reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › VOLUNTARY TREATMENT › Section 5100.78 - Transfer of persons in voluntary treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A transfer initiated by the patient in
					 voluntary treatment, his family, a facility director, or county administrator,
					 under the act shall only be to approved facilities and with use of Form
					 MH-60.
(b) Each person 14 years of
					 age or older, or the parent, guardian, or person standing in
loco
					 parentis
of a person under 14 years of age who is in voluntary
					 treatment and is considered for transfer from one facility to another, shall be
					 informed about the prospective treatment setting and modalities before giving
					 written consent. For a person 14 to 17 years of age, notice of the proposed
					 transfer shall be sent to the person's parents indicating their right to object
					 by requesting a hearing. When the transfer will result either in placing the
					 person in a more restrictive setting, or in placing greater restrictions upon
					 the person, these facts shall be explicitly explained to the person and his
					 parents prior to obtaining a consent. Written consent shall be obtained prior
					 to the release of any records for the purpose of planning or effecting a
					 transfer.
(c) All necessary actions
					 required to effect a voluntary transfer remain the responsibility of the
					 patient in voluntary treatment, or his relatives, or both, and the releasing
					 and accepting facilities unless there are requirements or conditions for
					 authorization imposed by a county administrator or by order of court.
(d) Transfers of persons in voluntary
					 treatment from State operated mental health facilities to another State may be
					 arranged by the patient or his relatives, or both, by discharge and admission
					 procedures of the respective facilities, or if necessary, a transfer may be
					 made through the Interstate Compact Officer after consent has been obtained
					 under subsection (b).
(e) Except
					 for persons admitted to voluntary treatment under section 401 of the act
					 (50
					 P. S. §
												7401), transfers of persons in
					 voluntary treatment to State operated mental health facilities from another
					 State through the patient's own resources or through the Interstate Compact may
					 be made after the consent in subsection (b) has been obtained.
(f) For purposes of this section and §
											5100.90 (relating to transfer of
					 persons in involuntary treatment), a State mental hospital or private
					 psychiatric hospital shall be considered a single facility, except that those
					 distinct parts of State mental hospitals designated as either forensic units or
					 intermediate care units shall be considered a distinct facility.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.81 - Involuntary examination and treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may be subject to an involuntary
					 examination only at facilities approved and designated for that purpose by the
					 administrator.
(b) No facility
					 shall be designated unless it has an approved plan to comply with section
					 302(c)(2) of the act (50 P. S. §
												7302(c)(2)), and this
					 chapter. The plan shall be jointly developed by the administrator and facility
					 director, utilizing available county resources.
(c) The administrator, at least on an annual
					 basis, shall advise the public, through notice in one newspaper of general
					 circulation in the county, of the facilities he has designated to provide
					 involuntary emergency examination and treatment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.82 - Jurisdiction and venue of legal proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A court ordering involuntary treatment
					 may retain jurisdiction over subsequent proceedings. If jurisdiction is
					 initially exercised by the court of the county in which the person is,
					 jurisdiction shall be transferred to the county of the person's most current
					 residence except in cases committed under section 401 of the act (50 P. S. §
												7401). For persons committed under section
					 401 of the act, jurisdiction shall be transferred to the court having
					 jurisdiction over the person's criminal status. Security provisions for a
					 person committed under section 401 of the act may be reduced only by the court
					 with jurisdiction over the person's criminal status.
(b) Hearings may be held at facilities in all
					 cases. In light of the difficulties involved in transporting patients and
					 staff, and the impact upon patient care, every effort shall be made to hold
					 hearings at the facility.
(c)
					 Records of hearings shall be confidential as part of the patient's
					 records.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.83 - Generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may be
					 subject to an involuntary examination only at facilities approved and
					 designated for that purpose by the administrator.
(b) No facility shall be designated unless it
					 has an approved plan to comply with section 302(c)(2) of the act (50 P. S. §
												7302(c)). The plan shall be
					 jointly developed by the administrator and facility director, utilizing
					 available county resources.
(c) The
					 administrator, at least on an annual basis, shall advise the public, through
					 notice in one newspaper of general circulation in the county, of the facilities
					 he has designated to provide involuntary emergency examination and
					 treatment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.85 - Standards

