PRINTER'S NO. 751
No. 679 Session of 1997
INTRODUCED BY VANCE, KENNEY, TRUE, BUXTON, NAILOR, NICKOL,
OLIVER, YOUNGBLOOD, MILLER, HENNESSEY, MARKOSEK, FLEAGLE,
SATHER, DEMPSEY, WAUGH, FARGO, LEDERER, BELARDI, GORDNER,
STURLA, COY, KAISER, BROWN, L. I. COHEN, BARLEY, HALUSKA,
MASLAND, TULLI, BATTISTO, MARSICO, RUBLEY, EGOLF,
D. W. SNYDER, PLATTS, MELIO, LAUGHLIN, McCALL, LYNCH, THOMAS,
BARD, STEELMAN, TRELLO, BROWNE, MAITLAND, ROEBUCK, JAROLIN,
B. SMITH, McNAUGHTON, STABACK, TIGUE, CORNELL, RAYMOND,
SCRIMENTI, E. Z. TAYLOR, BAKER, BEBKO-JONES, SURRA, GANNON,
J. TAYLOR, SCHRODER, DeLUCA, FEESE, HUTCHINSON, CIVERA,
BOSCOLA, BENNINGHOFF, SAYLOR, BELFANTI, ROBERTS, ROSS,
DiGIROLAMO, SEYFERT, JAMES, GEIST, C. WILLIAMS, STETLER AND
GLADECK, MARCH 6, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 6, 1997
AN ACT
1 Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2 as amended, "An act establishing the Pennsylvania Advisory
3 Council on Drug and Alcohol Abuse; imposing duties on the
4 Department of Health to develop and coordinate the
5 implementation of a comprehensive health, education and
6 rehabilitation program for the prevention and treatment of
7 drug and alcohol abuse and drug and alcohol dependence;
8 providing for emergency medical treatment; providing for
9 treatment and rehabilitation alternatives to the criminal
10 process for drug and alcohol dependence; and making repeals,"
11 adding a definition; providing for commitment of minors; and
12 further providing for financial obligation.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 2(b) of the act of April 14, 1972
16 (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
17 Abuse Control Act, is amended by adding a definition to read:
1 Section 2. Definitions:
2 * * *
3 (b) As used in this act:
4 * * *
5 "Minor" means any person eighteen years of age or younger.
6 * * *
7 Section 2. Sections 5 and 12 of the act are amended to read:
8 Section 5. Admissions and Commitments.--[Admissions] Except
9 as provided in section 12.1 of this act, admissions and
10 commitments to treatment facilities may be made according to the
11 procedural admission and commitment provisions of the act of
12 [October 20, 1966 (P.L.96), known as the "Mental Health and
13 Mental Retardation Act of 1966."] July 9, 1976 (P.L.817,
14 No.143), known as the "Mental Health Procedures Act."
15 Section 12. [Consent of Minor] Parental Notification of
16 Diagnosis, Treatment or Counseling of Minor.--Notwithstanding
17 any other provisions of law, a minor who suffers from the use of
18 a controlled or harmful substance may give consent to furnishing
19 of medical care or counseling related to diagnosis or treatment.
20 The consent of the parents or legal guardian of the minor shall
21 not be necessary to authorize medical care or counseling related
22 to such diagnosis or treatment. [The consent of the minor shall
23 be valid and binding as if the minor had achieved his majority.
24 Such consent shall not be voidable nor subject to later
25 disaffirmance because of minority. Any physician or any agency
26 or organization operating a drug abuse program, who provides
27 counseling to a minor who uses any controlled or harmful
28 substance may, but shall not be obligated to inform the parents
29 or legal guardian of any such minor as to the treatment given or
30 needed.] Any physician, agency or organization operating a drug
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1 abuse program that provides counseling or furnishes medical care
2 to a minor who uses any controlled or harmful substance shall be
3 obligated to inform the single county authority of the county in
4 which the physician, agency or organization operating a drug
5 abuse program provides the minor with counseling or medical
6 care. The single county authority shall be responsible for
7 informing the parent or legal guardian of any such minor as to
8 the treatment given or needed. Exemptions to this section shall
9 be granted by the single county authority if the minor can
10 present evidence that the parent or legal guardian of the minor:
11 (1) will refuse to allow the minor to live in the same
12 residence if disclosure is made regarding counseling or medical
13 care received from a physician, agency or organization operating
14 a drug abuse program;
15 (2) has emotionally or physically abused the minor or poses
16 an emotional or physical threat to the minor if disclosure is
17 made regarding counseling or medical care received from a
18 physician, agency or organization operating a drug abuse
19 program; or
20 (3) has exhibited neglect of the minor.
