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 › GENERAL PROVISIONS › Section 5100.4 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 applies to all involuntary treatment of mentally ill persons, whether inpatient
					 or outpatient, and for all voluntary inpatient treatment of mentally ill
					 persons.
(b) Persons 70 years of
					 age or older who have been continuously hospitalized in a State-operated
					 facility for at least 10 years and who are chronically disabled shall not be
					 subject to the procedures of the act.
(1) The
					 Department extends the protections of §§ 5100.11, 5100.13-5100.16,
					 5100.31-5100.39 and 5100.51-5100.56 to these persons.
(2) The Department may continue to provide
					 all necessary treatment to such persons regardless of their ability to freely
					 give rational informed consent except when such a person protests treatment or
					 residence at a State operated facility.
(3) Persons described in this subsection may
					 become subject to involuntary treatment when the person protests and criteria
					 for involuntary treatment are met.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.11 - Adequate treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Adequate treatment provided by an approved facility shall be designed on an
					 individual basis under the relevant statutes, regulations, and professional
					 standards to promote the recovery from mental illness.
(b) Treatment provided on an inpatient,
					 outpatient or partial hospitalization basis shall reflect the needs of the
					 individual both independently and in light of the community resources, family
					 or friends available to lend support and assistance to the person while in
					 treatment. These resources shall be considered in determining the adequacy of
					 the least restrictive setting appropriate to his treatment.
(c) The adequacy of an individual's treatment
					 may also be reviewed through mechanisms of peer review and utilization
					 review.
(d) Involuntary treatment,
					 voluntary outpatient treatment funded at least in part with public moneys or
					 voluntary inpatient treatment is not adequate treatment unless it is provided
					 in or at an approved facility or by an agency of the United States.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); and 55
						  Pa. Code §
													5320.22 (relating to governing
						  body).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.12 - Treatment facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department, through the Deputy Secretary of Mental Health, will approve
					 facilities under section 105 of the act (50 P. S. §
												7105). Designation of appropriate approved
					 facilities within the county shall be made by the county administrator for
					 those patients using mental health/mental retardation (MH/MR) funds. All other
					 patients may use any approved facility.
(b) All mental health facilities providing or
					 planning to provide involuntary treatment or voluntary treatment shall be
					 approved annually by the Department by application to the Deputy Secretary of
					 Mental Health.
(c) Inpatient
					 facilities treating persons who are either enrolled in or who are about to be
					 enrolled in a county mental health program shall notify the appropriate
					 administrator of the proposed discharge plan as early as possible. The facility
					 shall encourage interagency cooperation in developing predischarge
					 planning.
(d) Chapters 4210 and
					 5300 (relating to description of services and service areas; and private
					 psychiatric hospital) shall be interpreted consistently with this
					 chapter.
(e) Facilities requesting
					 an exemption from approval standards shall submit a written request to the
					 Deputy Secretary of Mental Health. Each request shall state the compelling
					 reasons why an exemption should be granted and the duration of such
					 exemption.
(f) The administrator
					 shall publicly designate which approved facilities are available to provide
					 involuntary emergency examinations, involuntary treatment or voluntary
					 treatment funded in whole or in part by MH/MR funds.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.13 - Responsibility for formulation and review of treatment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The director of the treatment team shall
					 assure that staff trained and experienced in the use of the modalities proposed
					 in the treatment plan participate in its development, implementation and
					 review.
(b) The director of the
					 treatment team shall be responsible for:
(1)
					 Insuring that the person in treatment is encouraged to become increasingly
					 involved in the treatment planning process.
(2) Implementing and reviewing the
					 individualized treatment plan and participating in the coordination of service
					 delivery with other service providers.
(3) Insuring that the unique skills and
					 knowledge of each team member are utilized and that specialty consultants are
					 utilized when needed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.14 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each facility
					 shall have a clearly defined appeal system through which any patient who wishes
					 to voice objections concerning his treatment shall be heard and have objections
					 determined.
