reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.89 - Direct patient billing

Current through Register Vol. 54, No. 28, July 13, 2024
Patients and residents who have not been declared
						  incompetent by a court of appropriate jurisdiction receiving care and
						  maintenance in state institutions shall be billed for the costs of such care
						  and maintenance chargeable to them under section 501 of the Mental Health and
						  Mental Retardation Act of 1966,
						  50
						  P. S. §
													4501, as assessed by the Revenue
						  Agent of each state institution; such billing to be in the same manner as any
						  patient not suffering mental disability, in any public or private hospital,
						  would be billed for the costs thereof.
This section cited in 55 Pa. Code §
														11.87 (relating to abatement,
							 modification, or discharge of
							 liability).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › POWERS AND DUTIES AS A COURT-APPOINTED GUARDIAN › Section 11.90 - Form and content of bill

Current through Register Vol. 54, No. 28, July 13, 2024
The bill and all correspondence relating thereto must
						  be accompanied by an easily comprehensible notice, in English and Spanish when
						  appropriate, advising the patient of his right to seek counsel from an attorney
						  or lay person of his choice; provided, however, that such counselor not also be
						  an employe of the Commonwealth. The bill and all correspondence related thereto
						  must advise him of the right to the presence of counsel in any conferences with
						  the Revenue Agent or any other Commonwealth employe with respect to settlement
						  of the bill, and advise him of the right to confer with the Revenue Agent and
						  to petition the Secretary under
						  50
						  P. S. §
													4606 and to obtain a hearing
						  regarding abatement, modification, or discharge of assessed liability on the
						  basis that:
(1) Imposition of
						liability would result in loss of financial payments of benefits from any
						public or private source of which he might be entitled,
						50
						P. S. §
													4504(a)(1)(i).
(2) Imposition of liability would result in a
						substantial financial hardship upon him or a person owing a legal duty of
						support to him,
						50
						P. S. §
													4504(a)(1)(ii).
(3) Imposition of liability would result in
						greater financial burden upon the people of the Commonwealth,
						50
						P. S. §
													4504(a)(1)(iii).
(4) Imposition of liability would result in
						financial burden upon him that would nullify the results of care and treatment
						for mental disability,
						50
						P. S. §
													4504(a)(1)(iv).
(5) Social Security OASDI benefits are, and
						other Federal or State benefits may be insulated from claims of the
						Commonwealth for care and maintenance by statute,
						42 U.S.C.A. §
													407.
(6) The resident is entitled to the
						reasonable value of unpaid work benefitting the Commonwealth in reduced costs
						of maintenance and operation of the facility to which he was admitted,
						performed by him, by way of offset.
(7) The care and maintenance is less than
						assessed by the Commonwealth.
(8)
						Any other defenses or offsetting claims in law and equity.
This section cited in 55 Pa. Code §
														11.87 (relating to abatement,
							 modification, or discharge of
							 liability).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCOUNTING › Section 11.101 - Current accounting of funds

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall at all times maintain
						  current accounting of funds received and disbursed sufficient to meet the
						  requirements of the benefit-issuing agency, Orphans Court and Commonwealth of
						  Pennsylvania. The Guardian Officer shall annually submit to the Orphans Court
						  an accounting of income received and disbursements made during the preceding
						  year on behalf of the patient/resident for whom he serves as guardian. The
						  filing shall also include an affidavit by the Guardian Officer that he has
						  personally investigated and that either no grounds for abatement, modification,
						  or discharge of liability exist, or that grounds exist and the relevant
						  application and appeals have been pursued.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCOUNTS WITH A BANK › Section 11.111 - FDIC coverage

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall maintain accounts at a bank
						  covered by the Federal Deposit Insurance Corporation and approved by the State
						  Treasurer. The accounts shall include a checking and savings account. Conserved
						  funds shall, to the extent possible, be placed in a savings account,
						  certificates of deposit, or other FDIC-insured accounts.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ACCOUNTS WITH A BANK › Section 11.112 - Interest

Current through Register Vol. 54, No. 28, July 13, 2024
Interest earned on accounts shall be periodically
						  allocated to each client's account balance at the time the interest is
						  calculated.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ASSISTANCE TO COMPETENT CLIENTS AND OTHERS IN MONEY MANAGEMENT › Section 11.121 - Assistance to competent patients

Current through Register Vol. 54, No. 28, July 13, 2024
With the written approval of the patient/resident, the
						  Guardian Officer shall assist competent patients/residents in managing their
						  funds. Patients/residents shall be informed of the availability of this
						  assistance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › ASSISTANCE TO COMPETENT CLIENTS AND OTHERS IN MONEY MANAGEMENT › Section 11.122 - Services

Current through Register Vol. 54, No. 28, July 13, 2024
Among the services that shall be offered by the
						  Guardian Officer, in conjunction with other institutional employes, are the
						  following:
(1) Providing access to, in
						person or by agent, and transportation to and from, local banks and savings
						institutions of each resident's choice. Banking by mail shall also be permitted
						and assisted.
(2) Providing for
						secure interim safekeeping of patient/resident property if the patient/resident
						so desires.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › CHANGE IN CLIENT STATUS › Section 11.131 - Petition for removal of guardianship