Current through Register Vol. 54, No. 28, July 13, 2024
The standards of section 301 of the act (50 P. S. §
												7301), for determination of severe mental
						disability and present danger are to be applied so as to determine whether
						emergency commitment is necessary under section 302 of the act (50 P. S. §
												7302), or whether a court-ordered commitment
						under section 304(c) of the act (50 P. S. §
												7304(c)), is
						appropriate:
(1) The application of
					 the standards in section 301 of the act, for emergency commitment, including
					 the requirement of overt behavior, shall be based at least upon the following
					 factors:
(i) There is a definite need for
					 mental health intervention without delay to assist a person on an emergency
					 basis;
(ii) The clear and present
					 danger is so imminent that mental health intervention without delay is required
					 to prevent injury or harm from occurring;
(iii) There is reasonable probability that if
					 intervention is unduly delayed the severity of the clear and present danger
					 will increase; or
(iv) There is
					 reasonable probability that the person, with his presently available supports,
					 cannot continue to adequately meet his own needs if mental health intervention
					 is unduly delayed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.86 - Involuntary emergency examination and treatment not to exceed 120 hours

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written
					 applications, warrants, and written statements made under section 302 of the
					 act (50 P. S. §
												7302), shall
					 be made on Form MH-783 issued by the Department.
(b) A State-operated facility shall not
					 accept an application for involuntary emergency examination and treatment
					 unless there is a preexisting agreement of waiver approved by the Deputy
					 Secretary of Mental Health, between the State facility and the administrator
					 which designates the State facility as the only provider of inpatient services
					 in the county program; or, there is a preexisting letter of agreement approved
					 by the regional commissioner of mental health, between the State facility and
					 the administrator which designates the State facility as:
(1) A substitute provider of inpatient
					 services when an emergency need arises and there are no other appropriate and
					 approved facilities available; or
(2) A provider of specialized forensic
					 inpatient services when a need for security arises. Such letters of agreement
					 shall define the nature of security to be available and the responsibilities of
					 both the State facility and the Administrator for specific services including
					 aftercare planning and referral.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.87 - Extended involuntary emergency treatment not to exceed 20 days

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within 72 hours
					 after initiation of emergency involuntary treatment, the treating facility
					 shall reassess the mental condition of the individual receiving treatment and
					 shall determine whether the need for involuntary emergency treatment is likely
					 to extend beyond the initial 120 hours.
(b) Extended involuntary emergency treatment
					 may include inpatient, partial hospitalization, outpatient or a combination of
					 treatment modalities. In determining whether to extend the emergency
					 involuntary treatment, the treatment team shall consider:
(1) The need for involuntary
					 commitment.
(2) The optimal
					 modality or setting for continued treatment.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.88 - Court-ordered involuntary treatment not to exceed 90 days

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A petition for court-ordered treatment
					 under section 304 of the act (50 P. S. §
												7304), shall not be filed for a person held
					 for involuntary emergency examination and treatment under section 302 of the
					 act (50 P. S. §
												7302),
					 without first proceeding under section 303 of the act (50 P. S. §
												7303).
(b) Initiation of court-ordered involuntary
					 treatment for persons already subject to involuntary treatment.
(1) The director of the facility, the county
					 administrator, or any responsible person with knowledge of the patient's mental
					 condition may serve as petitioner.
(2) If the director of the facility
					 determines that continuing involuntary treatment is not needed, he shall notify
					 the county administrator or other appropriate person of this decision or a
					 change in status 10 days before the expiration of the involuntary treatment
					 previously authorized.
(3) If the
					 director of the treating facility determines that continued involuntary
					 treatment of a person already subject to involuntary treatment is necessary, he
					 shall notify the administrator of such fact by filing Form MH-785.
(4) The petition for court-ordered
					 involuntary treatment for persons already subject to involuntary treatment
					 shall be filed not less than 5 days prior to the expiration of the involuntary
					 treatment previously authorized. The petition shall be sufficient if it
					 represents that the conduct originally established to subject the person to
					 involuntary treatment did in fact occur and that the person's condition
					 continues to evidence a clear and present danger to himself or others. It shall
					 not be necessary to show the recurrence of the dangerous conduct, either
					 harmful or debilitating, within the past 30 days.
(5) The petitioner shall immediately notify
					 the person of the intent to file a petition for court-ordered involuntary
					 treatment with the court of common pleas by delivering to such person Form
					 MH-785-A issued by the Department. The director of the facility may assist the
					 petitioner in notifying the person in treatment of the intent to file a
					 petition and in serving the papers. The material given to the person shall
					 include an explanation of the nature of the proceedings and the person's right
					 to counsel under §
												5100.87(c)(1)
					 (relating to extended involuntary emergency treatment not to exceed 20 days),
					 and the right to the services of an expert in mental
					 health.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.89 - Additional periods of court-ordered involuntary treatment not to exceed 180 days