(b) Each facility shall
					 monitor the appeal system to see that it works properly and records shall be
					 maintained for review for certification and licensure and for Departmental
					 review in order to investigate any complaint.
(c) All patients shall be advised of such
					 system and be encouraged to use it when they believe their treatment plan is
					 not necessary or appropriate to their needs.
This section cited in 55 Pa. Code § 5100.4
						  (relating to scope).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.15 - Contents of treatment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 comprehensive individualized plan of treatment shall:
(1) Be formulated to the extent feasible,
					 with the consultation of the patient. When appropriate to the patient's age, or
					 with the patient's consent, his family, personal guardian, or appropriate other
					 persons should be consulted about the plan.
(2) Be based upon diagnostic evaluation which
					 includes examination of the medical, psychological, social, cultural,
					 behavorial, familial, educational, vocational, and developmental aspects of the
					 patient's situation.
(3) Set forth
					 treatment objectives and prescribe an integrated program of therapies,
					 activities, experiences, and appropriate education designed to meet these
					 objectives.
(4) Result from the
					 collaborative recommendation of the patient's interdisciplinary treatment
					 team.
(5) Be maintained and updated
					 with progress notes, and be retained in the patient's medical record on a form
					 developed by the facility and approved by the Deputy Secretary of Mental
					 Health, as part of the licensing approval process.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › TREATMENT › Section 5100.16 - Review and periodic reexamination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least once every 30 days, every person
					 in treatment under the act shall have his treatment plan reviewed. This review
					 shall be based upon section 108(a) of the act (50 P. S. §
												7108(a)). A report of the
					 review and findings shall be summarized in the patient's clinical
					 record.
(b) The decisions and
					 redisposition required by section 108(b) of the act, based upon such
					 reexamination and review, shall be recorded in the patient's clinical record as
					 either a progress note or in any other appropriate form acceptable to the
					 agency's records committee.
(c)
					 Such record shall include information required by section 108(c) of the
					 act.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); and 55
						  Pa. Code §
													5320.52 (relating to review and
						  periodic reexamination).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › MENTAL HEALTH REVIEW OFFICER AND PROCEEDINGS › Section 5100.21 - Proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The county
					 administrator shall inform the Deputy Secretary of Mental Health of the
					 appointment of mental health review officers. If no review officer is
					 appointed, then the administrator should inform the Department of the judge who
					 hears and determines commitments under the act. The Department will inform the
					 mental health review officers and courts of new policies, procedures, and
					 interpretations relating to the act and the provision of mental health services
					 and will make available training to aid them in carrying out their
					 duties.
(b) A mental health review
					 officer, unless specifically authorized by the court having jurisdiction over
					 the person, shall not reduce the conditions of security of a person committed
					 under section 401 of the act (50 P. S. §
												7401).
(c) The administrator's office shall assist
					 petitioners with the preparation of the commitment petitions, applications, and
					 request for certification for persons not already subject to involuntary
					 treatment.
(d) The administrator
					 shall designate representatives to issue warrants for involuntary emergency
					 commitments.
(e) The administrator
					 shall coordinate, when designated by the court, all hearings and file all
					 applications and certifications under the act.
(f) Notwithstanding any other provision of
					 the act, no judge or mental health review officer shall specify to the
					 treatment team the adoption of any treatment technique, modality, or drug
					 therapy.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › MENTAL HEALTH REVIEW OFFICER AND PROCEEDINGS › Section 5100.22 - Consultation and education

Current through Register Vol. 54, No. 28, July 13, 2024
The administrator shall, in discharging his duties under
						the Mental Health and Mental Retardation Act of 1966, provide the court or
						mental health review officer with:
(1)
					 Education and training regarding principles and practices of mental health
					 services.
(2) Administrative
					 consultation regarding the nature and availability of approved and designated
					 mental health facilities and services.
