1Amending Title 50 (Mental Health) of the Pennsylvania
2Consolidated Statutes, adding provisions relating to mental
3health procedures and the treatment of individuals with
4mental illness in the criminal justice system; making
5conforming amendments to Titles 18, 20, 23, 42 and 61; and
6repealing the Mental Health Procedures Act.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Title 50 of the Pennsylvania Consolidated
10Statutes is amended by adding a part to read:

11PART III

12MENTAL HEALTH PROCEDURES

13Chapter

1431.  Preliminary Provisions

1532.  Voluntary Inpatient Examination and Treatment

1633.  Involuntary Examination and Treatment

1734. Determinations Affecting Those Charged With Crime or
18Under Sentence

19CHAPTER 31

20PRELIMINARY PROVISIONS

1Subchapter

2A.  General Provisions

3B.  Administrative Matters

4C.  General Treatment Provisions

5D.  Rights and Immunities

6SUBCHAPTER A

7GENERAL PROVISIONS

8Sec.

93101.  Short title of part.

103102.  Definitions.

113103.  Statement of policy.

12§ 3101.  Short title of part.

13This part shall be known and may be cited as the Mental
14Health Procedures Code.

15§ 3102.  Definitions.

16Subject to additional definitions contained in subsequent
17provisions of this part which are applicable to specific
18provisions of this part, the following words and phrases when
19used in this part shall have the meanings given to them in this
20section unless the context clearly indicates otherwise:

21"Adequate treatment."  A course of treatment designed and
22administered to maximize the probability of the person's
23recovery from mental illness.

24"Authorized person."  A person authorized by the county
25administrator to perform a specific duty set forth in this part.

26"Client."  A person receiving behavioral or mental health
27treatment from a mental health professional.

28"County administrator."  The administrator of a county
29program or the designee of the administrator.

30"County program."  A mental health and intellectual

1disability program established under Article III of the act of
2October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
3Mental Health and Intellectual Disability Act of 1966.

4"Department."  The Department of Public Welfare of the
5Commonwealth.

6"Facility."  A mental health establishment, hospital, clinic,
7institution, center, day-care center, base-service unit,
8community mental health center or a part of such facility that
9provides for the diagnosis, treatment, care or rehabilitation of
10persons with mental illness.

11"Incompetent to proceed on criminal charges."  A person who
12has been charged with a crime who is found to be substantially
13unable to understand the nature or object of the proceedings
14against the person or to participate and assist in the person's
15own defense.

16"Individualized treatment plan" or "treatment plan."  A plan
17of treatment formulated for a particular person in a program
18appropriate to the person's specific needs.

19"Inpatient treatment."  Includes all treatment that requires
20full-time or part-time residence in a facility.

21"Licensed clinical psychologist."  A psychologist licensed
22under the act of March 23, 1972 (P.L.136, No.52), known as the
23Professional Psychologists Practice Act, who holds a doctoral
24degree from an accredited university and is duly trained and
25experienced in the delivery of direct preventive assessment and
26therapeutic intervention services to individuals whose growth,
27adjustment or functioning is actually impaired or demonstrably
28at risk of impairment.

29"Licensed psychologist." An individual licensed under the 
30Professional Psychologists Practice Act.

1"Mental health professional."  A person licensed or certified
2in this Commonwealth in any mental health-related field to whom
3the confidentiality provisions of this part apply.

4"Mental health review officer." A person authorized by a
5court of common pleas to conduct proceedings under this part.

6"Review officer." A mental health review officer.

7"Serious mental illness."  As defined by the department in
8its regulations.

9"Severely mentally disabled."  A condition in which, as a
10result of mental illness, a person's capacity to exercise self-
11control, judgment and discretion in the conduct of the person's
12affairs and social relations or to care for the person's own
13personal needs is so lessened that the person poses a clear and
14present danger of harm to self or others, as determined in
15section 3301 (relating to persons who may be subject to
16involuntary emergency examination and treatment).

17"Treatment."  Includes the following:

18(1)  Diagnosis, evaluation, therapy or rehabilitation
19needed to alleviate pain or distress and to facilitate the
20recovery of a person from mental illness.

21(2)  Care and other services that supplement treatment
22described in paragraph (1) and aid or promote the recovery of
23a person from mental illness.

24§ 3103.  Statement of policy.

25The purpose of this part is to establish procedures whereby 
26the Commonwealth can seek to assure the availability of adequate 
27treatment to persons with mental illness. The provisions of this 
28part shall be interpreted in conformity with the principles of 
29due process to make voluntary and involuntary treatment 
30available where the need is great and its absence could result
 

1in serious harm to the person with mental illness or to others.

2SUBCHAPTER B

3ADMINISTRATIVE MATTERS

4Sec.

53111.  Rules and regulations.

63112.  Forms.

73113.  Confidentiality of records.

83114.  Jurisdiction and venue.

93115.  Conduct of proceedings.

103116.  Reporting requirements for firearms background checks.

11§ 3111.  Rules and regulations.

12The department shall adopt any rules and regulations
13necessary to effectuate the provisions of this part. Rules and
14regulations adopted under the provisions of this part shall be
15adopted according to the provisions of section 201 of the act of
16October 20, 1966 (3rd Sp.Sess., P.L.96, No.6), known as the
17Mental Health and Intellectual Disability Act of 1966, and the
18act of July 31, 1968 (P.L.769, No.240), referred to as the
19Commonwealth Documents Law.

20§ 3112.  Forms.

21(a)  Development.--The department shall establish and adopt
22forms necessary to effectuate the provisions of this part.

23(b)  Verification.--A warrant or application under section
243302(a)(2) (relating to involuntary emergency examination and
25treatment) and each application, petition and certification
26required under this part shall be made subject to the penalties
27provided under 18 Pa.C.S. § 4904 (relating to unsworn
28falsification to authorities) and must contain a notice to that
29effect.

30(c)  Submission.--Each warrant, application, petition or

1certification under subsection (b) must be submitted to the
2county administrator in the following counties:

3(1)  Where the person was made subject to examination and
4treatment.

5(2)  Any other county in this Commonwealth in which the
6person is domiciled.

7(d)  Applicability to voluntary treatment.--Subsections (a)
8and (b) shall not apply to a person admitted to a treatment
9facility pursuant to Chapter 32 (relating to voluntary inpatient
10examination and treatment) when no part of the person's care is
11provided for with public funds. The department may require
12facilities to report clinical and statistical information, but
13the information must not directly or indirectly identify any
14person who is the subject of the information reported.

15§ 3113.  Confidentiality of records.

16(a)  Documents in general.--All documents concerning persons
17in treatment shall be kept confidential and, without the written
18consent of the person, may not be released or their contents
19disclosed to anyone except:

20(1)  Those engaged in providing treatment for the person.

21(2)  The county administrator, pursuant to section
223112(c) (relating to forms).

23(3)  A court in the course of legal proceedings
24authorized by this part.

25(4)  Pursuant to Federal rules, statutes or regulations
26governing disclosure of patient information where treatment
27is undertaken by a Federal agency.

28(b)  Privileged communications.--Privileged communications,
29whether written or oral, may not be disclosed to anyone without
30written consent of the person who made the communication.

1(c)  Statistical analysis.--Nothing in this section prohibits
2the collection or analysis of clinical or statistical data by
3the department, the county administrator or the facility if the
4use or dissemination of the data does not directly or indirectly
5identify any person who is the subject of the information
6reported.

7(d)  Other law.--Nothing in this section shall be construed
8to conflict with section 8 of the act of April 14, 1972
9(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
10Abuse Control Act.

11§ 3114.  Jurisdiction and venue.

12(a)  Initial jurisdiction.--The jurisdiction of a court of
13common pleas or juvenile court conferred by Chapters 32
14(relating to voluntary inpatient examination and treatment) and
1533 (relating to involuntary examination and treatment) shall be
16exercised initially by the court for the county in which the
17subject of the proceedings is located or resides.

18(b)  Subsequent proceedings.--If involuntary treatment is
19ordered, jurisdiction over any subsequent proceeding shall be
20retained by the court in which the initial proceeding occurred,
21but jurisdiction may be transferred to the county where the
22person is domiciled.

23(c)  Proceedings at treatment facility.--The court or a
24mental health review officer of the county having jurisdiction
25over the proceedings may conduct legal proceedings at a facility
26where the person is in treatment, whether or not the facility is
27located within the county where the court or mental health
28review officer normally conducts business.

29(d)  Venue for actions involving statutory rights.--Venue for
30actions instituted to effectuate rights under this part shall be

1as now or hereafter provided by law.

2§ 3115.  Conduct of proceedings.

3A proceeding under sections 3303(c) (relating to extended
4involuntary emergency treatment), 3304 (relating to court-
5ordered involuntary treatment), 3305 (relating to additional
6periods of court-ordered involuntary treatment) and 3306
7(relating to transfer of persons in involuntary treatment) may
8be conducted by the court or a mental health review officer.

9§ 3116.  Reporting requirements for firearms background checks.

10(a)  Disclosure for firearms background check purposes.--
11Notwithstanding any other law to the contrary, the court, a
12mental health review officer and a county administrator shall
13notify the Pennsylvania State Police on a form developed by the
14Pennsylvania State Police of the identity of any of the
15following persons:

16(1)  A person who has been adjudicated incompetent to
17proceed on criminal charges under Chapter 34 (relating to
18determinations affecting those charged with crime or under
19sentence).

20(2)  A person who has been involuntarily committed to a
21mental institution for inpatient care and treatment under
22this part.

23(3)  A person who has been involuntarily treated as
24described under 18 Pa.C.S. § 6105(c)(4) (relating to persons
25not to possess, use, manufacture, control, sell or transfer
26firearms).

27(b)  Timing of notification.--The notification under
28subsection (a) shall be transmitted within seven days of the
29adjudication, commitment or treatment.

30(c)  Confidentiality provisions waived.--Section 3113

1(relating to confidentiality of records) shall not restrict the
2disclosure of information:

3(1)  To the Pennsylvania State Police under this section.

4(2)  By the Pennsylvania State Police to a person in
5accordance with 18 Pa.C.S. § 6105(c)(4).

6SUBCHAPTER C

7GENERAL TREATMENT PROVISIONS

8Sec.

93121.  Applicability.

103122.  Referral of persons discharged from treatment.

113123.  Basic treatment requirements.

123124.  Treatment facilities.

133125.  Treatment team.

143126.  Individualized treatment plan.

153127.  Periodic reexamination, review and redisposition.

163128.  Duty to protect.

17§ 3121.  Applicability.

18(a)  Treatment covered.--This part establishes rights and
19procedures for:

20(1)  All involuntary inpatient treatment of persons with
21mental illness.

22(2)  All involuntary outpatient treatment of persons with
23mental illness.

24(3)  All voluntary inpatient treatment of persons with
25mental illness.

26(b)  Limitations on treatment.--Treatment shall be delivered
27subject to the following:

28(1)  Treatment on a voluntary basis shall be preferred to
29involuntary treatment.

30(2)  In every case, the least restrictions consistent

1with adequate treatment standards shall be employed.

2(c)  Treatment of individuals with multiple diagnoses.--
3Individuals who are intellectually disabled, senile or alcohol
4or drug dependent shall receive mental health treatment only if
5they are also diagnosed as mentally ill, but each of these
6conditions by itself may not be deemed to constitute mental
7illness.

8(d)  Treatment of alcohol abuse or drug addiction.--Nothing
9in this part shall prohibit underutilized State facilities for
10the mentally ill to be made available for the treatment of
11alcohol abuse or drug addiction pursuant to the act of April 14,
121972 (P.L.221, No.63), known as the Pennsylvania Drug and
13Alcohol Abuse Control Act.

14(e)  Treatment of chronically disabled elderly persons.--A
15chronically disabled person who is 70 years of age or older and
16who has been continuously hospitalized in a State-operated
17facility for at least ten years is not subject to the procedures
18of this part. The person's inability to give a rational and
19informed consent does not prohibit the department from
20continuing to provide all necessary treatment to the person. If
21the individual protests treatment or residence at a State-
22operated facility, that individual shall be subject to the
23provisions of Chapter 33 (relating to involuntary examination
24and treatment).

25§ 3122.  Referral of persons discharged from treatment.

26(a)  Discharge from State institutions.--The facility
27administration shall refer those voluntary and involuntary
28patients discharged from State institutional programs to the
29appropriate county program.

30(b)  County program responsibilities.--Pursuant to Article

1III of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, No.6),
2known as the Mental Health and Intellectual Disability Act of
31966, county programs shall receive referrals from State-
4operated facilities and shall be responsible for the treatment
5needs of county residents discharged from institutions pursuant
6to Chapters 32 (relating to voluntary inpatient examination and
7treatment) and 33 (relating to involuntary examination and
8treatment).

9§ 3123.  Basic treatment requirements.

10(a)  Adequacy.--Adequate treatment shall be provided to all
11persons in treatment who are subject to this part.

12(b)  Forms of treatment.--Adequate treatment may include
13inpatient treatment, partial hospitalization or outpatient
14treatment.

15(c) Adequacy of inpatient treatment.--Adequate inpatient
16treatment shall include those accommodations, diet, heat, light,
17sanitary facilities, clothing, recreation, education and medical
18care as necessary to maintain decent, safe and healthy living
19conditions.

20§ 3124.  Treatment facilities.

21(a)  Approved facilities.--All involuntary and voluntary
22treatment funded in whole or in part by public moneys shall be
23available at a facility approved for such purposes by the county
24administrator or the department. Approval of facilities shall be
25made by the appropriate authority which can be the department
26pursuant to regulations adopted by the department.