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When it is
					 determined that additional periods of court-ordered involuntary treatment will
					 be sought, the proceedings in §
											5100.87 (relating to extended
					 involuntary emergency treatment not to exceed 20 days), shall be
					 followed:
(b) An application for an
					 additional period of court-ordered involuntary treatment shall be filed not
					 less than 10 days prior to the termination of the court-ordered involuntary
					 treatment period. With all such filings, the director shall have notified the
					 appropriate administrator prior to the time of filing the proposed
					 plan.
(c) Occurrence of specific
					 conduct constituting clear and present danger under section 301 of the act
					 (50
					 P. S. §
												7301), is not required to
					 demonstrate the need for continuing involuntary treatment.
(d) Relevant factors in determining the need
					 for continued involuntary treatment include, among others, the following:
(1) The person's willingness to participate
					 in voluntary treatment.
(2) The
					 continuing presence of the condition for which the individual has been
					 receiving treatment.
(3) Any
					 dangerous or debilitating conduct during the most recent period of
					 treatment.
(4) The availability of
					 outpatient placement and the likehood that the patient will take advantage of
					 such treatment.
(5) The
					 availability of community resources and supports to assist the person in a less
					 restrictive setting.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PERSONS CHARGED WITH A CRIME OR UNDER SENTENCE › Section 5100.91 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Any person
					 subject to examination and treatment under section 401(a) of the act
					 (50
					 P. S. §
												7401(a)), may
					 be subject to involuntary treatment under Article III of the act (50 P. S.
					 §§
												7301-7306), or may apply for
					 voluntary treatment under §
											5100.92 (relating to voluntary
					 examination and treatment of a person charged with a crime or serving a
					 sentence).
(b) Whenever a person
					 subject to treatment under section 401(a) of the act is made subject to
					 inpatient examination or treatment, he shall be transferred by the authority
					 having jurisdiction to a designated approved facility after proceedings have
					 been completed in accordance with the appropriate section of this
					 chapter.
(c) Any person who is
					 subject to inpatient examination or treatment and who remains subject to a
					 criminal detainer or sentence, or who is under the jurisdiction of the juvenile
					 court, shall be returned to the custody of that authority upon their discharge
					 from treatment.
(d) Any person
					 subject to inpatient examination and treatment shall be subject to any
					 provisions of security imposed by the criminal juvenile court having
					 jurisdiction, provided that the facility to which the person is being committed
					 is capable of providing the security. If the facility is unable to provide the
					 ordered security, the director of the facility shall immediately notify the
					 court issuing the order.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PERSONS CHARGED WITH A CRIME OR UNDER SENTENCE › Section 5100.92 - Voluntary examination and treatment of a person charged with a crime or serving a sentence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Whenever a person in criminal detention, whether in lieu of bail or when
					 serving a sentence, believes he is in need of treatment and substantially
					 understands the nature of voluntary treatment, he may submit himself to
					 examination and treatment.
(b)
					 Prior to voluntary admission, at least one physician, preferably a psychiatrist
					 where the person is in criminal detention, shall certify in writing the
					 necessity for such treatment. This certification shall contain at least the
					 following information:
(1) A statement that
					 the person substantially understands the nature of inpatient treatment,