(3) Case consultation if so ordered by the
					 court or mental health review officer.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.32 - Nonconsensual release of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Records concerning persons receiving or
					 having received treatment shall be kept confidential and shall not be released
					 nor their content disclosed without the consent of a person given under §
											5100.34 (relating to consensual
					 release to third parties), except that relevant portions or summaries may be
					 released or copied as follows:
(1) To those
					 actively engaged in treating the individual, or to persons at other facilities,
					 including professional treatment staff of State Correctional Institutions and
					 county prisons, when the person is being referred to that facility and a
					 summary or portion of the record is necessary to provide for continuity of
					 proper care and treatment.
(2) To
					 third party payors, both those operated and financed in whole or in part by any
					 governmental agency and their agents or intermediaries, or those who are
					 identified as payor or copayor for services and who require information to
					 verify that services were actually provided. Information to be released without
					 consent or court order under this subsection is limited to the staff names, the
					 dates, types and costs of therapies or services, and a short description of the
					 general purpose of each treatment session or service.
(3) To reviewers and inspectors, including
					 the Joint Commission on the Accreditation of Hospitals (JCAH) and Commonwealth
					 licensure or certification, when necessary to obtain certification as an
					 eligible provider of services.
(4)
					 To those participating in PSRO or Utilization Reviews.
(5) To the administrator, under his duties
					 under applicable statutes and regulations.
(6) To a court or mental health review
					 officer, in the course of legal proceedings authorized by the act or this
					 chapter.
(7) In response to a court
					 order, when production of the documents is ordered by a court under §
												5100.35(b)
					 (relating to release to courts).
(8) To appropriate Departmental personnel
					 §
												5100.38 (relating to child or
					 patient abuse).
(9) In response to
					 an emergency medical situation when release of information is necessary to
					 prevent serious risk of bodily harm or death. Only specific information
					 pertinent to the relief of the emergency may be released on a nonconsensual
					 basis.
(10) To parents or guardians
					 and others when necessary to obtain consent to medical treatment.
(11) To attorneys assigned to represent the
					 subject of a commitment hearing.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.33 - Patient's access to records and control over release of records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
					 client/patient, 14 years of age or older, understands the nature of documents
					 to be released and the purpose of releasing them, he shall control release of
					 his records. For a client who lacks this understanding, any person chosen by
					 the patient may exercise this right if found by the director to be acting in
					 the patient's best interest. In the event that the client/patient is deceased,
					 control over release of records may be exercised by the client's/patient's
					 chosen executor, administrator or other personal representative of his estate,
					 or, if there is no chosen personal representative, by a person otherwise
					 empowered by court order to exercise control over the records. In the event
					 that the client/patient is less than 14 years of age or has been adjudicated
					 legally incompetent, control over release of the client's/patient's records may
					 be exercised by a parent or guardian of the client/patient
					 respectively.
(b) The term "access"
					 when used in this section refers to physical examination of the record, but
					 does not include nor imply physical possession of the records themselves or a
					 copy thereof except as provided in this chapter.
(c) A person who has received or is receiving
					 treatment may request access to his record, and shall be denied such access to
					 limited portions of the record only:
(1) Upon
					 documentation by the treatment team leader, it is determined by the director
					 that disclosure of specific information concerning treatment will constitute a
					 substantial detriment to the patient's treatment.
(2) When disclosure of specific information
					 will reveal the identity of persons or breach the trust or confidentiality of
					 persons who have provided information upon an agreement to maintain their
					 confidentiality.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.35 - Release to courts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 facility director shall designate one or more persons as a records officer, who
					 shall maintain the confidentiality of client/patient records in accordance with
					 this chapter.
(b) Records shall
					 comply with the following:
(1) Whenever a
					 client/patient's records are subpoenaed or otherwise made subject to discovery
					 proceedings in a court proceeding, other than proceedings authorized by the
					 act, and the patient/client has not consented or does not consent to release of
					 the records, no records should be released in the absence of an additional
					 order of court.
(2) The records
					 officer, or his designee, is to inform the court either in writing or in person
					 that, under statute and regulations, the records are confidential and cannot be
					 released without an order of the court. Neither the records officer nor the
					 facility director has any further duty to oppose a subpoena beyond stating to
					 the the court that the records are confidential and cannot be released without
					 an order of the court; however, nothing in this section shall be construed as
					 authorizing such a court order.