21 Section 3. The act is amended by adding a section to read:
22 Section 12.1. Commitment of Minors.--(a) A parent or legal
23 guardian who has legal or physical custody of a minor may
24 petition the court of common pleas of the judicial district
25 where the minor is domiciled for commitment of the minor to
26 involuntary drug and alcohol treatment services, including
27 inpatient services if the minor is incapable of accepting or
28 unwilling to accept voluntary treatment.
29 (b) Upon petition pursuant to subsection (a), the court
30 shall appoint counsel for the minor. A minor who is alleged to
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1 have a dependency on drugs or alcohol shall be ordered to
2 undergo a drug and alcohol assessment performed by a
3 psychiatrist, a licensed psychologist with specific training in
4 drug and alcohol assessment and treatment, a certified addiction
5 counselor or an individual certified by the Commonwealth to
6 perform drug and alcohol assessment. The court shall hear the
7 testimony of the persons under this subsection at the hearing on
8 the petition for involuntary commitment.
9 (c) The court may order the minor committed to involuntary
10 drug and alcohol treatment, including inpatient services for up
11 to ninety days if all of the following apply:
12 (1) The court finds, beyond a reasonable doubt, that: (i)
13 the minor is a drug-dependent person; and (ii) the minor is
14 incapable of accepting or unwilling to accept voluntary
15 treatment services.
16 (2) The court finds that the minor will benefit from
17 involuntary treatment services.
18 (d) A minor ordered to undergo inpatient treatment due to a
19 determination pursuant to subsection (c) shall remain under the
20 treatment designated by the court for a period of ninety days
21 unless sooner discharged. At the end of the ninety-day period,
22 the court shall conduct a review hearing for the purpose of
23 determining whether further treatment is necessary. If the court
24 determines that further treatment is needed, the court may order
25 the minor recommitted to inpatient services for an additional
26 period of treatment not to exceed ninety days unless sooner
27 discharged. The court may continue the minor in treatment for
28 successive ninety-day periods pursuant to determinations that
29 the minor will benefit from inpatient services for an additional
30 ninety days.
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1 Section 4. Section 13 of the act is amended to read:
2 Section 13. Financial Obligations.--(a) Except for minors,
3 all persons receiving treatment under this act shall be subject
4 to the provisions of Article V of the act of October 20, 1966
5 (P.L.96), known as the "Mental Health and Mental Retardation Act
6 of 1966," in so far as it relates to liabilities and payments
7 for services rendered by the Commonwealth.
8 (b) In the case of proceedings under section 12.1 of this
9 act, unless the court finds that the parent or legal guardian is
10 without financial resources, the parent or legal guardian shall
11 be obligated for all of the following:
12 (1) Court costs.
13 (2) Counsel fees for the minor.
14 (3) The cost of assessment and treatment services.
15 Section 5. Nothing in this act shall relieve, restrict or
16 expand the obligations of any insurer, health maintenance
17 organization, third-party administrators, hospital plan
18 corporation or health services plan corporation doing business
19 in this Commonwealth with respect to the coverage of drug and
20 alcohol benefits, as set forth in Article VI-A of the act of May
21 17, 1921 (P.L.682, No.284), known as The Insurance Company Law
22 of 1921, section 2334 of the act of April 9, 1929 (P.L.177,
23 No.175), known as The Administrative Code of 1929, act of
24 December 29, 1972 (P.L.1701, No.364), known as the Health
25 Maintenance Organization Act, or 40 Pa.C.S. Chs. 61 (relating to
26 hospital plan corporations) and 63 (relating to professional
27 health services plan corporations).
28 Section 6. All acts and parts of acts are repealed insofar
29 as they are inconsistent with this act.
30 Section 7. This act shall take effect in 60 days.
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