27(b) Veterans facilities.--Treatment may be ordered at the
28United States Department of Veterans Affairs or other Federal
29agency upon receipt of a certificate that the person is eligible
30for such hospitalization or treatment and that there is

1available space for the person's care. Mental health facilities
2operated under the direct control of the United States
3Department of Veterans Affairs or other Federal agency are
4exempt from obtaining State approval.

5(c) Standards for approval.--The department standards for
6approval shall be at least as stringent as those of the
7following, to the extent that the type of facility is one in
8which those standards are intended to apply:

9(1)  The joint commission for accreditation of hospitals.

10(2)  Titles XVIII and XIX of the Social Security Act (49
11Stat. 620, 42 U.S.C. § 301 et seq.).

12(d)  Exemption.--An exemption from the standards may be
13granted by the department under the following conditions:

14(1)  The exemption may be for a period not in excess of
15one year, which may be renewed.

16(2)  Notice of each exemption and the rationale for
17allowing the exemption must be published pursuant to the act
18of July 31, 1968 (P.L.769, No.240), referred to as the
19Commonwealth Documents Law.

20(3)  Notice of each exemption shall be prominently posted
21at the entrance to the main office and in the reception areas
22of the facility.

23§ 3125.  Treatment team.

24(a)  Leadership.--A treatment team must be under the
25direction of either of the following:

26(1) A licensed clinical psychologist.

27(2)  A physician if:

28(i)  failure to do so would jeopardize Federal
29payments made on behalf of a patient; or

30(ii)  the director of a facility requires the

1treatment to be under the direction of a physician.

2(b)  Composition.--A treatment team must include a physician
3and may include other mental health professionals.

4(c)  Independence of professional judgment.--Notwithstanding
5any other provision of this part, the court or mental health
6review officer may not specify to the treatment team the
7adoption of any treatment techniques, modality or drug therapy.

8§ 3126.  Individualized treatment plan.

9(a)  Formulation.--A treatment team shall formulate and
10review an individualized treatment plan for each person who is
11in treatment under this part.

12(b)  Basic criteria.--To the extent possible, an
13individualized treatment plan shall be made with the
14cooperation, understanding and consent of the person in
15treatment, and the least restrictions consistent with adequate
16treatment standards shall be employed.

17(c)  Administration of drugs.--The administration of drugs
18shall be controlled by the act of April 14, 1972 (P.L.233,
19No.64), known as The Controlled Substance, Drug, Device and
20Cosmetic Act.

21§ 3127.  Periodic reexamination, review and redisposition.

22(a)  Reexamination and review.--

23(1)  Each person who is in treatment under this part
24shall be examined by a treatment team.

25(2)  The person's individualized treatment plan shall be
26reviewed at least every 30 days.

27(b)  Redisposition.--On the basis of reexamination and
28review, the treatment team may:

29(1)  authorize continuation of the existing treatment
30plan if appropriate;

1(2)  formulate a new individualized treatment plan; or

2(3)  recommend to the director of the facility the
3discharge of the person.

4(c)  Duration or modality of treatment.--A person shall not
5remain in treatment or under any particular mode of treatment
6for longer than the treatment is necessary and appropriate to
7the person's needs.

8(d)  Record.--The treatment team responsible for the
9treatment plan shall maintain a record of each reexamination and
10review under this section for each person in treatment, which
11shall include all of the following:

12(1)  A report of the reexamination, including a diagnosis
13and prognosis.

14(2)  A brief description of the treatment provided to the
15person during the period preceding the reexamination and the
16results of that treatment.

17(3)  A statement of the reason for discharge or for
18continued treatment.

19(4)  An individualized treatment plan for the next
20period, if any.

21(5)  A statement of the reasons that the treatment plan
22imposes the least restrictions consistent with adequate
23treatment standards.

24(6)  A certification that the adequate treatment
25recommended is available and will be afforded in the
26treatment program.

27§ 3128.  Duty to protect.

28(a)  Criteria for duty to apply.--In accordance with the
29procedures under subsection (b), a mental health professional
30shall attempt to protect each potential victim from a threat of

1danger from a client of the mental health professional if all of
2the following apply:

3(1)  The client has communicated to the mental health
4professional an explicit threat of imminent serious physical
5harm or death to a clearly identified or identifiable victim
6or the general public or a mental health professional
7reasonably believes after considering the totality of the
8circumstances that a client of the mental health professional
9presents an imminent threat of serious physical harm or death
10to a clearly identified or identifiable victim or the general
11public.

12(2)  The mental health professional reasonably believes,
13or by the standards of the professional's profession should
14believe, that the client has the intent and ability to carry
15out the threat.

16(3)  The threat has been communicated to the professional
17by the threatening client while the professional is engaged
18in his professional duties.

19(b)  Actions necessary to discharge duty.--A mental health
20professional may:

21(1)  use therapeutic interventions or take therapeutic
22precautions that a reasonable prudent mental health
23professional would take under the circumstances to diffuse
24the danger;

25(2)  communicate the threat to all identified or
26identifiable victims;

27(3)  communicate the threat to any individual whose
28knowledge is likely to protect the health and life of a third
29party or the public;

30(4)  notify a law enforcement agency in the vicinity

1where the client or any potential victim resides; or

2(5)  take reasonable steps to initiate proceedings for
3voluntary or involuntary commitment if appropriate.

4(c)  Immunity from civil liability.--No cause of action shall
5exist against a mental health professional, and no legal
6liability may be imposed for breaching a duty to warn of a
7threat of danger by a client, unless the mental health
8professional:

9(1)  fails to comply with this section; and

10(2)  the failure to comply is the result of an
11intentional or grossly negligent act or omission that results
12in harm to a potential victim of the client's threats.

13(d)  Confidentiality.--

14(1)  A disclosure made in good faith under this section
15may not be considered a breach of confidentiality between the
16mental health professional and the client.

17(2)  For a mental health professional who is a "covered
18entity" under the Health Insurance Portability and
19Accountability Act of 1996 (Public Law 104-191, 110 Stat.
201936), disclosures authorized under this section are declared
21to be disclosures authorized without the consent of the
22client under 45 CFR 164.512(j)(1) (relating to uses and
23disclosures for which an authorization or opportunity to
24agree or object is not required).

25SUBCHAPTER D

26RIGHTS AND IMMUNITIES

27Sec.

283131.  Rights and remedies of persons in treatment.

293132.  Immunity from civil and criminal liability.

30§ 3131.  Rights and remedies of persons in treatment.

1Each person who is in treatment shall be entitled to all
2other rights now or hereafter provided under the laws of this
3Commonwealth, in addition to any rights provided for in this
4part. Actions requesting damages, declaratory judgment,
5injunction, mandamus, writs of prohibition, habeas corpus,
6including challenges to the legality of detention or degree of
7restraint, and any other remedies or relief granted by law, may
8be maintained in order to protect and effectuate the rights
9granted under this part.

10§ 3132.  Immunity from civil and criminal liability.

11(a)  Treatment decisions in general.--In the absence of
12willful misconduct or gross negligence, a county administrator,
13director of a facility, physician, peace officer or any other
14authorized person may not be held civilly or criminally liable
15for any of the following decisions or the consequences of the
16decision:

17(1)  To examine or treat a person under this part.

18(2)  To discharge a person under this part.

19(3)  To place a person subject to this part under partial
20hospitalization, outpatient care or leave of absence.

21(4) To reduce a restraint upon a person subject to this
22part.

23(b)  Denial of treatment.--A county administrator or other
24authorized person who denies an application for voluntary
25treatment or involuntary emergency examination and treatment may
26not be civilly or criminally liable for the decision or any of
27its consequences.

28(c)  Judicial immunity.--A court officer or a mental health
29review officer shall not be civilly or criminally liable for an
30action taken or decision made pursuant to the authority

1conferred by this part.

2CHAPTER 32

3VOLUNTARY INPATIENT EXAMINATION

4AND TREATMENT

5Sec.

63201.  Authorization for voluntary treatment.

73202.  Application for voluntary treatment.

83203.  Explanation and consent.

93204. Notice to parents.

103205.  Physical examination; individualized treatment plan.

113206.  Withdrawal from voluntary treatment.

123207.  Transfer of person in voluntary treatment.

13§ 3201.  Authorization for voluntary treatment.

14(a) Self-admission.--A person may submit to examination and
15treatment under this part if:

16(1)  The person is 14 years of age or older.

17(2)  The person believes that treatment is needed.

18(3)  The person substantially understands the nature of
19voluntary treatment.

20(4)  The decision is voluntary.

21(b)  Parental authorization.--A parent, guardian or person
22standing in loco parentis to a child who is younger than 14
23years of age may subject the child to examination and treatment
24under this part and in so doing shall be deemed to be acting for
25the child.

26(c) Applicability.--Except as otherwise authorized in this
27part, all of the provisions of this part governing examination
28and treatment shall apply.

29§ 3202.  Application for voluntary treatment.

30(a)  To whom application may be made.--An application for

1voluntary examination and treatment may be made to any of the
2following entities:

3(1)  An approved facility.

4(2)  A county administrator.

5(3)  The United States Department of Veterans Affairs.

6(4)  Any other Federal agency operating a facility for
7the care and treatment of mental illness.

8(b)  Designation of treatment facility.--When application is
9made to the county administrator, the county administrator shall
10designate the approved facility for examination and treatment as
11may be appropriate.

12§ 3203. Explanation and consent.

13(a)  Explanation to be given.--Before a person is accepted
14for voluntary inpatient treatment, an explanation shall be given
15to the person that includes the following information:

16(1)  The nature of the treatment, including the types of
17treatment in which the person may be involved.

18(2)  Any restraints or restrictions to which the person
19may be subject.

20(3)  A statement of the person's rights under this part.

21(b)  Form of consent.--Consent shall be given in writing upon
22a form adopted by the department.

23(c)  Contents of consent.--The consent shall include the
24following representations:

25(1)  That the person understands treatment will involve
26inpatient status.

27(2)  That the person is willing to be admitted to a
28designated facility for the purpose of examination and
29treatment.

30(3)  That the person consents to the admission

1voluntarily, without coercion or duress.

2(4)  If applicable, that the person has voluntarily
3agreed to remain in treatment for a specified period of no
4longer than 72 hours after having given written notice of the
5intent to withdraw from treatment.

6(d)  Record of consent.--The consent shall be part of the
7person's record.

8§ 3204.  Notice to parents.

9(a)  Notice.--Upon the acceptance of an application for
10examination and treatment by a child who is 14 years of age or
11older and younger than 18 years of age, the director of the
12facility shall promptly notify the child's parents, guardian or
13person standing in loco parentis to the child to inform them of
14the right to be heard upon the filing of an objection to the
15examination and treatment.

16(b)  Objection to treatment by parent.--Whenever an objection
17is filed by the parents, guardian or person standing in loco
18parentis of a child, a hearing shall be held within 72 hours by
19the court or mental health review officer, to determine whether
20or not the voluntary treatment is in the best interest of the
21child.

22§ 3205.  Physical examination; individualized treatment plan.

23(a)  Physical examination.--Upon acceptance of a person for
24voluntary examination and treatment, the person shall be given a
25physical examination.

26(b)  Individualized treatment plan.--Within 72 hours after
27acceptance of a person, a treatment team shall formulate an
28individualized treatment plan, subject to the following
29requirements:

30(1)  The person shall be advised of the treatment plan,

1which shall become a part of the person's record.

2(2)  The treatment plan shall state the following:

3(i)  Whether inpatient treatment is considered
4necessary.

5(ii)  What restraints or restrictions, if any, will
6be administered.

7(iii)  The bases for the conclusions under
8subparagraphs (i) and (ii).

9§ 3206.  Withdrawal from voluntary treatment.

10(a)  Written notice.--Except as provided in subsections (b)
11and (c), a person in voluntary inpatient treatment may withdraw
12at any time by giving written notice of the intent to withdraw
13from treatment.

14(b)  Waiting period.--

15(1)  A person in voluntary inpatient treatment who,
16pursuant to section 3203(c)(4) (relating to explanation and
17consent), agreed in writing at the time of admission that
18release could be delayed for a period specified in the
19agreement, not to exceed 72 hours, may have that release so
20delayed.

21(2)  A person converted from involuntary treatment
22ordered pursuant to section 3304 (relating to court-ordered
23involuntary treatment) or 3305 (relating to additional
24periods of court-ordered involuntary treatment) to voluntary
25treatment status shall agree to remain in treatment for 72
26hours after giving notice.

27(c)  Release of children younger than 14 years of age; who
28may initiate.--If the person is younger than 14 years of age,
29the parent, legal guardian, or person standing in loco parentis
30to the child may affect the child's release. If any responsible

1party believes that it would be in the best interest of a child
2younger than 14 years of age in voluntary treatment to be
3withdrawn therefrom or afforded treatment constituting the least
4restrictions consistent with adequate treatment standards, that
5party may file a petition in the juvenile division of the court
6of common pleas for the county in which the child younger than
714 years of age resides, requesting a withdrawal from or
8modification of treatment.

9(d)  Appointment of counsel; hearing for child younger than
1014 years of age.--The court shall promptly appoint an attorney
11for a child for whom a petition was filed under subsection (b)
12and schedule a hearing to determine what inpatient treatment, if
13any, is in the best interest of the child. The hearing shall be
14held within ten days of receipt of the petition, unless
15continued upon the request of the attorney for the child. The
16hearing shall be conducted in accordance with the rules
17governing other juvenile court proceedings.

18(e)  Lack of medical necessity.--Nothing in this part shall
19be construed to require a facility to continue inpatient
20treatment where the director of the facility determines such
21treatment is not medically indicated. Any dispute between a
22facility and a county administrator as to the medical necessity
23for voluntary inpatient treatment of a person shall be decided
24by the Commissioner of Mental Health or the designee of the
25commissioner.