(3)
					 If it is known that a patient has a current attorney of record for the given
					 proceedings, that attorney shall be informed of the request of subpoena, if not
					 already served with a copy, and shall be expected to represent and protect the
					 client/patient's interests in the confidentiality of the records. The person
					 whose record has been subpoenaed shall be notified of such action if they are
					 currently receiving services and their whereabouts are known, unless served
					 with a copy of the subpoena. Those currently in treatment shall also be advised
					 that they may wish to obtain an attorney to represent their interests. In the
					 case of persons no longer receiving services, the facility shall send this
					 notification by certified mail to the last known address.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.36 - Departmental access to records and data collection

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Notwithstanding any part of this chapter
					 to the contrary, employes of the Department shall not be denied access to any
					 patient records where such access is necessary and appropriate for the
					 employe's proper performance of his duties. The facility director shall make
					 such decision, and shall be responsible for limiting access to those portions
					 which are relevant to the request.
(b) Any conflict as to access by an employe
					 to patient records at State hospitals shall be resolved by the Regional
					 Commissioner of Mental Health.
(c)
					 Collection and analysis of clinical or statistical data by the Department, the
					 administrator, or the facility for administrative or research purposes may be
					 undertaken as long as the report or paper prepared from the data does not
					 identify any individual patient without his consent.
This section cited in 55 Pa. Code §
													3800.20 (relating to
						  confidentiality of records); 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.26 (relating to records); 55
						  Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5221.52 (relating to notice of
						  confidentiality and nondiscrimination); 55 Pa. Code §
													5230.17 (relating to
						  confidentiality); and 55 Pa. Code §
													5320.26 (relating to
						  confidentiality).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.37 - Records relating to drug and alcohol abuse or dependence

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever information in a patient's records relates to
						drug or alcohol abuse or dependency, as defined in
						71
						P.S. §
												1690.102, those specific portions
						of the patient's records are subject to the confidentiality provisions of
						section 8(c) of the Pennsylvania Drug and Alcohol Abuse Control Act
						(71
						P.S. §
												1690.108(c)),
						and the regulations promulgated thereunder, 4 Pa. Code §
											255.5 (relating to projects and
						coordinating bodies: disclosure of client-oriented
						information).
This section cited in 55 Pa. Code §
													3800.20 (relating to
						  confidentiality of records); 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.26 (relating to records); 55
						  Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5221.52 (relating to notice of
						  confidentiality and nondiscrimination); 55 Pa. Code §
													5230.17 (relating to
						  confidentiality); and 55 Pa. Code §
													5320.26 (relating to
						  confidentiality).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.38 - Child or patient abuse

Current through Register Vol. 54, No. 28, July 13, 2024
Nothing in this chapter shall conflict with the mandatory
						statutory or regulatory requirements of reporting suspected or discovered child
						abuse or patient abuse. Whenever a conflict exists between the reporting
						requirements of the Child Protective Services Act (11 P.S. §§
												2201-2224), and the confidentiality of mental
						health records, the reporting requirements shall govern.
This section cited in 55 Pa. Code §
													3800.20 (relating to
						  confidentiality of records); 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5100.32 (relating to nonconsensual
						  release of information); 55 Pa. Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.26 (relating to records); 55
						  Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5221.52 (relating to notice of
						  confidentiality and nondiscrimination); 55 Pa. Code §
													5230.17 (relating to
						  confidentiality); and 55 Pa. Code §
													5320.26 (relating to
						  confidentiality).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONFIDENTIALITY OF MENTAL HEALTH RECORDS › Section 5100.39 - Release of records

Current through Register Vol. 54, No. 28, July 13, 2024
Under
						42 Pa.C.S. §§
												8721-8725 (relating to availability of
						otherwise confidential information), records which are otherwise confidential
						may be made available to certain investigating bodies upon order of a judge of
						the Commonwealth Court.
