection of a State
17 Institution for the Feeble-Minded and Epileptic, to be called
18 The Eastern Pennsylvania State Institution for the Feeble-Minded
19 and Epileptic, and making an appropriation therefor."
20 Act of May 28, 1907 (P.L.292, No.222), entitled "An act to
21 provide for the protection of insane persons, feeble-minded
22 persons, and epileptics, and the appointment of a guardian for
23 the said insane persons, feeble-minded persons, and epileptics,
24 unable to care for their own property; authorizing the guardian
25 to support the wife and children of the said insane persons,
26 feeble-minded persons, and epileptics; defining the powers of
27 the guardian, and authorizing the sale of real estate of the
28 ward."
29 Act of May 13, 1909 (P.L.533, No.294), entitled "An act
30 relating to the indigent insane in poor districts, and providing
19890S0005B1173 - 120 -
1 for the same allowance for their treatment as is given by the
2 Commonwealth to State hospitals for the insane, under the
3 conditions prescribed by the act of Assembly, approved May one,
4 one thousand nine hundred and seven."
5 Act of June 9, 1911 (P.L.862, No.334), entitled "A supplement
6 to an act, entitled 'An act to provide for the selection of a
7 site and the erection of a State Institution for the Feeble-
8 minded and Epileptic, to be called the Eastern Pennsylvania
9 State Institution for the Feeble-Minded and Epileptic, and
10 making an appropriation therefor,' approved the fifteenth day of
11 May, one thousand nine hundred and three; authorizing the Board
12 of Trustees to enter into agreements respecting highways,
13 railways, railroads, and other means of travel within the lands
14 of said institution."
15 Act of April 14, 1915 (P.L.120, No.54), entitled "An act
16 relating to persons habitually addicted to the use of alcohol or
17 drugs, and providing for the care and treatment of such persons
18 at the expense of the county and State, if indigent."
19 Act of June 1, 1915 (P.L.661, No.293), entitled "An act
20 relating to the maintenance of insane, feeble-minded, and other
21 persons confined in the various institutions of the
22 Commonwealth; fixing liability for their support; providing for
23 the collection of the moneys due the Commonwealth therefor, and
24 for proceedings relating thereto."
25 Act of April 6, 1921 (P.L.99, No.59), entitled "An act
26 relating to the jurisdiction, powers, and procedure of the court
27 of common pleas as to sale, mortgage, conveyance upon ground
28 rent, and lease for years of real estate, where the legal title
29 is held by a married person whose spouse is an habitual
30 drunkard, and providing for the disposition of the proceeds
19890S0005B1173 - 121 -
1 thereof."
2 Act of May 10, 1927 (P.L.883, No.450), entitled "An act
3 authorizing the board of trustees of Harrisburg State Hospital
4 to convey certain lands, or rights of way over lands, owned or
5 acquired by it, or in the name of the Commonwealth of
6 Pennsylvania for it, in or near the City of Harrisburg,
7 Pennsylvania, and to acquire other lands or rights of way in
8 exchange therefor, and to agree upon the compensation for so
9 doing, in connection with the opening of a parkway from
10 Reservoir Park in the City of Harrisburg to Wildwood Park in the
11 same city."
12 As much as reads "Board of Trustees of Allentown State
13 Hospital, Board of Trustees of Clarks Summit State Hospital,
14 Board of Trustees of Danville State Hospital, Board of Trustees
15 of Embreeville Center, Board of Trustees of Farview State
16 Hospital, Board of Trustees of Harrisburg State Hospital, Board
17 of Trustees of Mayview State Hospital, Board of Trustees of
18 Norristown State Hospital, Board of Trustees of Philadelphia
19 State Hospital, Board of Trustees of Somerset State Hospital,
20 Board of Trustees of Warren State Hospital, Board of Trustees of
21 Wernersville State Hospital, Board of Trustees of Woodville
22 State Hospital, Board of Trustees of Torrance State Hospital,
23 Board of Trustees of Haverford State Hospital," and "Board of
24 Trustees of Ebensburg Center, Board of Trustees of Eastern State
25 School and Hospital, Board of Trustees of Laurelton Center,
26 Board of Trustees of Pennhurst Center, Board of Trustees of Polk
27 Center, Board of Trustees of Selinsgrove Center, Board of
28 Trustees of Western Center, Board of Trustees of White Haven
29 Center, Board of Trustees of Woodhaven Center, Board of Trustees
30 of the South Mountain Restoration Centers," of section 401, as
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1 much as reads "Advisory Committee for Mental Health and Mental
2 Retardation" and "In the case of the Advisory Committee for
3 Mental Health and Mental Retardation, the committee shall
4 include the Chairman of the Public Health and Welfare Committee
5 of the Senate, the Chairman of the Health and Welfare Committee
6 of the House of Representatives and the President of the
7 Pennsylvania State Association of County Commissioners or his
8 alternate," of section 448(l), section 2313 and as much as
9 reads, "and the Advisory Committee for Mental Health and Mental
10 Retardation" of section 2328 of the act of April 9, 1929
11 (P.L.177, No.175), known as The Administrative Code of 1929.
12 Act of June 23, 1931 (P.L.1199, No.324), entitled "An act for
13 the acceptance of a site from the University of Pittsburgh, and
14 for surveys and the preparation of preliminary plans and
15 estimates for a Western State Psychiatric Hospital; providing
16 for the erection, construction, and equipment of said hospital
17 when appropriations are made available, and for its management
18 by the Department of Welfare."