26§ 3207.  Transfer of person in voluntary treatment.

27A person who is in voluntary treatment may not be transferred
28from one facility to another without the written consent of the
29person.

30CHAPTER 33

1INVOLUNTARY EXAMINATION AND TREATMENT

2Subchapter

3A.  Inpatient or Outpatient Involuntary Examination and
4Treatment

5B.  Assisted Outpatient Treatment

6SUBCHAPTER A

7INPATIENT OR OUTPATIENT INVOLUNTARY

8EXAMINATION AND TREATMENT

9Sec.

103301.  Persons who may be subject to involuntary emergency
11examination and treatment.

123302.  Involuntary emergency examination and treatment.

133303.  Extended involuntary emergency treatment.

143304.  Court-ordered involuntary treatment.

153305.  Additional periods of court-ordered involuntary
16treatment.

173306.  Transfer of persons in involuntary treatment.

183307.  Appeal of mental health review officer findings.

19§ 3301.  Persons who may be subject to involuntary emergency
20examination and treatment.

21(a)  Applicability.--A person who is severely mentally
22disabled and in need of immediate treatment may be subject to
23involuntary emergency examination and treatment. Severely
24mentally disabled shall include a determination of clear and
25present danger, as set forth in subsections (b), (c), (d), (e)
26and (f).

27(b)  Determination of clear and present danger of harm to
28others.--Clear and present danger to others shall be shown by
29establishing that within the past 30 days the person has
30inflicted or attempted to inflict serious bodily harm on another

1or caused substantial property damage and that there is a
2reasonable probability that such conduct will be repeated.

3(c)  Determination of clear and present danger of harm to
4self by neglect.--Clear and present danger of harm to self by
5neglect shall be shown by both of the following criteria:

6(1)  Within the past 30 days the person has acted in such
7manner as to evidence that the person would be unable,
8without care, supervision and the continued assistance of
9others, to satisfy the person's need for nourishment,
10personal or medical care, shelter or self-protection and
11safety.

12(2)  There is a reasonable probability that death,
13serious bodily injury or serious physical or mental
14debilitation would ensue within 30 days unless adequate
15treatment were afforded under this part.

16(d)  Determination of clear and present danger to self by
17reoccurrence and relapse.--Clear and present danger of harm to
18self by reoccurrence and relapse shall be shown by establishing
19all of the following criteria:

20(1)  The person has a serious mental illness that has
21been diagnosed and documented by a licensed psychiatrist.

22(2)  Within the past 24 months the person has twice been
23involuntarily examined and treated under the provisions of
24this chapter in an approved inpatient facility.

25(3)  The person is exhibiting symptoms or behavior
26substantially similar to those that preceded and led to one
27or more of the inpatient placements referred to in paragraph
28(2).

29(4)  There is a reasonable probability that death,
30serious bodily injury or serious physical or mental

1debilitation would ensue within 30 days unless adequate
2treatment were afforded under this part.

3(e)  Determination of clear and present danger to self by
4suicide.--Clear and present danger of harm to self by suicide
5shall be shown by establishing that within the past 30 days the
6person has attempted suicide and that there is the reasonable
7probability of suicide unless adequate treatment is afforded
8under this part.

9(f)  Determination of clear and present danger to self by
10self-mutilation.--Clear and present danger to self by self-
11mutilation shall be shown by establishing that within the past
1230 days the person has committed substantial self-mutilation or
13attempted to commit substantial self-mutilation and that there
14is the reasonable probability of self-mutilation unless adequate
15treatment is afforded under this part.

16(g)  Special rule for persons involved in criminal justice
17system.--If a person has been found incompetent to proceed on
18criminal charges or has been acquitted by reason of lack of
19criminal responsibility on charges arising from conduct
20involving infliction of or attempt to inflict substantial bodily
21harm on another, the 30-day limitation set forth in subsection
22(b) shall not apply so long as an application for examination
23and treatment is filed within 30 days after the date of the
24incompetency determination or verdict of acquittal. In those
25cases, a clear and present danger to others may be shown by
26establishing that the conduct charged in the criminal proceeding
27did occur and that there is a reasonable probability that such
28conduct will be repeated.

29(h)  Threats of harm as clear and present danger.--For the
30purpose of determining a clear and present danger under

1subsections (b), (e) and (f), a clear and present danger of harm
2may be demonstrated by proof that the person has made threats of
3harm and has committed acts in furtherance of the threat to
4commit harm.

5§ 3302.  Involuntary emergency examination and treatment.

6(a)  Application for examination.--Emergency examination may
7be undertaken at a treatment facility based upon any of the
8following:

9(1)  A certification of a physician stating the need for
10an examination.

11(2)  A warrant issued by the county administrator after
12receipt of a written application by a physician, a licensed
13clinical psychologist or other responsible party setting
14forth facts constituting reasonable grounds to believe a
15person is severely mentally disabled and in need of immediate
16treatment. The county administrator's warrant may require an
17authorized person or any peace officer to take the person to
18the facility specified in the warrant.

19(3)  Without warrant.--Upon personal observation of
20conduct constituting reasonable grounds to believe that a
21person is severely mentally disabled and in need of immediate
22treatment, a physician, licensed clinical psychologist, peace
23officer or an authorized person may take the person to an
24approved facility for an emergency examination. Upon arrival,
25the person who personally observed the conduct shall make a
26written statement setting forth the grounds for believing the
27person to be in need of an examination.

28(b)  Examination and determination of need for treatment.--
29Emergency examination and treatment shall be conducted as
30follows:

1(1)  A person taken to a facility shall be examined by a
2physician within two hours of arrival in order to determine
3if the person is severely mentally disabled and in need of
4immediate treatment.

5(2)  If it is determined that the person is severely
6mentally disabled and in need of emergency treatment,
7treatment shall be begun immediately.

8(3)  If the physician does not find the person to be
9severely mentally disabled and in need of immediate
10treatment, or if at any time it appears there is no longer a
11need for immediate treatment, the person shall be discharged
12and returned to a reasonable location that the person
13directs.

14(4)  The physician shall make a record of the examination
15and findings.

16(5)  A person may not be accepted for involuntary
17emergency treatment if a previous application was granted for
18involuntary emergency treatment and the new application is
19not based on behavior occurring after the earlier
20application.

21(c)  Enforcement of rights at emergency examination.--Upon
22arrival at a facility of a person subject to this section, the
23following shall apply:

24(1)  The person shall be informed of the reasons for the
25emergency examination and the right to communicate
26immediately with others.

27(2)  The person shall be given reasonable use of the
28telephone.

29(3) The person shall be requested to furnish the names
30of parties whom he may want notified of his custody and kept

1informed of his status.

2(4)  The county administrator or the director of the
3facility shall:

4(i)  Give notice to the parties identified in
5paragraph (3) of the whereabouts and status of the
6person, how and when contact and visits may be made and
7how the parties may obtain information concerning the
8person while in inpatient treatment.

9(ii)  Take reasonable steps to assure that while the
10person is detained, the health and safety needs of any of
11the person's dependents are met and that the person's
12personal property and the premises the person occupies
13are secure.

14(d)  Duration of emergency examination and treatment.--A
15person who is in treatment pursuant to this section shall be
16discharged whenever it is determined that the person no longer
17is in need of treatment, but in all cases within 120 hours of
18the commencement of treatment, unless within this period either
19of the following occurs:

20(1)  The person is admitted to voluntary treatment
21pursuant to section 3202 (relating to application for
22voluntary treatment).

23(2)  A certification for extended involuntary emergency
24treatment is filed pursuant to section 3303 (relating to
25extended involuntary emergency treatment).

26§ 3303.  Extended involuntary emergency treatment.

27(a)  Application.--Application for extended involuntary
28emergency treatment may be made under the following
29circumstances:

30(1)  An application may be made for any person who is

1being treated pursuant to section 3302 (relating to
2involuntary emergency examination and treatment) when the
3facility determines that the need for emergency treatment is
4likely to extend beyond 120 hours.

5(2) The application shall be filed in the court of
6common pleas.

7(3)  The application shall state the grounds on which
8extended emergency treatment is believed to be necessary.

9(4)  The application shall state the name of an examining
10physician and the substance of the physician's opinion
11regarding the mental condition of the person.

12(b)  Appointment of counsel.--Upon receipt of an application
13under subsection (a), the court shall appoint counsel to
14represent the person unless it appears that the person can
15afford, and desires to have, private representation.

16(c)  Procedures.--An informal conference shall be conducted
17by the court or a mental health review officer within 24 hours
18after the application is filed, at the facility, if practicable,
19and subject to the following requirements:

20(1)  At the commencement of the informal conference, the
21court or a mental health review officer shall inform the
22person of the nature of the proceedings.

23(2)  Information relevant to whether the person is
24severely mentally disabled and in need of treatment shall be
25reviewed, including the reasons that continued involuntary
26treatment is considered necessary.

27(3)  The information presented in paragraph (2) shall be
28made by a physician who examined the person and shall be in
29terms understandable to a layperson.

30(4)  The court or mental health review officer may review

1any relevant information even if it would be normally
2excluded under rules of evidence if the court or mental
3health review officer believes that the information is
4reliable.

5(5)  The person subject to the proceeding or the person's
6representative shall have the right to ask questions of the
7physician and of any other witnesses and to present any
8relevant information.

9(6)  A record of the proceedings, which need not be a
10stenographic record, shall be made. The record shall be kept
11by the court or mental health review officer for at least one
12year.

13(d)  Determination.--At the conclusion of the review set
14forth in subsection (c), the court or mental health review
15officer shall make a determination as to whether or not the
16person is severely mentally disabled and in need of continued
17involuntary treatment, subject to the following:

18(1)  If the person is not severely mentally disabled and
19in need of continued involuntary treatment, the judge of the
20court of common pleas or review officer shall direct the
21director of the facility or the director's designee to
22discharge the person.

23(2)  If the judge of the court of common pleas or review
24officer finds that the person is severely mentally disabled
25and in need of continued involuntary treatment, a
26certification for extended involuntary treatment shall be
27made subject to the following requirements:

28(i)  The certification shall be filed with the
29director of the facility and a copy served on the person,
30counsel for the person and such other parties as the

1person requested to be notified pursuant to section
23302(c)(3).

3(ii)  Upon the filing and service of a certification
4for extended involuntary emergency treatment, the person
5may be given treatment in an approved facility for a
6period of not more than 20 days.

7(e)  Form and contents of certification.--The certification
8shall be made in writing upon a form adopted by the department
9and shall include the following information:

10(1)  Findings by the court or mental health review
11officer as to the reasons that extended involuntary emergency
12treatment is necessary.

13(2)  A description of the treatment to be provided,
14together with an explanation of the adequacy and
15appropriateness of the treatment, based upon the information
16received at the informal conference.

17(3)  Any documents required by 3302.

18(4)  The application as filed pursuant to subsection (a).

19(5)  A statement that the person is represented by
20counsel.

21(6)  An explanation of the effect of the certification,
22the person's right to petition the court for release under
23subsection (f) and the continuing right to be represented by
24counsel.

25(f)  Duration.--Whenever a person is no longer severely
26mentally disabled or in need of immediate treatment and, in any
27event, within 20 days after the filing of the certification, the
28person shall be discharged, unless within this period either of
29the following occurs:

30(1)  The person is admitted to voluntary treatment

1pursuant to section 3202 (relating to application for
2voluntary treatment).

3(2)  The court orders involuntary treatment pursuant to
4section 3304 (relating to court-ordered involuntary
5treatment).

6§ 3304.  Court-ordered involuntary treatment.

7(a)  Application.--A petition for court-ordered involuntary
8treatment may be made for any of the following persons:

9(1)  A person already subject to treatment under this
10section or section 3303 (relating to extended involuntary
11emergency treatment) or 3305 (relating to additional periods
12of court-ordered involuntary treatment).

13(2)  A person who is severely mentally disabled, in need
14of treatment and determined to be a clear and present danger
15of harm to self or others under section 3301 (relating to
16persons who may be subject to involuntary emergency
17examination and treatment).

18(b)  Procedures for person already in involuntary
19treatment.--A petition for court-ordered involuntary treatment
20under this section may be filed for a person described in
21subsection (a)(1), subject to the following conditions:

22(1)  The petition may be made to the court by the county
23administrator or the director of the facility.

24(2)  The petition shall be in writing upon a form adopted
25by the department and shall include the following:

26(i)  A statement of the facts constituting reasonable
27grounds to believe that the person is severely mentally
28disabled and in need of treatment.

29(ii)  The name of any examining physician and the
30substance of the physician's opinion regarding the mental

1condition of the person.

2(iii)  A statement that the person has been given the
3information required by paragraph (3).

4(3)  Upon the filing of the petition the county
5administrator shall serve a copy on the person, counsel for
6the person and those designated to be kept informed as
7provided in section 3302(c) (relating to involuntary
8emergency examination and treatment), including an
9explanation of the nature of the proceedings, the person's
10right to counsel and the services of an expert in the field
11of mental health, as provided by subsection (d).

12(4)  A hearing on the petition shall be held in all cases
13within five days after the filing of the petition.

14(5)  Treatment shall be permitted to be maintained
15pending the determination of the petition.

16(6)  It shall be sufficient to represent, and upon
17hearing to reestablish, that the conduct originally required
18by section 3301 in fact occurred and that the person's
19condition continues to evidence a clear and present danger of
20harm to self or others. In such event, it shall not be
21necessary to show the reoccurrence of dangerous conduct,
22either harmful or debilitating, within the past 30 days.