This section cited in 55 Pa. Code §
													3800.20 (relating to
						  confidentiality of records); 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.26 (relating to records); 55
						  Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5221.52 (relating to notice of
						  confidentiality and nondiscrimination); 55 Pa. Code §
													5230.17 (relating to
						  confidentiality); and 55 Pa. Code §
													5320.26 (relating to
						  confidentiality).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › FORMS › Section 5100.41 - Forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reference.
All references to article or section numbers in the
					 title of the forms issued by the Department refer to articles or section
					 numbers of the act.
(b)
Forms.
Forms adopted by the Department as published in prior
					 regulations may be amended to conform with the act by pen and ink changes until
					 new forms are available:
MH 781. Consent for Voluntary Inpatient Treatment
						(Article II).
MH 781-A. Initial Evaluation.
MH 781-B. Explanation of Voluntary Admission Rights
						(Adult).
MH 781-C. Explanation of Voluntary Admission Rights
						(Minor between 14 and 18 years of age).
MH 781-D. Explanation of Voluntary Admission Rights
						(Minor under 14 years of age.
MH 781-E. Notification of Admission of Child (For parents
						or guardians of minor 14-18 years old).
MH 781-F. Request to Withdraw from Treatment.
MH 781-X. Request for Voluntary Admission of Person
						Charged with Crime or Serving Sentence.
MH 781-Y. Consent for Voluntary In-patient Treatment of
						Person Charged With Crime or Serving Sentence.
MH 781-Z. Explanation of Admission of Person Charged With
						Crime or Serving Sentence.
MH 782. Patient's Bill of Rights.
MH 783. Application for Involuntary Emergency Examination
						and Treatment.
MH 783-A. Explanation of Rights under Emergency
						Involuntary Treatment.
MH 783-B. Explanation of Warrant.
MH 784. Application for Extended Involuntary Treatment
						(section 303).
MH 784-A. Notice of Intent to File or Petition for
						Extended Involuntary Treatment and Explanation of Rights.
MH 785. Petition for Involuntary Treatment.
MH 785-A. Notice of Intent to File a Petition for
						Extended Involuntary Treatment and Explanation of Rights.
MH 785-B. Notice of a Hearing on Petition for Involuntary
						Treatment and Explanation of Rights.
MH 786. Petition for Involuntary Treatment-Through the
						Criminal Justice System.
MH 786-A. Notice of Intent to File a Petition for
						(Extended) Involuntary Treatment at a Mental Health Facility and Explanation of
						Rights.
MH 787. Petition for Commitment for Involuntary Treatment
						After Finding of Incompetence to Stand Trial Where Severe Mental Disability is
						Not Present.
MH/MR 50. Patient Consent to Transfer.
(c) Forms amended in this chapter include:
MH-781-X
MH-788
This section cited in 55 Pa. Code §
													5100.23 (relating to written
						  application, petitions, statements and
						  certifications).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PATIENT RIGHTS › Section 5100.51 - Preservation of rights

Current through Register Vol. 54, No. 28, July 13, 2024
Persons subject to treatment under this chapter shall
						retain all civil rights that have not been specifically curtailed by separate
						judicial or administrative determination by the appropriate legal authority.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.32 (relating to treatment
						  policies and procedures); 55 Pa. Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5320.22 (relating to governing
						  body); and 55 Pa. Code §
													5320.45 (relating to staff
						  orientation and training).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PATIENT RIGHTS › Section 5100.52 - Statement of principle

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Facilities.
Upon voluntary or involuntary admission to an
					 inpatient facility, each patient shall be given a copy of the summary statement
					 of the Bill of Rights, contained in §
											5100.53 (relating to bill of
					 rights for patients), Form MH-782, or the patient rights pamphlet (PWPE # 605),
					 published by the Department entitled
You Have a Right to be Treated
					 with Dignity and Respect.