					 including the nature of his mental illness or condition, and the requirement
					 for continued security if admitted to a mental health facility.
(2) A statement that the patient is so
					 mentally ill as to require inpatient hospitalization and an explanation why
					 outpatient management in the penal institution population by way of
					 psychotherapy with or without medication will not be sufficient.
(3) A description of the person's condition,
					 symptoms, clinical history, and diagnosis.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PERSONS CHARGED WITH A CRIME OR UNDER SENTENCE › Section 5100.93 - Costs of treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commonwealth will pay for costs, payments, or expenditures in excess of $120
					 per day which are made on behalf of any person who is a resident of a county
					 located within this Commonwealth and who receives treatment and for whom
					 liability is imposed on a county pursuant to section 505(a) of the Mental
					 Health and Mental Retardation Act of 1966 (50 P. S. §
												4505(a)).
(b) The county of residence shall be liable
					 for all costs, payments, or expenditures, up to and including $120 per day,
					 which are made on behalf of any person who receives treatment and for whom
					 liability is imposed under section 505(a) of the Mental Health/Mental
					 Retardation Act of 1966.
(c) The
					 county of sentence shall be liable for all costs, payments, or expenditures
					 which are made on behalf of any person who receives observation or examination
					 and for whom liability is imposed under section 505(b) of the Mental
					 Health/Mental Retardation Act of 1966 (50 P. S. §
												4505(b)).
(d) In the event a residency cannot be
					 determined to be in a county within this Commonwealth by the court that
					 convicted or sentenced the person, all liability for treatment shall be the
					 responsibility of the Commonwealth.
(e) For the purposes of determining
					 liability, the county wherein in the person had a legal residence prior to
					 being committed or admitted for treatment will be considered the county of
					 residence. The determination of a person's county of residence for purposes of
					 this section shall be made by the courts that convicted or sentenced the
					 person.
(f) All patients for whom
					 liability can be imposed under section 505(a) of the Mental Health and Mental
					 Retardation Act of 1966 (50 P. S. §
												4505(a)), and who receive
					 treatment or examination subsequent to January 24, 1979 are subject to the
					 provisions of subsections (a)-(d).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.1 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is sections 105 and
						112 of the Mental Health Procedures Act (50 P.S.
						§§
												7105 and
						7112), section 201(2) of the
						Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
												4201(2)) and section 1021 of
						the Human Services Code (62 P.S. §
												1021).
The provisions of this §
													5200.1 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 provides standards for the licensing of freestanding psychiatric outpatient
					 clinics under section 1021 of the Human Services Code (62 P.S. §
												1021), and approval of psychiatric outpatient
					 clinics which are a part of a health care facility as defined in section
					 802.1 of the Health Care
					 Facilities Act (35 P.S. §
												448.802a), and
					 under sections 105 and 112 of the Mental Health Procedures Act (50 P.S.
					 §§
												7105 and
					 7112).
(b) This chapter applies to private,
					 nonprofit or for-profit corporations and public entities which provide medical
					 examination, diagnosis, care, treatment and support to individuals with mental
					 illness or emotional disturbance on an outpatient basis and which participate
					 in the public mental health program. This chapter does not apply to group or
					 individual practice arrangements of private practitioners.
The provisions of this §
													5200.2 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.4 - Provider eligibility