23(c)  Procedures for persons not already in involuntary
24treatment.--A petition for court-ordered involuntary treatment
25for a person not already in involuntary treatment shall be
26subject to the following conditions:

27(1)  Any responsible party may file a petition in the
28court of common pleas requesting court-ordered involuntary
29treatment.

30(2)  The petition shall be in writing upon a form adopted

1by the department and shall set forth the following:

2(i)  The facts constituting reasonable grounds to
3believe that the person is within the criteria for court-
4ordered treatment set forth in subsection (a).

5(ii)  The name of an examining physician and the
6substance of the physician's opinion regarding the mental
7condition of the person.

8(3)  Upon a determination that the petition sets forth
9such reasonable cause, the court shall appoint counsel to
10represent the person and set a date for the hearing as soon
11as practicable. The attorney shall represent the person
12unless it appears that the person can afford, and desires to
13have, private representation.

14(4)  The court, by summons, shall direct the person to
15appear for a hearing. The following requirements shall apply
16to the person's appearance for the hearing:

17(i)  The court may issue a warrant directing an
18authorized person or a peace officer to bring the person
19before the court at the time of the hearing if there are
20reasonable grounds to believe that the person will not
21appear voluntarily.

22(ii)  A copy of the petition shall be served on the
23person at least three days before the hearing, together
24with a notice informing the person of the following:

25(A)  That counsel has been appointed who shall
26represent the person unless the person obtains other
27counsel.

28(B)  That the person has a right to be assisted
29in the proceedings by an expert in the field of
30mental health under subsection (d).

1(C)  That the person may request or be made
2subject to psychiatric examination under paragraph
3(5).

4(5)  Upon motion of either the petitioner or the person,
5or upon its own motion, the court may order the person to be
6examined by a licensed psychiatrist appointed by the court,
7subject to the following conditions:

8(i)  The examination shall be conducted on an
9outpatient basis.

10(ii)  The person shall have the right to have counsel
11present.

12(iii)  A report of the examination shall be given to
13the court and counsel at least 48 hours prior to the
14hearing.

15(6)  Involuntary treatment may not be authorized during
16the pendency of a petition except in accordance with section
173302 or 3033.

18(d)  Professional assistance.--A person with respect to whom
19a hearing has been ordered under this section shall have and be
20informed of a right to employ a physician, licensed clinical
21psychologist or other expert in mental health of the person's
22choice to assist the person in connection with the hearing and
23testify on the person's behalf. If the person cannot afford to
24engage such a professional, the court shall, on application,
25allow a reasonable fee for that purpose. The fee shall be a
26charge against the mental health and intellectual disability
27program of the county.

28(e)  Conduct of hearing.--A hearing on a petition for court-
29ordered involuntary treatment shall be conducted according to
30the following:

1(1)  The person shall have the right to counsel and the
2assistance of an expert in mental health under subsection
3(d).

4(2)  The person shall not be called as a witness without
5the person's consent.

6(3)  The person shall have the right to confront and
7cross-examine all witnesses and to present evidence on the
8person's own behalf.

9(4)  The hearing shall be public unless it is requested
10to be private by the person or the person's counsel.

11(5)  A stenographic or other sufficient record shall be
12made, which shall be impounded by the court and may be
13obtained or examined only upon the request of the person or
14the person's counsel or by order of the court on good cause
15shown.

16(6)  The hearing shall be conducted by the court or a
17mental health review officer and may be held at a location
18other than a courthouse when doing so appears to be in the
19best interest of the person.

20(7)  A decision shall be rendered within 48 hours after
21the close of evidence.

22(f)  Standard of proof; treatment alternatives.--

23(1)  Upon a finding by clear and convincing evidence that
24the person is severely mentally disabled and in need of
25treatment and subject to subsection (a), an order shall be
26entered directing treatment of the person in an approved
27facility as an inpatient or outpatient, or a combination of
28such treatment as the director of the facility shall from
29time to time determine.

30(2)  Inpatient treatment shall be deemed appropriate only

1after full consideration has been given to less restrictive
2alternatives. An order for inpatient treatment shall include
3findings on the investigation of treatment alternatives,
4which shall include consideration of the person's
5relationship to community and family, employment
6possibilities, all available community resources and
7guardianship services.

8(g)  Duration.--

9(1)  Except as provided in paragraph (2), a person may be
10made subject to court-ordered involuntary treatment under
11this section for a period of not more than 90 days.

12(2)  A person may be made subject to court-ordered
13involuntary treatment under this section for a period of not
14more than one year if the person meets the both of the
15following criteria:

16(i)  The finding of severe mental disability is based
17on acts giving rise to the following offenses:

1818 Pa.C.S. § 2502 (relating to murder).

1918 Pa.C.S. § 2503 (relating to voluntary
20manslaughter).

2118 Pa.C.S. § 2702 (relating to aggravated
22assault).

2318 Pa.C.S. § 2901 (relating to kidnapping).

2418 Pa.C.S. § 3121(a)(1) and (2) (relating to
25rape).

2618 Pa.C.S. § 3123(a)(1) and (2) (relating to
27involuntary deviate sexual intercourse).

2818 Pa.C.S. § 3301 (relating to arson and related
29offenses).

30(ii)  A finding of incompetency to proceed on

1criminal charges or a verdict of acquittal because of
2lack of criminal responsibility has been entered.

3(3) Subject to paragraph (4), if at any time the
4director of a facility concludes that the person is not
5severely mentally disabled or in need of treatment pursuant
6to subsection (a), the director shall discharge the person.

7(4)  No person subjected to involuntary treatment
8pursuant to paragraph (2) may be discharged without a hearing
9conducted pursuant to subsection (h).

10(h)  Hearing.--In cases involving involuntary treatment
11pursuant to subsection (g)(2), the following shall apply:

12(1)  The director shall petition the court which ordered
13the involuntary treatment for the unconditional or
14conditional release of the person when either of the
15following occurs:

16(i)  The period of court-ordered involuntary
17treatment is about to expire and neither the director nor
18the county administrator intends to apply for an
19additional period of court-ordered involuntary treatment
20pursuant to section 3305.

21(ii)  At any time the director concludes that the
22person is not severely mentally disabled or in need of
23treatment.

24(2)  Notice of the petition shall be given to the person,
25the county administrator and the district attorney of the
26county where the criminal charges under subsection (g)(2)
27were filed.

28(3)  Within 15 days after the petition has been filed,
29the court shall hold a hearing to determine if the person is
30severely mentally disabled and in need of treatment.

1(4)  Petitions which must be filed simply because the
2period of involuntary treatment will expire shall be filed at
3least ten days prior to the expiration of the court-ordered
4period of involuntary treatment.

5(5)  If the court determines after the hearing that the
6person is severely mentally disabled and in need of
7treatment, it may order additional involuntary treatment not
8to exceed one year. If the court does not so determine, it
9shall order the discharge of the person.

10§ 3305.  Additional periods of court-ordered involuntary
11treatment.

12(a)  Application.--Upon the application of the county
13administrator or the director of the facility in which the
14person is receiving treatment at the expiration of a period of
15court-ordered involuntary treatment under section 3304(g)
16(relating to court-ordered involuntary treatment) or this
17section, the court may order treatment for an additional period.

18(b)  Basis of order.--The order under subsection (a) shall be
19entered upon hearing on findings as required for persons already
20in involuntary treatment by section 3304(a) and (b) and the
21further finding of a need for continuing involuntary treatment
22as shown by conduct during the person's most recent period of
23court-ordered treatment.

24(c)  Duration.--

25(1)  Except as provided in paragraph (2), the additional
26period of involuntary treatment shall be not more than 180
27days.

28(2)  Persons meeting the criteria of section 3304(g)(2)
29may be subject to an additional period of up to one year of
30involuntary treatment.

1(d)  Less restrictive alternative placements.--A person found
2dangerous to self under section 3301(c), (d), (e) or (f)
3(relating to persons who may be subject to involuntary emergency
4examination and treatment) shall be subject to an additional
5period of involuntary full-time inpatient treatment only if the
6person has first been released to a less restrictive
7alternative. This limitation shall not apply where, upon
8application made by the county administrator or facility
9director, it is determined by the court or mental health review
10officer that such release would not be in the best interests of
11the person.

12(e)  Notice.--The director of the facility in which the
13person is receiving treatment shall notify the county
14administrator at least ten days prior to the expiration of a
15period of involuntary commitment ordered under section 3304 or
16this section.

17§ 3306.  Transfer of persons in involuntary treatment.

18(a)  Transfer permitted.--Subject to subsections (b) and (c),
19a person in involuntary treatment pursuant to this part may be
20transferred to an approved facility.

21(b)  Notice.--In the absence of an emergency, persons
22committed pursuant to section 3304(g)(2) (relating to court-
23ordered involuntary treatment) may not be transferred unless
24written notice is given to the court that committed the person
25and the district attorney in the committing county and no
26objection is noted from either the court or the district
27attorney within 20 days of receipt of the notice. If the court
28or district attorney objects to the transfer, a hearing shall be
29held by the court within 20 days to review the commitment order.
30A decision shall be rendered within 48 hours after the close of

1evidence.

2(c)  Necessity of transfer.--When a transfer will constitute
3a greater restraint, it shall not take place unless, upon
4hearing, the court or review officer finds it to be necessary
5and appropriate.

6§ 3307. Appeal of mental health review officer findings.

7In all cases in which a proceeding under section 3303(c)
8(relating to extended involuntary emergency treatment), 3304
9(relating to court-ordered involuntary treatment), 3305
10(relating to additional periods of court-ordered involuntary
11treatment) or 3306 (relating to transfer of persons in
12involuntary treatment) was conducted by a mental health review
13officer, a person made subject to treatment pursuant to those
14sections shall have the right to petition the court for review
15of the certification, subject to the following requirements:

16(1)  A hearing shall be held within 72 hours after the
17petition is filed unless a continuance is requested by the
18person's counsel.

19(2)  The hearing shall include a review of the
20certification and any evidence as the court may receive or
21require.

22(3)  If the court determines that further involuntary
23treatment is necessary and that the procedures prescribed by
24this part have been followed, it shall deny the petition.
25Otherwise, the court shall order the discharge of the person.

26SUBCHAPTER B

27ASSISTED OUTPATIENT TREATMENT

28Sec.

293311.  Definitions.

303312.  Program coordinators to be appointed.

13313.  Duties of county administrators.

23314.  Directors of assisted outpatient treatment programs.

33315.  Assisted outpatient treatment program.

4§ 3311. Definitions.

5The following words and phrases when used in this subchapter
6shall have the meanings given to them in this section unless the
7context clearly indicates otherwise:

8"Assisted outpatient" or "patient."  A person under a court
9order to receive assisted outpatient treatment.

10"Assisted outpatient treatment."  Any of the following
11categories of outpatient services which have been ordered by the
12court pursuant to section 3315 (relating to assisted outpatient
13treatment program):

14(1)  Case management services or assertive community
15treatment team services to provide care coordination.

16(2)  Medication.

17(3)  Periodic blood tests or urinalysis to determine
18compliance with prescribed medications.

19(4)  Individual or group therapy.

20(5)  Day or partial programming activities.

21(6)  Educational and vocational training or activities.

22(7)  Alcohol or substance abuse treatment and counseling
23and periodic tests for the presence of alcohol or illegal
24drugs for persons with a history of alcohol or substance
25abuse.

26(8)  Supervision of living arrangements.

27(9)  Any other services within an individualized
28treatment plan developed pursuant to section 3126 (relating
29to individualized treatment plan) prescribed to treat the
30person's mental illness and to assist the person in living

1and functioning in the community, or to attempt to prevent a
2relapse or deterioration that may reasonably be predicted to
3result in suicide or the need for hospitalization.

4"Assisted outpatient treatment program" or "program."  A
5system to do all of the following:

6(1) Arrange for and coordinate the provision of assisted
7outpatient treatment.

8(2) Monitor treatment compliance by assisted
9outpatients.

10(3) Evaluate the condition or needs of assisted
11outpatients.

12(4) Take appropriate steps to address the needs of
13assisted outpatients.

14(5) Ensure compliance with court orders.

15"Director."  The director of a hospital licensed or operated
16by the department who operates, directs and supervises an
17assisted outpatient treatment program, or the county
18administrator who operates, directs and supervises an assisted
19outpatient treatment program.

20"Program coordinator."  An individual appointed under section
213312 (relating to program coordinators to be appointed) who is
22responsible for the oversight and monitoring of assisted
23outpatient treatment programs.

24"Secretary."  The Secretary of Public Welfare of the
25Commonwealth.

26"Subject of the petition" or "subject."  A person who is
27alleged in a petition, filed pursuant to the provisions of
28section 3315 (relating to assisted outpatient treatment
29program), to meet the criteria for assisted outpatient
30treatment.

1§ 3312.  Program coordinators to be appointed.

2(a)  Duty of secretary.--The secretary shall appoint program
3coordinators of assisted outpatient treatment who shall be
4responsible for the oversight and monitoring of assisted
5outpatient treatment programs established pursuant to section
63315 (relating to assisted outpatient treatment program). County
7administrators shall work in conjunction with the program
8coordinators to coordinate the implementation of assisted
9outpatient treatment programs.

10(b)  Oversight and monitoring duties.--The program
11coordinator shall oversee and monitor the assistant outpatient
12treatment program to ensure that each of the following occur:

13(1) Each assisted outpatient receives the treatment
14provided for in the court order issued pursuant to section
153315.

16(2) Existing services located in the assisted
17outpatient's community are utilized whenever practicable.

18(3) A case manager or assertive community treatment team
19is designated for each assisted outpatient.