Appended to each of these documents shall be
					 the names, addresses, and telephone numbers of legal and other available
					 advocacy services. Assistance in contacting a legal or other advocate shall be
					 provided by the facility to each patient upon request. The rights contained
					 therein shall be explained to the extent feasible to persons who cannot read or
					 understand them. Within 72 hours of admission, the Manual of Rights, set forth
					 in §
											5100.54 (relating to manual of
					 rights for persons in treatment), or the Patient Rights Handbook (PWPE # 606),
					 entitled
Your Rights Are Assured
, shall be made available or
					 given to each patient, and the rights contained therein shall be explained to
					 the extent feasible to persons who cannot read or understand them.
					 Additionally, a copy of either the Manual of Rights or the Patient Rights
					 Handbook (PWPE # 606) entitled
Your Rights Are Assured
, shall
					 be made available for each patient access in each patient living
					 area.
(b)
Current
					 patients.
All current patients shall be given a copy of either the
					 Manual of Rights, or Patient Rights Handbook entitled
Your Rights Are
					 Assured
(PWPE # 606), as in subsection (a). Existing supplies of
					 previously printed forms and manuals may be utilized.
(c)
Manual of rights.
Upon
					 request, a complete copy of the Manual of Rights shall be made available to the
					 family, guardian, attorney, and other interested parties.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.32 (relating to treatment
						  policies and procedures); 55 Pa. Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5320.22 (relating to governing
						  body); 55 Pa. Code §
													5320.33 (relating to
						  resident/provider contract; information on resident rights); and 55 Pa. Code
						  §
													5320.45 (relating to staff
						  orientation and training).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PATIENT RIGHTS › Section 5100.55 - Notification of rights

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of a person for treatment the facility shall
						advise the individual of his rights, and obtain when feasible a written
						acknowledgement by the person that his rights affecting their treatment were
						explained. In the event that conditions prevent such acknowledgement or
						understanding, the process of notification shall be recorded by the person
						designated and confirmed by a witness.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.32 (relating to treatment
						  policies and procedures); 55 Pa. Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5320.22 (relating to governing
						  body); and 55 Pa. Code §
													5320.45 (relating to staff
						  orientation and training).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › PATIENT RIGHTS › Section 5100.56 - Existing regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Existing regulations regarding treatment facilities and procedures continue in
					 force to guide facilities and providers in protecting the rights of persons in
					 treatment.
(b) It shall be the
					 responsibility of the administrator in utilizing facilities to assure that
					 procedures for affecting and protecting the rights of persons in treatment are
					 developed and followed.
This section cited in 55 Pa. Code §
													5100.4 (relating to scope); 55 Pa.
						  Code §
													5200.32 (relating to treatment
						  policies and procedures); 55 Pa. Code §
													5200.47 (relating to other
						  applicable regulations); 55 Pa. Code §
													5210.56 (relating to other
						  applicable regulations); 55 Pa. Code §
													5320.22 (relating to governing
						  body); and 55 Pa. Code §
													5320.45 (relating to staff
						  orientation and training).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › CONTINUITY OF CARE › Section 5100.61 - Continuity of care

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a
					 person in treatment under the act moves into or out of a State-operated mental
					 health facility, the county administrator responsible for the person's
					 continuity of care shall take such actions to ensure that the person receives
					 available services as needed. In taking such actions, the administrator shall
					 consider the person's plans to utilize private resources.
(b) Whenever a person is considered for
					 discharge from treatment at a State facility, the director shall take steps to
					 assure that the appropriate county administrator's office is involved in
					 predischarge planning before the discharge. The degree of involvement by the
					 county may be based upon the person's plans to utilize private
					 resources.
(c) Upon discharge, the
					 county administrator receiving the referral shall take the necessary steps to
					 arrange for the available mental health treatment services as defined in
					 application statutes.
(d) When a
					 person referred for service refuses to cooperate with the county administrator
					 after discharge, such person shall be evaluated for alternative services before
					 the case can be closed. Such evaluations should be as clinically thorough as
					 possible. There should be documentation of repeated efforts at reinvolving the
					 person in voluntary treatment if treatment has been recommended and of the
					 decisions regarding the appropriateness of commitment proceedings.