19 Act of September 29, 1938 (Sp.Sess. P.L.53, No.21), entitled,
20 as reenacted and amended, "An act relating to institutions of
21 counties, cities, wards, boroughs, townships, institution
22 districts and other political subdivisions, for the care,
23 maintenance, and treatment of mental patients; providing for the
24 transfer to the Commonwealth for the care, maintenance and
25 treatment of mental patients of such institutions, and all
26 grounds, lands, buildings and personal property of such
27 political subdivisions used for the care and maintenance of
28 indigent persons connected with such mental institutions;
29 providing for the management and operation or closing and
30 abandonment thereof; and the maintenance of mental patients
19890S0005B1173 - 123 -
1 therein; including the collection of maintenance in certain
2 cases; providing for the retransfer of certain property to
3 counties, cities, wards, boroughs, townships, institution
4 districts and other political subdivisions under certain
5 circumstances; conferring and imposing upon the Governor, the
6 Department of Welfare, the courts of common pleas and counties,
7 cities, wards, boroughs, townships, institution districts and
8 other political subdivisions certain powers and duties;
9 prohibiting cities, counties, wards, boroughs, townships,
10 institution districts and other political subdivisions from
11 maintaining and operating institutions, in whole or in part, for
12 the care and treatment of mental patients; and repealing
13 inconsistent laws."
14 Section 3 of the act of November 29, 1938 (Sp.Sess. P.L.92,
15 No.37), entitled "An act to amend sections two hundred two, four
16 hundred one and two thousand three hundred eighteen of the act,
17 approved the ninth day of April, one thousand nine hundred
18 twenty-nine (Pamphlet Laws, one hundred seventy-seven), entitled
19 'An act providing for and reorganizing the conduct of the
20 executive and administrative work of the Commonwealth by the
21 Executive Department thereof and the administrative departments,
22 boards, commissions, and officers thereof, including the boards
23 of trustees of State Normal Schools, or Teachers Colleges;
24 abolishing, creating, reorganizing or authorizing the
25 reorganization of certain administrative departments, boards,
26 and commissions; defining the powers and duties of the Governor
27 and other executive and administrative officers, and of the
28 several administrative departments, boards, commissions, and
29 offices; fixing the salaries of the Governor, Lieutenant
30 Governor, and certain other executive and administrative
19890S0005B1173 - 124 -
1 officers; providing for the appointment of certain
2 administrative officers, and of all deputies and other
3 assistants and employes in certain departments, boards and
4 commissions; and prescribing the manner in which the number and
5 compensation of the deputies and all other assistants and
6 employes of certain departments, boards and commissions shall be
7 determined,' as amended, by creating additional departmental
8 administrative boards in the Department of Welfare, and
9 conferring powers and duties upon boards of trustees for the
10 respective institutions acquired by the Commonwealth from
11 counties, cities and institution districts for use as State
12 mental hospitals."
13 Act of June 1, 1943 (P.L.813, No.342), entitled "An act
14 authorizing the Department of Welfare to enter into contracts
15 for foodstuffs to supply State institutions, and to purchase the
16 same in open market, and to process the same for preservation;
17 providing for transfers from appropriations made to such
18 institutions in payment therefor; authorizing dehydrating plants
19 and equipment at State institutions and the use of inmate labor
20 thereat; conferring power and imposing duties on the Department
21 of Property and Supplies; and making an appropriation."
22 Act of April 18, 1949 (P.L.599, No.126), entitled "An act
23 establishing, within the limits of Philadelphia, the Eastern
24 Pennsylvania Psychiatric Institute as a State institution;
25 providing for a board of trustees and a medical advisory board
26 therefor; conferring powers and imposing duties upon the
27 Department of Property and Supplies, the Department of Welfare,
28 the board of trustees and the medical advisory board."
29 Act of May 20, 1949 (P.L.1643, No.496), entitled "An act
30 authorizing the Department of Property and Supplies to lease to
19890S0005B1173 - 125 -
1 the University of Pittsburgh, the Western State Psychiatric
2 Institute and Clinic, in Allegheny County, and providing for the
3 management thereof by the University of Pittsburgh."
4 Act of May 24, 1951 (P.L.392, No.86), entitled "An act
5 providing for the construction and equipping of the Pennsylvania
6 School for Mental Defectives; providing for the acquisition of
7 land; providing for the care, maintenance and control of
8 inmates; imposing duties and conferring powers on the Department
9 of Welfare and the Department of Property and Supplies."
10 Except for Article I, sections 401, 402, 403, 404, 405, 406,
11 407, 408, 409, 410, 411, 412, 416, 418, 419, 420 and 426 of
12 Article IV and section 604 of article VI, the act of October 20,
13 1966 (3rd Sp.Sess. P.L.96, No.6), known as the Mental Health and
14 Mental Retardation Act of 1966.
15 Sections 317(a), 1121, 1122, 1123, 1124, 1125, 1126, 1131,
16 1141, 1142, 1143, 1144, 1145, 1146, 1147 and 1148 of the act of
17 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
18 Act of December 29, 1972 (P.L.1695, No.362), known as the
19 Parklands Payback Pilot Project Act.
20 Act of July 9, 1976 (P.L.817, No.143), known as the Mental
21 Health Procedures Act.
22 Act of July 9, 1987 (P.L.207, No.32), entitled "An act
23 providing for the appointment of a Commissioner of Mental
24 Health; establishing powers and duties of the commissioner; and
25 making a repeal."
26 Section 4. This act shall take effect July 1, 1989, or
27 immediately, whichever is later.
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