20(4) A mechanism exists for a case manager or assertive
21community treatment team to regularly report the assisted
22outpatient's compliance or lack of compliance with treatment
23to the director of the assisted outpatient treatment program.

24(5) Assisted outpatient treatment services are delivered
25in a timely manner.

26(c)  Standards to be developed.--The secretary shall develop
27standards designed to ensure that case managers or assertive
28community treatment teams have appropriate training and have
29clinically manageable caseloads designed to provide effective
30case management or other care coordination services for persons

1subject to a court order under section 3315.

2(d)  Corrective action to be taken.--Upon review or receiving
3notice that services are not being delivered in a timely manner,
4the program coordinator shall require the director of the
5assisted outpatient treatment program to immediately commence
6corrective action and inform the program coordinator of the
7corrective action taken. Failure of a director to take
8corrective action shall be reported by the program coordinator
9to the secretary as well as to the court which ordered the
10assisted outpatient treatment.

11§ 3313.  Duties of county administrators.

12Each county administrator shall be responsible for the filing
13of petitions for assisted outpatient treatment pursuant to
14section 3315 (relating to assisted outpatient treatment
15program), for the receipt and investigation of reports of
16persons who are alleged to be in need of that treatment and for
17coordinating the delivery of court-ordered services with program
18coordinators appointed by the secretary pursuant to section
193312(a) (relating to program coordinators to be appointed). In
20discharge of the duties imposed by section 3315, directors of
21community services may provide services directly, coordinate
22services with the offices of the secretary or contract with any
23public or private provider to provide services for assisted
24outpatient treatment programs as may be necessary to carry out
25the duties imposed pursuant to this subchapter.

26§ 3314.  Directors of assisted outpatient treatment programs.

27(a)  General duties.--The following shall apply:

28(1)  Directors of assisted outpatient treatment programs
29established pursuant to section 3315 (relating to assisted
30outpatient treatment program) shall provide a written report

1to the program coordinators, appointed by the secretary
2pursuant to section 3312 (a)(relating to program coordinators
3to be appointed), within three days of the issuance of a
4court order. The report shall demonstrate that mechanisms are
5in place to ensure the delivery of services and medications
6as required by the court order and shall include, but not be
7limited to, the following:

8(i)  A copy of the court order.

9(ii)  A copy of the written treatment plan.

10(iii)  The identity of the case manager or assertive
11community treatment team, including the name and contact
12data of the organization which the case manager or
13assertive community treatment team member represents.

14(iv)  The identity of providers of services.

15(v)  The date on which services have commenced or
16will commence.

17(2)  The directors of assisted outpatient treatment 
18programs shall ensure the timely delivery of services 
19described in section 3315 pursuant to any court order issued 
20under that section. Directors of assisted outpatient 
21treatment programs shall immediately commence corrective 
22action upon receiving notice from program coordinators that 
23services are not being provided in a timely manner and the 
24directors shall inform the program coordinator of the 
25corrective action taken.

26(b)  Quarterly reports to program coordinators.--A director
27of assisted outpatient treatment programs shall submit quarterly
28reports to the program coordinators regarding the assisted
29outpatient treatment program operated or administered by the
30director. The report shall include the following information:

1(1)  The names of individuals served by the program.

2(2)  The percentage of petitions for assisted outpatient
3treatment that are granted by the court.

4(3)  Any change in status of assisted outpatients,
5including, but not limited to, the number of individuals who
6have failed to comply with court-ordered assisted outpatient
7treatment.

8(4)  A description of material changes in written
9treatment plans of assisted outpatients.

10(5)  Any change in case managers.

11(6)  A description of the categories of services which
12have been ordered by the court.

13(7)  Living arrangements of individuals served by the
14program including the number if any, who are homeless.

15(8)  Any other information as required by the secretary.

16(9)  Any recommendations to improve the program Statewide
17or locally.

18§ 3315.  Assisted outpatient treatment program.

19(a)  Director to obtain approval from secretary.--A director
20may operate, direct and supervise an assisted outpatient
21treatment program as provided in this section upon approval by
22the secretary. The county administrator shall operate, direct
23and supervise an assisted outpatient treatment program as
24provided in this section upon approval by the secretary. County
25administrators shall be permitted to satisfy the provisions of
26this subchapter through the operation of joint assisted
27outpatient treatment programs. Nothing in this subchapter shall
28be construed to preclude the combination or coordination of
29efforts between and among counties and hospitals in providing
30and coordinating assisted outpatient treatment.

1(b)  Criteria for assisted outpatient treatment.--A patient
2may be ordered to obtain assisted outpatient treatment if the
3court finds all of the following:

4(1)  The patient is 18 years of age or older.

5(2)  The patient is suffering from a mental illness.

6(3)  The patient is unlikely to survive safely in the
7community without supervision, based on a clinical
8determination.

9(4)  The patient has a history of lack of compliance with
10treatment for mental illness that has:

11(i)  at least twice within the preceding 36 months
12been a significant factor in necessitating
13hospitalization or receipt of services in a forensic or
14other mental health unit of a correctional facility, not
15including any period during which the person was
16hospitalized or imprisoned immediately preceding the
17filing of the petition; or

18(ii)  resulted in one or more acts of serious violent
19behavior toward self or others or threats of, or attempts
20at, serious physical harm to self or others within the
21preceding 48 months, not including any period in which
22the person was hospitalized or imprisoned immediately
23preceding the filing of the petition.

24(5)  The patient is, as a result of the patient's mental
25illness, unlikely to voluntarily participate in the
26recommended treatment pursuant to the treatment plan.

27(6)  In view of the patient's treatment history and
28current behavior, the patient is in need of assisted
29outpatient treatment in order to prevent a relapse or
30deterioration which would be likely to pose a clear and

1present danger of harm to self or others as determined under
2section 3301 (relating to persons who may be subject to
3involuntary emergency examination and treatment).

4(7)  It is likely that the patient will benefit from
5assisted outpatient treatment.

6(c)  Petition to the court.--The following shall apply:

7(1)  A petition for an order authorizing assisted
8outpatient treatment may be filed in the court of common
9pleas of the county in which the subject of the petition is
10present or reasonably believed to be present. A petition to
11obtain an order authorizing assisted outpatient treatment may
12be initiated only by the following persons:

13(i)  a person 18 years of age or older with whom the
14subject of the petition resides;

15(ii)  the parent, spouse, sibling 18 years of age or
16older, or child 18 years of age or older of the subject
17of the petition;

18(iii)  the director of the facility in which the
19subject of the petition is hospitalized;

20(iv)  the director of any public or charitable
21organization, agency or home providing mental health
22services to the subject of the petition in whose
23institution the subject of the petition resides;

24(v)  a licensed psychiatrist who is either
25supervising the treatment of or treating the subject of
26the petition for a mental illness;

27(vi)  the county administrator or his designee; or

28(vii)  a parole officer or probation officer assigned
29to supervise the subject of the petition.

30(2)  The petition shall state:

1(i)  Each of the criteria for assisted outpatient
2treatment as set forth in subsection (b).

3(ii)  The facts which support the petitioner's belief
4that the person who is the subject of the petition meets
5each criterion, provided that the hearing on the petition
6need not be limited to the stated facts.

7(iii)  That the subject of the petition is present,
8or is reasonably believed to be present, within the
9county where the petition is filed.

10(3)  The petition shall be accompanied by an affirmation
11or affidavit of a physician, who shall not be the petitioner,
12and shall state either that:

13(i)  The physician has personally examined the person
14who is the subject of the petition not more than ten days
15prior to the submission of the petition, recommends
16assisted outpatient treatment for the subject of the
17petition and is willing and able to testify at the
18hearing on the petition.

19(ii)  Not more than ten days prior to the filing of
20the petition, the physician or his designee has made
21appropriate attempts to elicit the cooperation of the
22subject of the petition, but has not been successful in
23persuading the subject to submit to an examination, that
24the physician has reason to suspect that the subject of
25the petition meets the criteria for assisted outpatient
26treatment and that the physician is willing and able to
27examine the subject of the petition and testify at the
28hearing on the petition.

29(d)  Right to counsel.--The subject of the petition shall
30have the right to be represented by counsel at all stages of a

1proceeding commenced under this section. The subject of the
2petition shall be represented either by counsel of his selection
3or, if unrepresented and unable to afford counsel as determined
4by the court, by court-appointed counsel.

5(e)  Hearing.--The following shall apply:

6(1)  Upon receipt by the court of the petition submitted
7pursuant to subsection (c), the court shall fix the date for
8a hearing at a time not later than three days from the date
9the petition is received by the court, excluding Saturdays,
10Sundays and holidays. Adjournments shall be permitted only
11for good cause. In granting adjournments, the court shall
12consider the need for further examination by a physician or
13the potential need to provide assisted outpatient treatment
14expeditiously.

15(2)  The court shall cause the subject of the petition, 
16the petitioner, the physician whose affirmation or affidavit 
17accompanied the petition, the appropriate director and such 
18other persons as the court may determine to be advised. The 
19subject of the petition shall have the opportunity to 
20provide, in writing, names and parties to be notified of the 
21hearing which shall be considered by the court.

22(3)  Upon the date for the hearing, or upon such other
23date to which the proceeding may be adjourned, the court
24shall hear testimony and, if it be deemed advisable and the
25subject of the petition is available, examine the subject
26alleged to be in need of assisted outpatient treatment in or
27out of court.

28(4)  If the subject of the petition does not appear at
29the hearing and appropriate attempts to elicit the attendance
30of the subject have failed, the court may conduct the hearing

1in the subject's absence. If the hearing is conducted without
2the subject of the petition present, the court shall set
3forth the factual basis for conducting the hearing without
4the presence of the subject of the petition.

5(5)  The court may not order assisted outpatient
6treatment unless an examining physician who has personally
7examined the subject of the petition within the time period
8commencing ten days before the filing of the petition
9testifies in person at the hearing.

10(6)  If the subject of the petition has refused to be
11examined by a physician, the court may request the subject to
12consent to an examination by a physician appointed by the
13court. If the subject of the petition does not consent and
14the court finds reasonable cause to believe that the
15allegations in the petition are true, the court may order law
16enforcement officers or the sheriff's department to take the
17subject of the petition into custody and transport the
18subject to a hospital for examination by a physician.
19Retention of the subject of the petition under the order
20shall not exceed 24 hours.

21(7)  The examination of the subject of the petition may
22be performed by the physician whose affirmation or affidavit
23accompanied the petition, if the physician is privileged by
24the hospital or otherwise authorized by the hospital to do
25so. If the examination is performed by another physician of
26the hospital, the examining physician shall be authorized to
27consult with the physician whose affirmation or affidavit
28accompanied the petition regarding the issues of whether the
29allegations in the petition are true and whether the subject
30meets the criteria for assisted outpatient treatment.

1(8)  (i) A physician who testifies pursuant to paragraph
2(5) shall state all of the following:

3(A) The facts which support the allegation that
4the subject meets each of the criteria for assisted
5outpatient treatment.

6(B) That the treatment is the least restrictive
7alternative.

8(C) The recommended assisted outpatient
9treatment and the rationale for the recommended
10assisted outpatient treatment.

11(ii) If the recommended assisted outpatient
12treatment includes medication, the physician's testimony
13shall describe the types or classes of medication which
14should be authorized, describe the beneficial and
15detrimental physical and mental effects of the medication
16and recommend whether the medication should be self-
17administered or administered by authorized personnel.

18(9)  The subject of the petition shall be afforded an
19opportunity to present evidence, to call witnesses on behalf
20of the subject and to cross-examine adverse witnesses.

21(f)  Written individualized treatment plan.--The following
22shall apply:

23(1) (i)  The court may not order assisted outpatient
24treatment unless an examining physician appointed by the
25appropriate director develops and provides to the court a
26proposed written individualized treatment plan. The
27written individualized treatment plan shall include case
28management services or assertive community treatment
29teams to provide care coordination and all categories of
30services which the physician recommends that the subject

1of the petition should receive.

2(ii)  If the written individualized treatment plan
3includes medication, it shall state whether the
4medication should be self-administered or administered by
5authorized personnel and shall specify type and dosage
6range of medication most likely to provide maximum
7benefit for the subject.

8(iii)  If the written individualized treatment plan
9includes alcohol or substance abuse counseling and
10treatment, the plan may include a provision requiring
11relevant testing for either alcohol or illegal
12substances, provided the physician's clinical basis for
13recommending the plan provides sufficient facts for the
14court to find:

15(A)  That the person has a history of alcohol or
16substance abuse that is clinically related to the
17mental illness.

18(B)  That the testing is necessary to prevent a
19relapse or deterioration which would be likely to
20result in serious harm to the person or others.

21(iv)  In developing the plan, the physician shall
22provide the following persons with an opportunity to
23actively participate in the development of the plan:

24(A) the subject of the petition;

25(B) the treating physician; and

26(C) upon the request of the patient, an
27individual significant to the patient including any
28relative, close friend or individual otherwise
29concerned with the welfare of the patient.

30If the petitioner is a director, the plan shall be

1provided to the court no later than the date of the
2hearing on the petition.

3(2)  The court shall not order assisted outpatient
4treatment unless a physician testifies to explain the written
5proposed treatment plan. The testimony shall state:

6(i)  The categories of assisted outpatient treatment
7recommended.

8(ii)  The rationale for each category.

9(iii)  Facts which establish that the treatment is
10the least restrictive alternative.

11(iv)  If the recommended assisted outpatient
12treatment includes medication, the types or classes of
13medication recommended, the beneficial and detrimental
14physical and mental effects of the medication and whether
15the medication should be self-administered or
16administered by an authorized professional.