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 5100.71 - Voluntary examination and treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons 14 years of age or older may seek
					 voluntary inpatient treatment if they substantially understand the nature of
					 such treatment and the treatment setting. Parents or guardians who decide to
					 seek voluntary inpatient treatment for persons under 14 years of age may do so
					 only in accordance with the act and applications regulations.
(b) The test of a person's substantial
					 understanding for inpatient treatment is met if the person gives consent to the
					 information and explanations outlined in section 203 of the act (50 P.S. §
												4203).
(c) Behavorial consent, as defined in §
											5100.2 (relating to definitions)
					 shall be sufficient consent for persons presently receiving treatment at a
					 facility to remain at that facility and to participate in treatment which is
					 explained to him. Behavioral consent shall be documented under §
											5100.73 (relating to explanation
					 and consent to inpatient treatment). Behavorial consent shall not be relied
					 upon for admission to or transfer from a facility.
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 5100.72 - Applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Written
					 application for voluntary inpatient treatment shall be made upon Form MH-781,
					 issued by the Department.
(b) A
					 State-operated facility shall not accept an application for voluntary inpatient
					 treatment for persons not currently in the facility unless:
(1) There is concurrence on an individual
					 case basis given by the administrator.
(2) There is a preexisting agreement of
					 waiver approved by the Deputy Secretary of Mental Health between the State
					 facility and the Administrator which designates that facility as the only
					 provider of inpatient services of the county program.
(3) There is a preexisting letter of
					 agreement approved by the Deputy Secretary of Mental Health between the State
					 facility and the Administrator which designates the State facility as:
(i) A substitute provider of inpatient
					 services on a temporary basis when an emergency need arises and there are no
					 other appropriate approved facilities available; or
(ii) A provider of specialized forensic
					 inpatient services when a need for security arises.
(4) Such letter of agreement shall define the
					 nature of security to be available and the responsibilities of both the State
					 facility and the administrator.
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 5100.73 - Explanation and consent to inpatient treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In order to assure that a person
					 substantially understands the nature of voluntary inpatient treatment, an
					 explanation shall be made to him of the findings of the preliminary evaluation
					 and the proposed treatment and goals. An explanation of planned diagnostic and
					 treatment procedures, including the medications, restraints or restrictions
					 which may be utilized shall be given in terms understandable by the person
					 seeking services.
(b) Each
					 applicant shall be provided with a copy of the Patient's Bill of Rights. Form
					 MH-782 or the Patient's Rights Pamphlet, PWPE #605 entitled
You Have a
					 Right To Be Treated With Dignity and Respect.
Consent shall be
					 obtained by use of Form MH-781 B, C or D.
(c) In the event that the consent of the
					 applicant is given but cannot be obtained in writing, a statement on a form
					 approved by the Department documenting that the applicant acknowledged the
					 explanation given indicated his or her consent shall be signed by the person
					 presenting the information and at least one witness. This statement shall be
					 made part of the patient's record.
(d) Staff of a facility, in arranging to
					 convert a person's legal status from involuntary treatment under civil
					 commitment to voluntary treatment under Article II of the act (50 P. S.
					 §§
												7201-7207), shall explain to the
					 patient that he, by converting to voluntary status, is agreeing to remain in
					 treatment for 72 hours after giving proper notice of his intent to withdraw
					 from treatment. A patient's refusal to agree to remaining in treatment for this
					 72-hour period may be considered as sufficient grounds to deny the conversion
					 and seek a new commitment. The conversion process for persons in involuntary
					 treatment who are under criminal jurisdiction shall be arranged in accordance
					 with the steps outlined in section 407 of the act (50 P. S. §
												7407), and this chapter.
This section cited in 55 Pa. Code §
													5100.71 (relating to voluntary
						  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 › VOLUNTARY TREATMENT › Section 5100.74 - Notice to parents regarding voluntary inpatient treatment of minors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A notice to
					 parents, guardian, or person standing in
loco parentis
of the
					 patient age 14 to 18 of acceptance for treatment shall be given by telephone
					 when possible, and also by delivery of Form MH-781 issued by the Department.