Current through Register Vol. 54, No. 28, July 13, 2024
Psychiatric outpatient clinic services for individuals
						with mental illness or emotional disturbance shall be provided only by a
						facility which complies with this chapter and is licensed by the Department.
						Nothing in this chapter is intended to regulate the provision of mental health
						services in individual or group private practice.
The provisions of this §
													5200.4 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); section 201(2) of the
						  Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)); and section 4 of
						  the Outpatient Psychiatric Oversight Act (Act of May 31, 2018) (P.L. 123, No.
						  25).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.5 - Application and review process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 facility intending to provide psychiatric outpatient clinic services shall file
					 an application for a certificate of compliance with the Department in
					 accordance with Chapter 20 (relating to licensure or approval of facilities and
					 agencies). Facilities shall meet both the requirements of Chapter 20 and this
					 chapter to obtain a certificate. Submission of an application does not
					 constitute a certificate to operate pending Departmental approval.
(b) Facilities will be inspected a minimum of
					 once per year, and are subject to visits by the Department's designee at other
					 times at the Department's discretion. The facility shall provide information
					 concerning program and fiscal operation at the Department's request.
The provisions of this §
													5200.5 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.6 - Objective

Current through Register Vol. 54, No. 28, July 13, 2024
The objective of the psychiatric outpatient clinic
						treatment services is to facilitate an individual's recovery to improve
						functioning, enhance resiliency and well-being, promote independence and
						maintain optimal functioning in the community consistent with the individual's
						preferences. The service may be provided to individuals with short-term or
						long-term treatment needs.
The provisions of this §
													5200.6 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › GENERAL PROVISIONS › Section 5200.7 - Program standards

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter shall be met by a facility seeking licensure
						or approval.
The provisions of this §
													5200.7 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › ORGANIZATION › Section 5200.11 - Organization and structure

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The psychiatric outpatient clinic must be a separate, identifiable
					 organizational unit with its own director, clinical supervisor and staffing
					 pattern. When the psychiatric outpatient clinic is a portion of a larger
					 organizational structure, the director and clinical supervisor of the
					 psychiatric outpatient clinic shall be identified and their responsibilities
					 clearly defined.
(b) The
					 organizational structure of the unit must be described in an organizational
					 chart.
(c) A written description of
					 programs provided by the unit shall be available to the Department.
(d) The psychiatric outpatient clinic shall
					 notify the Department within 10 days of a major change in the organizational
					 structure or services.
The provisions of this §
													5200.11 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › STAFFING AND PERSONNEL › Section 5200.21 - Qualifications and duties of the director/ clinical supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 psychiatric outpatient clinic shall have a director and clinical supervisor,
					 who may be the same individual. A clinical supervisor shall be a mental health
					 professional with at least 2 years of supervisory experience.
(b) The director shall be responsible for the
					 overall operation of the psychiatric outpatient clinic, including daily
					 management, ensuring that clinical supervision is available during all
					 operational hours, developing a quality improvement plan for the psychiatric
					 outpatient clinic and monitoring adherence with this chapter.
(c) The clinical supervisor's
					 responsibilities shall include all of the following:
(1) Supervision of clinical staff.
(2) Development or implementation of the
					 policies and procedures for the operation of the psychiatric outpatient
					 clinic.
(3) Regular meetings of
					 clinical staff to discuss clinical cases, treatment plans, policies and
					 procedures.
(4) Liaison with other
					 portions of the service system.
(5)
					 Employment, supervision and discharge of clinical staff according to
					 established personnel policies.
(6)
					 Supervision and documentation of clinical staff training and
					 development.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › STAFFING AND PERSONNEL › Section 5200.22 - Staffing pattern

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There
					 shall be qualified staff and supporting personnel in sufficient numbers to
					 provide the services included in the psychiatric outpatient clinic's program as
					 follows:
(1) At least 50% of the treatment
					 staff providing psychotherapy services shall be mental health
					 professionals.
(2) A psychiatric
					 outpatient clinic is required to have 2 hours of psychiatric time per week for
					 each FTE mental health professional and mental health worker providing clinical
					 services.
(3) The psychiatrist must
					 provide 50% of the required psychiatric time at the psychiatric outpatient
					 clinic.
(4) The remaining 50% of
					 the psychiatric time may be provided by:
(i)
					 An advanced practice professional.
(ii) A psychiatrist off-site by the use of
					 tele-behavioral health.
(iii) A
					 combination of subparagraphs (i) and (ii).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › STAFFING AND PERSONNEL › Section 5200.23 - Psychiatric supervision

Current through Register Vol. 54, No. 28, July 13, 2024
The supervision of a psychiatric outpatient clinic shall
						be by a psychiatrist and, at a minimum, include the following:
(a) Establishment of appropriate standards
					 for treatment and prescribing practices.
(b) Involvement in the quality management
					 process.
(c) Participation in
					 clinical staff meetings 2 times per month. The psychiatric outpatient clinic
					 shall maintain written documentation of clinical staff meetings, including
					 attendance.
(d) Consultation to all
					 clinical staff.
The provisions of this §
													5200.23 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
This section cited in 55 Pa. Code §
													5200.22 (relating to staffing
						  pattern).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › STAFFING AND PERSONNEL › Section 5200.24 - Criminal history and child abuse certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A psychiatric outpatient clinic shall
					 have documentation of the completed criminal history background check for
					 staff, including volunteers that will have direct contact with an
					 individual.
(b) A psychiatric
					 outpatient clinic that serves children shall have documentation of the
					 completed criminal history and child abuse certifications, and mandated
					 reporter training in accordance with
					 23 Pa.C.S. §§
												6301-6386 (relating to the Child Protective
					 Services Law) and Chapter 3490 (relating to protective services) for all staff,
					 including volunteers that will have direct contact with children.
(c) A psychiatric outpatient clinic shall
					 develop and implement written policies and procedures regarding personnel
					 decisions based on the criminal history and child abuse certification,
					 including volunteers.
The provisions of this §
													5200.24 adopted under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › TREATMENT STANDARDS › Section 5200.31 - Treatment planning