17If the petitioner is a director, the testimony shall be given
18at the hearing on the petition.

19(g)  Disposition.--The following shall apply:

20(1)  If after hearing all relevant evidence the court
21finds that the subject of the petition does not meet the
22criteria for assisted outpatient treatment, the court shall
23dismiss the petition.

24(2)  If after hearing all relevant evidence the court
25finds by clear and convincing evidence that the subject of
26the petition meets the criteria for assisted outpatient
27treatment and there is no appropriate and feasible less
28restrictive alternative, the court shall order the subject to
29receive assisted outpatient treatment for an initial period
30not to exceed six months. In fashioning the order, the court

1shall specifically make findings by clear and convincing
2evidence that the proposed treatment is the least restrictive
3treatment appropriate and feasible for the subject. The order
4shall state the categories of assisted outpatient treatment
5which the subject is to receive. The court may not order
6treatment that has not been recommended by the examining
7physician and included in the written treatment plan for
8assisted outpatient treatment as required by subsection (f).

9(3)  If after hearing all relevant evidence the court
10finds by clear and convincing evidence that the subject of
11the petition meets the criteria for assisted outpatient
12treatment and the court has yet to be provided with a written
13individualized treatment plan and testimony pursuant to
14subsection (f), the court shall order the county
15administrator to provide the court with the plan and
16testimony no later than the third day, excluding Saturdays,
17Sundays and holidays, immediately following the date of the
18order. Upon receiving the plan and testimony, the court may
19order assisted outpatient treatment as provided in paragraph
20(2).

21(4)  A court may order the patient to self-administer
22psychotropic drugs or accept the administration of the drugs
23by authorized personnel as part of an assisted outpatient
24treatment program. The order may specify the type and dosage
25range of psychotropic drugs and shall be effective for the
26duration of the assisted outpatient treatment.

27(5)  If the petitioner is the director of a hospital that
28operates an assisted outpatient treatment program, the court
29order shall direct the hospital director to provide or
30arrange for all categories of assisted outpatient treatment

1for the assisted outpatient throughout the period of the
2order. For all other persons, the order shall require the
3director of community services of the appropriate local
4governmental unit to provide or arrange for all categories of
5assisted outpatient treatment for the assisted outpatient
6throughout the period of the order.

7(6)  The director or his designee shall apply to the
8court for approval before instituting a proposed material
9change in the assisted outpatient treatment order, unless the
10change is contemplated in the order. Nonmaterial changes may
11be instituted by the assisted outpatient treatment program
12without court approval. For the purposes of this paragraph, a
13material change shall mean an addition or deletion of a
14category of assisted outpatient treatment from the order of
15the court or any deviation without the patient's consent from
16the terms of an existing order relating to the administration
17of psychotropic drugs.

18(h)  Applications for additional periods of treatment.--If 
19the director determines that the condition of the patient 
20requires further assisted outpatient treatment, the director 
21shall apply prior to the expiration of the period of assisted 
22outpatient treatment ordered by the court for a second or 
23subsequent order authorizing continued assisted outpatient 
24treatment for a period of not more than one year from the date 
25of the order. The procedures for obtaining any order pursuant to 
26this subsection shall be in accordance with this section, 
27provided that the time period included in subsection (b)(4)(i) 
28and (ii) shall not be applicable in determining the 
29appropriateness of additional periods of assisted outpatient 
30treatment. Any court order requiring periodic blood tests or
 

1urinalysis for the presence of alcohol or illegal drugs shall be 
2subject to review after six months by the physician who 
3developed the written individualized treatment plan or another 
4physician designated by the director and the physician shall be 
5authorized to terminate the blood tests or urinalysis without 
6further action by the court.

7(i)  Application for order to stay, vacate or modify.--In 
8addition to any other right or remedy available by law with 
9respect to the order for assisted outpatient treatment, the 
10patient, the patient's counsel or anyone acting on the patient's 
11behalf may apply, on notice to the appropriate director and the 
12original petitioner, to the court to stay, vacate or modify the 
13order.

14(j)  Appeals.--Review of an order issued pursuant to this
15section shall be conducted in the same manner as specified in
16section 3303 (relating to extended involuntary emergency
17treatment).

18(k)  Failure to comply with the assisted outpatient
19treatment.--The following shall apply:

20(1) (i)  Where, in the clinical judgment of a physician, 
21the assisted outpatient has failed or refused to comply 
22with the assisted outpatient treatment and efforts were 
23made to solicit compliance and the assisted outpatient 
24may be in need of involuntary admission to a hospital or 
25immediate observation, care and treatment pursuant to 
26section 3302 (relating to involuntary emergency 
27examination and treatment) or 3303, the physician may 
28request the director of community services, the 
29director's designee or any physician designated by the 
30director of community services to take the assisted
 

1outpatient to an appropriate hospital for an examination 
2to determine if the assisted outpatient has a mental 
3illness for which hospitalization is necessary.

4(ii)  If the assisted outpatient refuses to take
5medication as required by the court order or refuses to
6take or fails a blood test, urinalysis or alcohol or drug
7test as required by the court order, the physician may
8consider the refusal or failure when determining whether
9the assisted outpatient is in need of an examination to
10determine whether the assisted outpatient has a mental
11illness for which hospitalization is necessary.

12(2)  Upon the request of the physician, the director or
13the director's designee may direct law enforcement officers
14or the sheriff's department to take into custody and
15transport the patient to the hospital operating the assisted
16outpatient treatment program or to any hospital authorized by
17the director of community services to receive such patients.

18(3) (i)  Upon the request of the physician, the director
19or the director's designee, the court may authorize the
20patient to be taken into custody and transported to the
21hospital operating the assisted outpatient treatment
22program or to any other hospital authorized by the county
23administrator to receive such patients in accordance with
24section 3306 (relating to transfer of persons in
25involuntary treatment).

26(ii)  The patient may be retained for observation,
27care and treatment and further examination in the
28hospital for up to 72 hours to permit a physician to
29determine whether the patient has a mental illness and is
30in need of involuntary care and treatment in a hospital

1pursuant to this part.

2(iii)  Any continued involuntary retention in the
3hospital beyond the initial 72-hour period shall be in
4accordance with this part relating to the involuntary
5admission and retention of a person.

6(iv)  If at any time during the 72-hour period the
7person is determined not to meet the involuntary
8admission and retention provisions of this part and does
9not agree to stay in the hospital as a voluntary or
10informal patient, he shall be released.

11(v)  Failure to comply with an order of assisted
12outpatient treatment shall not be grounds for involuntary
13civil commitment or a finding of contempt of court.

14(l)  False petition.--A person making a false statement or
15providing false information or false testimony in a petition or
16hearing under this section is subject to criminal prosecution
17pursuant to 18 Pa.C.S. § 4903 (relating to false swearing).

18(m)  Construction.--Nothing in this section shall be
19construed to affect the ability of the director of a hospital to
20receive, admit or retain patients who otherwise meet the
21provisions of this part regarding receipt, retention or
22admission.

23(n)  Educational materials.--The department, in consultation 
24with the county administrator, shall prepare educational and 
25training materials on this section, which shall be made 
26available to county providers of services, judges, court 
27personnel, law enforcement officials and the general public.

28CHAPTER 34

29DETERMINATIONS AFFECTING THOSE CHARGED

30WITH CRIME OR UNDER SENTENCE

1Sec.

23401.  Examination and treatment of person charged with crime or
3serving sentence.

43402. Incompetence to proceed on criminal charges.

53403. Incompetency hearing procedures and effect; dismissal of
6charges.

73404.  Determination of criminal responsibility.

83405.  Examination of person charged with crime in aid of
9sentencing.

103406.  Application for court-ordered involuntary treatment.

113407. Voluntary treatment for person charged with crime or
12serving sentence.

13§ 3401.  Examination and treatment of person charged with crime
14or serving sentence.

15(a)  Persons subject to civil provisions.--If a person who is
16charged with a crime or serving a sentence is or becomes
17mentally disabled, proceedings may be instituted under Chapter
1832 (relating to voluntary inpatient examination and treatment)
19or 33 (relating to involuntary examination and treatment),
20except that the proceedings shall not affect the conditions of
21security required by the person's criminal detention or
22incarceration.

23(b)  Persons in United States Department of Veterans Affairs 
24facilities.--Proceedings under this section shall not be 
25initiated for examination and treatment at a United States 
26Department of Veterans Affairs facility if either of the 
27following apply:

28(1)  The examination and treatment requires the
29preparation of competency reports.

30(2)  The facility is required to maintain custody and

1control over the person.

2(c)  Transfer for examination and treatment.--A person who is 
3detained on criminal charges or incarcerated and made subject to 
4inpatient examination or treatment shall be transferred to a 
5mental health facility for that purpose. Transfer may be made to 
6a United States Department of Veterans Affairs facility if 
7custody or control is not required in addition to examination 
8and treatment. Individuals transferred to a United States 
9Department of Veterans Affairs facility are not subject to 
10return by the agency to the authority entitled to have them in 
11custody.

12(d)  Security provisions.--The following shall apply:

13(1) During the period of examination and treatment,
14provisions for the person's security shall continue to be
15enforced, unless any of the following occurs in the interim:

16(i)  A pretrial release is effected.

17(ii)  The term of imprisonment expires or is
18terminated.

19(iii)  It is otherwise ordered by the court having
20jurisdiction over the person's criminal status.

21(2)  In those instances where a person is charged with
22offenses listed in section 3304(g)(2) (relating to court-
23ordered involuntary treatment) and the court, after the
24hearing, deems it desirable, security equivalent to the
25institution to which the person is incarcerated shall be
26provided.

27(e)  Effect of discharge.--Upon discharge from treatment, a
28person who is or remains subject to a detainer or sentence shall
29be returned to the authority entitled to have the person in
30custody. The period of involuntary treatment shall be credited

1as time served on account of any sentence to be imposed on
2pending charges or an unexpired term of imprisonment.

3(f)  Persons subject to Juvenile Act.--The provisions of 
4Chapter 33 (relating to involuntary examination and treatment) 
5which are applicable to children of the person's age shall apply 
6to all proceedings for examination and treatment of a person who 
7is subject to a petition or who has been committed under 42 
8Pa.C.S. Ch. 63 (relating to juvenile matters). If such a person 
9is in detention or is committed, the court having jurisdiction 
10under 42 Pa.C.S. Ch. 63 shall determine whether the security 
11conditions shall continue to be enforced during any period of 
12involuntary treatment and to whom the person should be released 
13thereafter.

14§ 3402.  Incompetence to proceed on criminal charges.

15(a)  Person incompetent but not severely mentally disabled.--
16Notwithstanding the provisions of Chapter 33 (relating to
17involuntary examination and treatment), a court may order
18involuntary treatment of a person found incompetent to proceed
19on criminal charges who is not severely mentally disabled
20subject to the following:

21(1)  The involuntary treatment shall not exceed 60 days.

22(2)  Involuntary treatment pursuant to this subsection
23may be ordered only if the court is reasonably certain that
24the involuntary treatment will provide the defendant with the
25capacity to proceed on criminal charges.

26(3)  The court may order outpatient treatment, partial
27hospitalization or inpatient treatment.

28(b)  Application for incompetency examination.--Application
29to the court for an order directing an incompetency examination
30may be presented by any of the following:

1(1)  An attorney for the Commonwealth.

2(2)  A person charged with a crime.

3(3)  Counsel to a person charged with a crime.

4(4)  The warden or other official in charge of the
5institution or place in which the person is detained.

6(c)  Hearing.--The following shall apply:

7(1)  The court, either upon an application under 
8subsection (b) or on its own motion, may order an 
9incompetency examination at any stage in the proceedings and 
10may do so without a hearing unless the person charged with a 
11crime or the person's counsel objects to the examination.

12(2)  If the person or the person's counsel objects to the
13examination, an examination shall be ordered only after
14determination at a hearing that there is a prima facie
15question of incompetency.

16(d)  Conduct of examination; report.--When the court orders
17an incompetency examination:

18(1)  The examination shall be conducted:

19(i)  as an outpatient examination unless an inpatient
20examination is, or has been, authorized under another
21provision of this part; and

22(ii)  by at least one licensed psychiatrist or
23licensed psychologist and may relate both to competency
24to proceed on criminal charges and to criminal
25responsibility for the crime charged.

26(2)  The person shall be entitled to have counsel present
27and may not be required to answer any questions or to perform
28tests unless the person has moved for or agreed to the
29examination. Nothing said or done by the person during the
30examination may be used as evidence against the person in any

1criminal proceedings on any issue other than that of the
2person's mental condition.

3(3)  A report shall be submitted to the court and counsel
4for the person and shall contain a description of the
5examination, which shall include all of the following:

6(i)  Diagnosis of the person's mental condition.

7(ii)  An opinion as to the person's capacity to
8understand the nature and object of the criminal
9proceedings against the person and to assist in the
10person's own defense.

11(iii)  When so requested, an opinion as to the
12person's mental condition in relation to the standards
13for criminal responsibility as then provided by law if it
14appears that the facts concerning the person's mental
15condition may also be relevant to the question of legal
16responsibility.

17(iv)  When so requested, an opinion as to whether the
18person had the capacity to have a particular state of
19mind, where such state of mind is a required element of
20the criminal charge.

21(e)  Experts.--The court may allow a licensed psychiatrist or
22licensed psychologist retained by the person and a licensed
23psychiatrist or licensed psychologist retained by the
24Commonwealth to witness and participate in the examination of
25the person. Whenever a person who is financially unable to
26retain such expert has a substantial objection to the
27conclusions reached by the court-appointed licensed psychiatrist
28or licensed psychologist, the court shall allow reasonable
29compensation for the employment of a licensed psychiatrist or
30licensed psychologist of the person's selection, which amount

1shall be chargeable against the mental health and intellectual
2disability program of the locality.