					 The notice shall include an explanation of the proposed treatment and the right
					 to be heard upon the filing of an objection.
(b) Whenever the director of the facility is
					 unable to determine the whereabouts of the parents, guardian, or person
					 standing in
loco parentis
, he shall take such action as he
					 deems appropriate, including notifying appropriate child welfare
					 agencies.
(c) In the event that a
					 parent, guardian, or person standing in
loco parentis
objects
					 to the voluntary examination and treatment, he may file an objection in writing
					 with the director of the facility or the administrator, who shall arrange for a
					 hearing under the act.
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 5100.75 - Physical examination and formulation of individualized treatment plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon completion
					 of the preliminary evaluation and acceptance of a person for voluntary
					 inpatient examination or treatment, the facility shall provide or arrange for a
					 physical examination immediately, unless one has immediately been conducted as
					 part of the preliminary evaluation that is acceptable to the
					 facility.
(b) A preliminary
					 treatment plan, based upon the preliminary examination, may be used initially
					 and shall be revised under §
											5100.15 (relating to contents of
					 treatment plan), at the earliest opportunity.
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 5100.76 - Notice of withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
					 request to any clinical employe of the treating facility, a person 14 years of
					 age or older seeking release from voluntary treatment shall be immediately
					 provided with Form MH-781-F issued by the Department. Unless otherwise
					 indicated in the patient's record, the treatment team leader shall be notified
					 of each request to withdraw. An adequate supply of Form MH781-F shall be
					 available in all treatment and living areas of the facility.
(b) The person receiving a signed Form MH
					 781-F from a patient shall immediately examine the patient's record to
					 determine whether the patient has previously agreed to remain in treatment for
					 a specified period not to exceed 72 hours after having given written notice of
					 intent to withdraw from involuntary treatment. If no such consent has been
					 given, the patient may immediately withdraw from treatment unless an
					 application for emergency involuntary treatment is executed under section 302
					 of the act (50 P. S. §
												7302), and
					 the patient is advised accordingly.
(c) If consent to remain in treatment had
					 been given, the person examining the record shall notify the patient and a
					 member of the treatment team or their designee, who shall be available at all
					 times. The treating facility may delay release of such person for a period not
					 exceeding that specified if the treatment team or its designee has reason to
					 believe that:
(1) The individual is severely
					 mentally disabled and a petition for involuntary treatment under section 302 of
					 the act (50 P. S. §
													7302), is to
					 be filed before the end of the specified time period; or
(2) Immediate release would be medically
					 dangerous to the health of the individual.
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 5100.77 - Discharge from voluntary inpatient treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the event that the treatment team
					 determines that continued voluntary inpatient treatment is not indicated, the
					 treatment team shall discharge the patient with an appropriate post-discharge
					 plan. If public funds are or will be involved, the director shall notify the
					 administrator as early as feasible of the discharge plan. All persons being
					 discharged from a State operated mental health facility shall be referred to
					 the administrator per section 116 of the act (50 P. S. §
												7116).
(b) In the event that any patient in
					 voluntary inpatient treatment is unwilling to accept or cooperate with his
					 individualized treatment plan, the treatment team shall advise the director of
					 the facility of such fact. The director of the facility or designee shall
					 review the circumstances including the availabilities of reasonable alternative
					 treatment plans, and determine whether discharge is appropriate.
(c) When the director of the facility
					 determines that the unwillingness of the patient to accept or cooperate with
					 the individualized treatment plan, or reasonable alternative treatment plans,
					 makes continued voluntary inpatient treatment inappropriate, he or she shall
					 advise the patient of the voluntary nature of the treatment and the patient's
					 right to withdraw.
(d) In the event
					 that the patient continues to fail to accept or cooperate with the
					 individualized treatment plan or reasonable alternative treatment plan, and
					 fails to withdraw from voluntary inpatient treatment, the director of the
					 facility shall advise the patient, and if public funds are involved, the
					 Administrator, of his determination that discharge or commitment may be
					 appropriate.