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
					 each individual receiving services, a mental health professional or mental
					 health worker under the supervision of a mental health professional shall
					 complete an assessment of the behavioral health, medical, psychological,
					 social, vocational, educational and other factors important to the individual
					 prior to the development of the initial comprehensive treatment plan.
(b) An initial comprehensive treatment plan
					 shall be developed, reviewed and approved within 30 days of the intake and
					 assessment with every individual who continues to participate in the treatment
					 process in accordance with the following:
(1)
					 The mental health professional or the mental health worker under the
					 supervision of the mental health professional and the individual receiving
					 services shall develop, sign and date the initial treatment plan.
(2) If the individual is receiving
					 psychotherapy and other clinical services, the psychiatrist or advanced
					 practice professional shall review, approve, sign and date the initial
					 treatment plan.
(3) If the
					 individual is receiving medication management services only, the psychiatrist,
					 physician, certified registered nurse practitioner or physician assistant
					 responsible for prescribing and monitoring the use of the medication shall
					 review, approve, sign and date the initial treatment plan.
(4) For individuals under an involuntary
					 outpatient commitment, the mental health professional or advanced practice
					 professional providing services and the individual shall develop, review, sign
					 and date the initial treatment plan. The treatment plan shall be reviewed and
					 signed by the psychiatrist as part of the oversight of the treatment services
					 provided.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › TREATMENT STANDARDS › Section 5200.32 - Treatment policies and procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Each psychiatric outpatient clinic shall have on file a
						written plan specifying the clinical policy and procedures of the facility and
						shall provide services in accordance with them. This plan must provide for the
						following:
(1) Intake and assessment
					 policy and procedures.
(2)
					 Admission policies including time frames for the following:
(i) Referrals from crisis intervention or
					 emergency services.
(ii) Referrals
					 from inpatient units.
(iii)
					 Referrals for medication management services.
(iv) Other referrals.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › TREATMENT STANDARDS › Section 5200.33 - Discharge

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A psychiatric
					 outpatient clinic shall complete a discharge summary for each individual at
					 least 45 days before discharge from services that includes the following:
(1) Summary of services provided and
					 outcomes.
(2) Reason for
					 discharge.
(3) Referral or
					 recommendation for other services if needed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.41 - Records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under section
					 602 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
												4602), and in accordance with recognized and
					 acceptable principles of recordkeeping, the facility shall maintain a record
					 for each individual receiving services from a psychiatric outpatient clinic.
					 The record must include the following:
(1)
					 Identifying information.
(2)
					 Referral source.
(3) Assessment
					 including presenting problems.
(4)
					 Appropriately signed consent forms.
(5) Medical, social and developmental
					 history.
(6) Diagnosis and
					 evaluation.
(7) Treatment plan and
					 updates.
(8) Treatment progress
					 notes for each contact.
(9)
					 Medication orders.
(10) Discharge
					 summary.
(11) Referrals to other
					 agencies, when indicated.
(12) A
					 written recommendation from a LPHA acting within the practitioner's scope of
					 practice for any MMHT services provided.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.42 - Medications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If medication
					 is prescribed or dispensed by the psychiatric outpatient clinic, the
					 requirements of all applicable Federal and State drug statutes and regulations
					 shall be met. In addition, all of the following apply:
(1) Prescriptions shall be written only by a
					 licensed psychiatrist, physician, certified registered nurse practitioner or
					 physician assistant within the practitioner's scope of practice.
(2) The term "written" includes prescriptions
					 that are handwritten or recorded and transmitted by electronic means.
(3) Written prescriptions transmitted by
					 electronic means must be electronically encrypted or transmitted by other
					 technological means designed to protect and prevent access, alteration,
					 manipulation or use by an unauthorized person.
(4) A record of any medication prescribed
					 shall be documented in the individual record.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.42a - Medication prescription-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
Prescriptions for medications may be written by and
						dispensed on the order of a certified registered nurse practitioner in
						outpatient psychiatric clinics as authorized under 49 Pa. Code Chapter 18,
						Subchapter C (relating to certified registered nurse practitioners) and Chapter
						21, Subchapter C (relating to certified registered nurse practitioners).
This section cited in 55 Pa. Code §
													5200.42b (relating to
						  clarification of the term "written"-statement of
						  policy).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.42b - Clarification of the term "written"-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The term "written" in §§
											5200.42(b)(1) and
					 5200.42a (relating to drugs and
					 medications; and medication prescription-statement of policy) includes
					 prescriptions that are handwritten or recorded and transmitted by electronic
					 means.
(b) Written prescriptions
					 transmitted by electronic means must be electronically encrypted or transmitted
					 by other technological means designed to protect and prevent access,
					 alteration, manipulation or use by an unauthorized person.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.43 - Fee schedule