3(f)  Time limit on determination.--The determination of the
4competency of a person who is detained under a criminal charge
5shall be rendered by the court within 20 days after the receipt
6of the report of examination unless the hearing was continued at
7the person's request.

8§ 3403.  Incompetency hearing procedures and effect and
9dismissal of charges.

10(a)  Standard and burden of proof.--Except for an 
11incompetency examination ordered by the court on its own motion 
12as provided for in section 3402(c) (relating to incompetence to 
13proceed on criminal charges), the individual making an 
14application to the court for an order directing an incompetency 
15examination shall have the burden of establishing incompetency 
16to proceed by a preponderance of the evidence. Upon completion 
17of the examination, a determination of incompetency shall be 
18made by the court where incompetency is established by a 
19preponderance of the evidence.

20(b)  Stay of proceedings.--A determination of incompetency to
21proceed on criminal charges shall effect a stay of the
22prosecution for so long as the incompetency persists, subject to
23the following exceptions:

24(1)  Any legal objections suitable for determination
25prior to trial and without the personal participation of the
26person charged may be raised and decided in the interim.

27(2)  Except in cases of first and second degree murder,
28in no instance shall the proceedings be stayed for a period
29in excess of the maximum sentence of confinement that may be
30imposed for any crime charged or ten years, whichever is

1less.

2(3)  In cases of a charge of first or second degree
3murder, there shall be no limit on the period during which
4proceedings may be stayed.

5(c) Right to counsel.--A person who is determined to be
6incompetent to proceed on criminal charges shall have a
7continuing right to counsel so long as the criminal charges are
8pending.

9(d)  Periodic reexamination.--Following a determination of
10incompetence to proceed on criminal charges, the person charged
11shall be reexamined not less than every 90 days by a licensed
12psychiatrist appointed by the court. A report of reexamination
13shall be submitted to the court and counsel for the person.

14(e)  Effect on criminal detention.--A determination that a
15person is incompetent to proceed on criminal charges shall
16affect criminal detention as follows:

17(1)  Incompetency to proceed on criminal charges is not
18sufficient reason on its own to deny the person pretrial
19release.

20(2)  The person shall not be detained on the criminal
21charge longer than the reasonable period of time necessary to
22determine whether there is a substantial probability that the
23person will attain competency in the foreseeable future.

24(3)  If the court determines there is no substantial
25probability that the person will attain competency, it shall
26discharge the person.

27(4)  A person may continue to be criminally detained so
28long as such substantial probability exists that the person
29will attain competency, but in no event longer than the
30period of time specified in subsection (b).

1(f)  Resumption of proceedings or dismissal.--When the court,
2on its own motion or upon the application of the attorney for
3the Commonwealth or counsel for the person, determines that the
4person has regained his competency to proceed on criminal
5charges, the proceedings shall be resumed. If the court is of
6the opinion that by reason of the passage of time and its effect
7upon the criminal proceedings it would be unjust to resume the
8prosecution, the court may dismiss the charge and order the
9person discharged.

10(g)  Reexamination following discharge.--If the person is
11discharged pursuant to subsection (e), but the charges remain
12open pursuant to subsection (b)(2) and (3), the following shall
13apply:

14(1)  The court discharging the person shall, on its own
15motion or on the motion of the Commonwealth or on the motion
16of the defense, order the person to submit to a psychiatric
17examination every 12 months after the discharge of the
18person, to determine whether the person has become competent
19to proceed to trial.

20(2)  If the examination under paragraph (1) reveals that
21the person has regained competency to proceed, a hearing
22shall be scheduled, after which the court shall determine
23whether the person is competent to proceed on criminal
24charges.

25(3)  If the person is adjudged competent, then trial
26shall commence within 90 days of the adjudication.

27(4)  If the examination under paragraph (1) reveals that
28the person is incompetent to proceed, the court shall order
29the person to submit to a new competency examination in 12
30months.

1§ 3404.  Determination of criminal responsibility.

2(a)  Criminal responsibility determination by court.--At a 
3hearing under section 3403 (relating to incompetence hearing 
4procedures and effect and dismissal of charges) the court may 
5also hear evidence on whether the person was criminally 
6responsible for the commission of the crime charged, in 
7accordance with the rules governing the consideration and 
8determination of the same issue at criminal trial. If the person 
9is found to have lacked criminal responsibility, an acquittal 
10shall be entered. If the person is not so acquitted, the person 
11may raise the defense at such time as the person may be tried.

12(b)  Opinion evidence on mental condition.--At a hearing
13under section 3403 or upon trial, a licensed psychiatrist or
14licensed psychologist appointed by the court may be called as a
15witness by the attorney for the Commonwealth or by the
16defense. Each party may also summon any other licensed
17psychiatrist or licensed psychologist or other expert to
18testify.

19(c)  Bifurcation of issues or trial.--Upon trial and in the
20interest of justice, the court may direct that the issue of
21criminal responsibility be heard and determined separately from
22the other issues in the case and, in a trial by jury, that the
23issue of criminal responsibility be submitted to a separate
24jury. Upon a request for bifurcation, the court shall consider
25the substantiality of the defense of lack of responsibility, its
26effect upon other defenses and the probability of a fair trial.

27§ 3405.  Examination of person charged with crime in aid of
28sentencing.

29(a)  Examination before sentencing.--If a person who has been
30criminally charged is to be sentenced, the court may defer

1sentence and order the person to be examined for mental illness
2to aid in the determination of disposition.

3(b)  Application for examination.--The action under
4subsection (a) may be taken on the court's initiative or on the
5application of the attorney for the Commonwealth, the person
6charged, the person's counsel or any other person acting in the
7person's interest.

8(c)  Type of examination,.--If at the time of sentencing the
9person is not in detention, examination shall be on an
10outpatient basis unless inpatient examination for this purpose
11is ordered pursuant to Chapter 33 (relating to involuntary
12examination and treatment).

13§ 3406.  Application for court-order involuntary treatment.

14The attorney for the Commonwealth, the defendant, the
15defendant's counsel, the county administrator or any other
16interested party may petition the same court for an order
17directing involuntary treatment under section 3304 (relating to
18court-ordered involuntary treatment) after the occurrence of any
19of the following:

20(1)  A finding of incompetency to proceed on criminal
21charges under section 3403 (relating to incompetency hearing
22procedures and effect and dismissal of charges).

23(2)  An acquittal by reason of lack of criminal
24responsibility under section 3404 (relating to determination
25of criminal responsibility).

26(3)  An examination in aid of sentencing under section
273405 (relating to examination of person charged with crime
28in aid of sentencing).

29§ 3407.  Voluntary treatment of person charged with crime or
30serving sentence.

1(a)  Certification of need.--Whether in lieu of bail or
2serving a sentence, a person in criminal detention who believes
3that the person is in need of treatment and substantially
4understands the nature of voluntary treatment may submit to
5examination and treatment under this part, subject to the
6following certification requirements:

7(1)  At least one physician shall certify the necessity
8of treatment and that treatment cannot be adequately provided
9at the prison or correctional facility where the person then
10is detained.

11(2)  The physician's certificate shall set forth the
12specific grounds that make transfer to a mental health
13facility necessary.

14(3)  The correctional facility shall secure a written
15acceptance of the person for inpatient treatment from the
16mental health facility and shall forward the acceptance to
17the court.

18(b)  Independent examination.--Before any inmate of a prison
19or correctional facility may be transferred to a mental health
20facility for the purpose of examination and treatment, the
21correctional facility shall notify the district attorney, who
22shall be given up to 14 days after receipt of notification to
23conduct an independent examination of the defendant.

24(c)  Court review and approval.--The court shall review the
25certification of the physician that the transfer is necessary
26and the recommendation of the physician for the Commonwealth and
27either approve or disapprove the transfer, subject to subsection
28(d) and the following conditions:

29(1)  The court may request any other information it needs
30concerning the necessity of the transfer.

1(2)  Where possible, the sentencing judge shall preside.

2(d)  Hearing.--Upon the motion of the district attorney, a
3hearing shall be held on the question of the voluntary treatment
4of a person charged with a crime or serving a sentence.

5(e)  Reports.--A report of the person's mental condition
6shall be made by the mental health facility to the court within
730 days of the person's transfer to the facility. The report
8shall also set forth the specific grounds which require
9continued treatment at a mental health facility. After the
10initial report, the facility shall thereafter report to the
11court every 180 days.

12(f)  Withdrawal from treatment.--If, at any time, the person
13gives notice of intent to withdraw from treatment at the mental
14health facility, the person shall be returned to the authority
15entitled to have the person in custody, or proceedings may be
16initiated under section 3304 (relating to court-ordered
17involuntary treatment). During the pendency of any petition
18filed under section 3304 concerning a person in treatment under
19this section, the mental health facility shall have authority to
20detain the person regardless of the provisions of section 3203
21(relating to explanation and consent), provided that the hearing
22under section 3304 is conducted within seven days of the time
23the person gives notice of his intent to withdraw from
24treatment.

25(g)  Time served.--The period of voluntary treatment under
26this section shall be credited as time served on account of any
27sentence to be imposed on pending charges or an unexpired term
28of imprisonment.

29Section 2.  Sections 6105(c)(4), 6109(i.1) and 6111.1(f), (g)
30and (k) of Title 18 are amended to read:

1§ 6105. Persons not to possess, use, manufacture, control, sell
2or transfer firearms.

3* * *

4(c) Other persons.--In addition to any person who has been
5convicted of any offense listed under subsection (b), the
6following persons shall be subject to the prohibition of
7subsection (a):

8* * *

9(4) A person who has been adjudicated as an incompetent
10or who has been involuntarily committed to a mental
11institution for inpatient care and treatment under [section
12302, 303 or 304 of the provisions of the act of July 9, 1976
13(P.L.817, No.143), known as the Mental Health Procedures
14Act.] 50 Pa.C.S. § 3302 (relating to involuntary emergency 
15examination and treatment), 3303 (relating to extended 
16involuntary emergency treatment), or 3304 (relating to court-
17ordered involuntary treatment). This paragraph shall not
18apply to any proceeding under [section 302 of the Mental
19Health Procedures Act] 50 Pa.C.S. § 3302 unless the examining
20physician has issued a certification that inpatient care was
21necessary or that the person was committable.

22* * *

23§ 6109. Licenses.

24* * *

25(i.1) Notice to sheriff.--Notwithstanding any statute to the
26contrary:

27(1) Upon conviction of a person for a crime specified in
28section 6105(a) or (b) or upon conviction of a person for a
29crime punishable by imprisonment exceeding one year or upon a
30determination that the conduct of a person meets the criteria

1specified in section 6105(c)(1), (2), (3), (5), (6) or (9),
2the court shall determine if the defendant has a license to
3carry firearms issued pursuant to this section. If the
4defendant has such a license, the court shall notify the
5sheriff of the county in which that person resides, on a form
6developed by the Pennsylvania State Police, of the identity
7of the person and the nature of the crime or conduct which
8resulted in the notification. The notification shall be
9transmitted by the judge within seven days of the conviction
10or determination.

11(2) Upon adjudication that a person is incompetent or 
12upon the involuntary commitment of a person to a mental 
13institution for inpatient care and treatment under [the act 
14of July 9, 1976 (P.L.817, No.143), known as the Mental Health 
15Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health 
16procedures), or upon involuntary treatment of a person as 
17described under section 6105(c)(4), the judge of the court of 
18common pleas, mental health review officer or county mental 
19health and mental retardation administrator shall notify the 
20sheriff of the county in which that person resides, on a form 
21developed by the Pennsylvania State Police, of the identity 
22of the person who has been adjudicated, committed or treated 
23and the nature of the adjudication, commitment or treatment. 
24The notification shall be transmitted by the judge, mental 
25health review officer or county mental health and mental 
26retardation administrator within seven days of the 
27adjudication, commitment or treatment.

28* * *

29§ 6111.1. Pennsylvania State Police.

30* * *

1(f) Notification of mental health adjudication, treatment,
2commitment, drug use or addiction.--

3(1) Notwithstanding any statute to the contrary, judges
4of the courts of common pleas shall notify the Pennsylvania
5State Police, on a form developed by the Pennsylvania State
6Police, of:

7(i) the identity of any individual who has been 
8adjudicated as an incompetent or as a mental defective or 
9who has been involuntarily committed to a mental 
10institution under the [act of July 9, 1976 (P.L.817, 
11No.143), known as the Mental Health Procedures Act] 50 
12Pa.C.S. Pt. III (relating to mental health procedures), 
13or who has been involuntarily treated as described in 
14section 6105(c)(4) (relating to persons not to possess, 
15use, manufacture, control, sell or transfer firearms) or 
16as described in 18 U.S.C. § 922(g)(4) (relating to 
17unlawful acts) and its implementing Federal regulations; 
18and

19(ii) any finding of fact or court order related to
20any person described in 18 U.S.C. § 922(g)(3).

21(2) The notification shall be transmitted by the judge
22to the Pennsylvania State Police within seven days of the
23adjudication, commitment or treatment.

24(3) Notwithstanding any law to the contrary, the
25Pennsylvania State Police may disclose, electronically or
26otherwise, to the United States Attorney General or a
27designee, any record relevant to a determination of whether a
28person is disqualified from possessing or receiving a firearm
29under 18 U.S.C. § 922 (g)(3) or (4) or an applicable state
30statute.