Current through Register Vol. 54, No. 28, July 13, 2024
Each psychiatric outpatient clinic shall maintain a
						schedule of uniform basic charges for services which are available to all
						individuals receiving services.
The provisions of this §
													5200.43 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.44 - Quality assurance program

Current through Register Vol. 54, No. 28, July 13, 2024
All psychiatric outpatient clinics shall have a
						utilization review and clinical audit process designed to ensure that the most
						appropriate treatment is delivered to the individual receiving services and
						that treatment is indicated. Psychiatric outpatient clinics that provide MMHT
						services shall include MMHT services in the Quality Assurance plan. The Quality
						Assurance plan shall include the following:
(1) Process for the annual review of the
					 quality, timeliness and appropriateness of the services provided, including
					 feedback on satisfaction with services from individuals receiving
					 services.
(2) Identification of the
					 type of review and the methodology for the review.
(3) Documentation of the findings of the
					 annual review.
(4) Utilization of
					 the annual review findings to improve psychiatric outpatient clinic
					 services.
The provisions of this §
													5200.44 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.45 - Physical facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Adequate space, equipment and supplies shall be provided in order that the
					 outpatient services can be provided effectively and efficiently. Functional
					 surroundings shall be readily accessible to the individual and community
					 served.
(b) All space and equipment
					 shall be well maintained and must meet applicable Federal, State and local
					 requirements for safety, fire, accessibility and health.
(c) A waiting room which is clean,
					 comfortable and sensitive to the culture of the population served shall be
					 provided.
(d) There shall be office
					 space for the clinical staff suitably equipped with chairs, desks, tables and
					 other necessary equipment.
(e)
					 There shall be an adequate number of suitably equipped conference rooms to
					 provide for staff conferences and therapy.
(f) There shall be adequate provisions for
					 privacy within the psychiatric outpatient clinic.
(g) A psychiatric outpatient clinic is
					 defined by its staff and organizational structure rather than by a specific
					 building or facility. It may operate at more than one site if the respective
					 sites meet all physical facility standards and the sites operate as a portion
					 of the psychiatric outpatient clinic. The staffing pattern at each site shall
					 be based on the ratio of total individuals served at that site to the total
					 individuals served in the psychiatric outpatient clinic as a whole. The
					 Department will issue a single certificate of compliance to the parent
					 organization which will list all operational sites.
The provisions of this §
													5200.45 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart D - Nonresidential Agencies/Facilities/Services › Chapter 5200 - PSYCHIATRIC OUTPATIENT CLINICS › MISCELLANEOUS PROVISIONS › Section 5200.46 - Notice of nondiscrimination

Current through Register Vol. 54, No. 28, July 13, 2024
Programs may not discriminate against staff or
						individuals receiving services on the basis of race, color, creed, disability,
						religious affiliation, ancestry, gender, gender identity or expression, sexual
						orientation, national origin or age, and shall comply with all applicable State
						and Federal statutes and regulations.
The provisions of this §
													5200.46 amended under section 1021
						  of the Human Services Code (62 P.S. §
														1021); sections 105 and 112 of the Mental
						  Health Procedures Act (50 P.S. §§
														7105 and
						  7112); and section 201(2) of
						  the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §
														4201(2)).