1(g) Review by court.--

2(1) Upon receipt of a copy of the order of a court of
3competent jurisdiction which vacates a final order or an
4involuntary certification issued by a mental health review
5officer, the Pennsylvania State Police shall expunge all
6records of the involuntary treatment received under
7subsection (f).

8(2) A person who is involuntarily committed pursuant to
9[section 302 of the Mental Health Procedures Act] 50 Pa.C.S. 
10§ 3302 (relating to involuntary emergency examination and 
11treatment) may petition the court to review the sufficiency
12of the evidence upon which the commitment was based. If the
13court determines that the evidence upon which the involuntary
14commitment was based was insufficient, the court shall order
15that the record of the commitment submitted to the
16Pennsylvania State Police be expunged. A petition filed under
17this subsection shall toll the 60-day period set forth under
18section 6105(a)(2).

19(3) The Pennsylvania State Police shall expunge all
20records of an involuntary commitment of an individual who is
21discharged from a mental health facility based upon the
22initial review by the physician occurring within two hours of
23arrival under [section 302(b) of the Mental Health Procedures
24Act] 50 Pa.C.S. § 3302(b) and the physician's determination
25that no severe mental disability existed pursuant to [section
26302(b) of the Mental Health Procedures Act] 50 Pa.C.S. § 
273302(b). The physician shall provide signed confirmation of
28the determination of the lack of severe mental disability
29following the initial examination under [section 302(b) of
30the Mental Health Procedures Act] 50 Pa.C.S. § 3302(b) to the

1Pennsylvania State Police.

2* * *

3(k) Definitions.--As used in this section, the following
4words and phrases shall have the meanings given to them in this
5subsection:

6"Firearm." The term shall have the same meaning as in
7section 6111.2 (relating to firearm sales surcharge).

8"Physician." Any licensed psychiatrist, or clinical
9psychologist as defined in [the act of July 9, 1976 (P.L.817,
10No.143), known as the Mental Health Procedures Act] 50 Pa.C.S. 
11Pt. III (relating to mental health procedures).

12Section 3.  Sections 5463(f), 5822(a), 5825(b), 5826(b),
135832(a), 5839(b) and 5843(a) and (b) of Title 20 are amended to
14read:

15§ 5463. Effect on other State law.

16* * *

17(f) Disclosure.--The disclosure requirements of section
185456(d) (relating to authority of health care agent) supersede
19any provision in any other State statute or regulation that
20requires the principal to consent to disclosure or which
21otherwise conflicts with section 5456(d), including, but not
22limited to, the following:

23(1) Section 8 of the act of April 14, 1972 (P.L.221, 
24No.63), known as the Pennsylvania Drug and Alcohol Abuse
25Control Act.

26(2) [Section 111 of the act of July 9, 1976 (P.L.817, 
27No.143), known as the Mental Health Procedures Act.] 50 
28Pa.C.S. §§ 3113 (relating to confidentiality of records) and 
293116(c) (relating to reporting requirements for firearms 
30background checks).

1(3) Section 15 of the act of October 5, 1978 (P.L.1109, 
2No.261), known as the Osteopathic Medical Practice Act.

3(4) Section 41 of the act of December 20, 1985 (P.L.457, 
4No.112), known as the Medical Practice Act of 1985.

5(5) Section 7 of the act of November 29, 1990 (P.L.585, 
6No.148), known as the Confidentiality of HIV-Related
7Information Act.

8§ 5822. Execution.

9(a) Who may make.--An individual who is at least 18 years of 
10age or an emancipated minor and has not been deemed 
11incapacitated pursuant to section 5511 (relating to petition and 
12hearing; independent evaluation) or severely mentally disabled 
13pursuant to [Article III of the act of July 9, 1976 (P.L.817, 
14No.143), known as the Mental Health Procedures Act] 50 Pa.C.S. 
15Ch. 33 (relating to involuntary examination and treatment), may 
16make a declaration governing the initiation, continuation, 
17withholding or withdrawal of mental health treatment.

18* * *

19§ 5825. Revocation.

20* * *

21(b) Capacity to revoke.--Subsection (a) notwithstanding, 
22during a period of involuntary commitment pursuant to [Article 
23III of the act of July 9, 1976 (P.L.817, No.143), known as the 
24Mental Health Procedures Act] 50 Pa.C.S. Ch. 33 (relating to 
25involuntary examination and treatment), a declarant may revoke 
26the declaration only if found to be capable of making mental 
27health decisions after examination by a psychiatrist and one of 
28the following: another psychiatrist, a psychologist, a family 
29physician, an attending physician or a mental health treatment 
30professional. Whenever possible, at least one of the decision
 

1makers shall be a treating professional of the declarant or 
2principal.

3* * *

4§ 5826. Amendment.

5* * *

6(b) Determination of capacity.--During the period of 
7involuntary treatment pursuant to [Article III of the act of 
8July 9, 1976 (P.L.817, No.143), known as the Mental Health 
9Procedures Act] 50 Pa.C.S. Ch. 33 (relating to involuntary 
10examination and treatment), a declarant may amend the 
11declaration if the individual is found to be capable of making 
12mental health decisions after examination by a psychiatrist and 
13one of the following: another psychiatrist, a psychologist, 
14family physician, attending physician or mental health treatment 
15professional. Whenever possible, at least one of the decision 
16makers shall be a treating professional of the declarant or 
17principal.

18§ 5832. Execution.

19(a) Who may make.--An individual who is at least 18 years of 
20age or an emancipated minor and who has not been deemed 
21incapacitated pursuant to section 5511 (relating to petition and 
22hearing; independent evaluation) or found to be severely 
23mentally disabled pursuant to [Article III of the act of July 9, 
241976 (P.L.817, No.143), known as the Mental Health Procedures 
25Act] 50 Pa.C.S. Ch. 33 (relating to involuntary examination and 
26treatment), may make a mental health power of attorney governing 
27the initiation, continuation, withholding or withdrawal of 
28mental health treatment.

29* * *

30§ 5839. Revocation.

1* * *

2(b) Capacity to revoke.--Notwithstanding subsection (a), 
3during a period of involuntary commitment pursuant to [Article 
4III of the act of July 9, 1976 (P.L.817, No.143), known as the 
5Mental Health Procedures Act] 50 Pa.C.S. Ch. 33 (relating to 
6involuntary examination and treatment), a principal may revoke 
7the mental health power of attorney only if found to be capable 
8of making mental health decisions after examination by a 
9psychiatrist and one of the following: another psychiatrist, a 
10psychologist, a family physician, an attending physician or a 
11mental health treatment professional. Whenever possible, at 
12least one of the decision makers shall be a treating 
13professional of the declarant or principal.

14* * *

15§ 5843. Construction.

16(a) General rule.--Nothing in this subchapter shall be
17construed to:

18(1) Affect the requirements of other laws of this
19Commonwealth regarding consent to observation, diagnosis,
20treatment or hospitalization for a mental illness.

21(2) Authorize a mental health care agent to consent to
22any mental health care prohibited by the laws of this
23Commonwealth.

24(3) Affect the laws of this Commonwealth regarding any
25of the following:

26(i) The standard of care of a mental health care
27provider required in the administration of mental health
28care or the clinical decision-making authority of the
29mental health care provider.

30(ii) When consent is required for mental health

1care.

2(iii) Informed consent for mental health care.

3(4) Affect the ability to admit a person to a mental 
4health facility under the voluntary and involuntary 
5commitment provisions of [the act of July 9, 1976 (P.L.817, 
6No.143), known as the Mental Health Procedures Act] 50 
7Pa.C.S. Pt. III (relating to mental health procedures).

8(b) Disclosure.--

9(1) The disclosure requirements of section 5836(e)
10(relating to authority of mental health care agent) shall
11supersede any provision in any other State statute or
12regulation that requires a principal to consent to disclosure
13or which otherwise conflicts with section 5836(e), including,
14but not limited to, the following:

15(i) The act of April 14, 1972 (P.L.221, No.63),
16known as the Pennsylvania Drug and Alcohol Abuse Control
17Act.

18(ii) [Section 111 of the act of July 9, 1976 
19(P.L.817, No.143), known as the Mental Health Procedures
20Act.] 50 Pa.C.S. §§ 3113 (relating to confidentiality of 
21records) and 3116(c) (relating to reporting requirements  
22for firearms background checks).

23(iii) The act of October 5, 1978 (P.L.1109, No.261),
24known as the Osteopathic Medical Practice Act.

25(iv) Section 41 of the act of December 20, 1985 
26(P.L.457, No.112), known as the Medical Practice Act of
271985.

28(v) The act of November 29, 1990 (P.L.585, No.148),
29known as the Confidentiality of HIV-Related Information
30Act.

1(2) The disclosure requirements under section 5836(e)
2shall not apply to the extent that the disclosure would be
3prohibited by Federal law and implementing regulations.

4* * *

5Section 4.  Section 5336(b) of Title 23 is amended to read:

6§ 5336. Access to records and information.

7* * *

8(b) Nondisclosure of confidential information.--The court
9shall not order the disclosure of any of the following
10information to any parent or party granted custody:

11(1) The address of a victim of abuse.

12(2) Confidential information from an abuse counselor or
13shelter.

14(3) Information protected under Chapter 67 (relating to
15domestic and sexual violence victim address confidentiality).

16(4) Information independently protected from disclosure 
17by the child's right to confidentiality under [the act of 
18July 9, 1976 (P.L.817, No.143), known as the Mental Health 
19Procedures Act] 50 Pa.C.S. Pt. III (relating to mental health 
20procedures), or any other statute.

21* * *

22Section 5.  Sections 6356 and 9727 of Title 42 are amended to
23read:

24§ 6356. Disposition of mentally ill or mentally retarded child.

25If, at a dispositional hearing of a child found to be a 
26delinquent or at any hearing, the evidence indicates that the 
27child may be subject to commitment or detention under the 
28provisions of the act of October 20, 1966 (3rd Sp.Sess., P.L.96, 
29No.6), known as the ["]Mental Health and [Mental Retardation] 
30Intellectual Disability Act of 1966,["] or [the act of July 9,
 

11976 (P.L.817, No.143), known as the "Mental Health Procedures 
2Act,"] 50 Pa.C.S. Pt. III (relating to mental health 
3procedures), the court shall proceed under the provisions of the 
4appropriate statute.

5§ 9727. Disposition of persons found guilty but mentally ill.

6(a) Imposition of sentence.--A defendant found guilty but 
7mentally ill or whose plea of guilty but mentally ill is 
8accepted under the provisions of 18 Pa.C.S. § 314 (relating to 
9guilty but mentally ill) may have any sentence imposed on him 
10which may lawfully be imposed on any defendant convicted of the 
11same offense. Before imposing sentence, the court shall hear 
12testimony and make a finding on the issue of whether the 
13defendant at the time of sentencing is severely mentally 
14disabled and in need of treatment pursuant to the provisions of 
15[the act of July 9, 1976 (P.L.817, No.143), known as the "Mental 
16Health Procedures Act."] 50 Pa.C.S. Pt. III (relating to mental 
17health procedures).

18(b) Treatment.--

19(1) An offender who is severely mentally disabled and in 
20need of treatment at the time of sentencing shall, consistent 
21with available resources, be provided such treatment as is 
22psychiatrically or psychologically indicated for his mental 
23illness. Treatment may be provided by the Bureau of 
24Correction, by the county or by the Department of Public 
25Welfare in accordance with the ["Mental Health Procedures 
26Act."] 50 Pa.C.S. Pt. III.

27(2) The cost for treatment of offenders found guilty but
28mentally ill, committed to the custody of the Bureau of
29Correction and transferred to a mental health facility, shall
30be borne by the Commonwealth.

1* * *

2Section 6.  Section 1101(a) of Title 61 is amended to read:

3§ 1101. Benefits to injured employees of State correctional
4institutions.

5(a) General rule.--An employee of a State correctional 
6institution who is injured during the course of that employment 
7by an act of an inmate or by any person who has been committed 
8to the State correctional institution by any court of the 
9Commonwealth or by any provision of [the act of July 9, 1976 
10(P.L.817, No.143), known as the Mental Health Procedures Act] 50 
11Pa.C.S. Pt. III (relating to mental health procedures), shall be 
12paid by the Commonwealth the employee's full salary until the 
13disability arising from the injury no longer prevents the 
14employee's return as an employee of the department at a salary 
15equal to that earned by the employee at the time of the injury.

16* * *

17Section 7.  The addition of 50 Pa.C.S. Pt. III is a 
18continuation of the act of July 9, 1976 (P.L.817, No.143) known 
19as the Mental Health Procedures Act. The following apply:

20(1)  Except as otherwise provided in 50 Pa.C.S. Pt. III,
21all activities initiated under the Mental Health Procedures
22Act shall continue and remain in full force and effect and
23may be completed under 50 Pa.C.S. Pt. III. Resolutions,
24orders, regulations, rules and decisions which were made
25under the Mental Health Procedures Act and which are in
26effect on the effective date of this section shall remain in
27full force and effect until revoked, vacated or modified
28under 50 Pa.C.S. Pt. III. Contracts, obligations and
29agreements entered into under the Mental Health Procedures
30Act are not affected nor impaired by the repeal of the Mental

1Health Procedures Act.

2(2)  A reference in any other act or regulation to the
3Mental Health Procedures Act shall be deemed to be a
4reference to 50 Pa.C.S. Pt. III (relating to mental health
5procedures).

6Section 8.  Repeals are as follows:

7(1)  The General Assembly finds that the repeal under
8paragraph (2) is necessary to effectuate this act.

9(2)  The act of July 9, 1976 (P.L.817, No.143), known as
10the Mental Health Procedures Act, is repealed.

11Section 9.  This act shall take effect in 60 days.