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a patient/resident for whom the Guardian
						  Officer serves as a guardian is determined to be competent in accordance with
						  §§
												11.151-11.154 (relating to
						  redeterminations of competency), the Guardian Officer shall request the Office
						  of legal Counsel to petition for removal of the guardianship and shall inform
						  the benefit-issuing agency of the patient's/resident's
						  status.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › CHANGE IN CLIENT STATUS › Section 11.132 - Transfer or discharge

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever a patient/resident for whom a Guardian Officer
						  serves as guardian transfers to another institution or is discharged, but
						  remains incompetent, the Guardian Officer shall inform the benefit-issuing
						  agency and request the assistance of the Office of Legal Counsel in securing a
						  new guardian or payee as required. Pending formal transfer of the guardianship
						  appointment, the Guardian Officer of the former institution shall cooperate
						  with the Guardian Office of the new institution to insure that funds are
						  available for the client's needs.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › DEATH OF A PATIENT/RESIDENT › Section 11.141 - Duties of Guardian Officer

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the death of a patient/resident for whom the
						  Guardian Officer serves as guardian or payee, the Guardian Officer
						  shall:
(1) Comply with all applicable
						reimbursements of the Probates, Estates, and Fiduciary Code regarding
						termination of the guardianship.
(2) Expend any death benefits in accordance
						with the rules and regulations of the benefit-issuing agency.
(3) Return conserved funds to the
						benefit=issuing agency, if required by the statutes and regulations governing
						such funds.
(4) Release all
						conserved funds (with the exception of those covered in paragraph (3)),
						together with all outstanding bills, to the executor or administrator of the
						patient's/resident's estate, if any. Funds may be released upon presentation of
						letters of administration, a short certificate, or other appropriate and
						reliable evidence indicating that one person is the legally authorized
						representative.
(5) If, within 90
						days of the date of death, documentation is not received that a legally
						authorized representative of the estate has been appointed, escheat proceedings
						shall be initiated.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › DEATH OF A PATIENT/RESIDENT › Section 11.142 - Summary report

Current through Register Vol. 54, No. 28, July 13, 2024
The Superintendent's Office, shall, individually within
						  3 days, inform the Guardian Officer of patients who have been discharged,
						  transferred or died. A monthly report summarizing these actions should also be
						  prepared and submitted.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › REDETERMINATIONS OF COMPETENCY › Section 11.151 - Procedure for redetermination

Current through Register Vol. 54, No. 28, July 13, 2024
The Guardian Officer shall insure that competency
						  redeterminations are made in accordance with these sections. These
						  redeterminations shall consider whether the patient/resident for whom the
						  Guardian Officer serves as guardian (or payee for SSI recipients) remains
						  incompetent as defined in the Probates, Estates, and Fiduciary Code. The
						  Guardian Office shall, in addition, act to continuously review the status of
						  the client's competency and to seek competency reviews by all appropriate
						  means, so as to terminate the guardian function as soon as the client is
						  competent.
This section cited in 55 Pa. Code §
														11.131 (relating to petition for
							 removal of guardianship).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › REDETERMINATIONS OF COMPETENCY › Section 11.152 - Psychiatric review

Current through Register Vol. 54, No. 28, July 13, 2024
For mentally ill patients, a psychiatrist shall review
						  the patient's symptoms, diagnosis, medical records and history every 6 months
						  to formulate an opinion regarding the patient's competence.
This section cited in 55 Pa. Code §
														11.131 (relating to petition for
							 removal of guardianship); and 55 Pa. Code §
														11.153 (relating to psychological
							 review).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › REDETERMINATIONS OF COMPETENCY › Section 11.153 - Psychological review

Current through Register Vol. 54, No. 28, July 13, 2024
For mentally retarded persons, a review of competency
						  as in §
												11.152 (relating to psychiatric
						  review) shall be conducted by a psychologist at the following intervals:
(1) For those persons who are severely or
						profoundly impaired in adaptive behavior as well as intellectual functionings,
						as defined by the American Association for Mental Disability, reviews shall
						occur every 2 years.
(2) For all
						other persons, 1 year.
This section cited in 55 Pa. Code §
														11.131 (relating to petition for
							 removal of guardianship).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › REDETERMINATIONS OF COMPETENCY › Section 11.154 - Method of review

Current through Register Vol. 54, No. 28, July 13, 2024
These reviews shall be conducted in the manner of the
						  initial determinations of competency.
This section cited in 55 Pa. Code §
														11.131 (relating to petition for
							 removal of guardianship).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 11 - FISCAL ADVOCACY › Subchapter B - APPOINTMENT OF GUARDIAN OR PAYEE › TRAINING › Section 11.161 - Training for institutional staff

Current through Register Vol. 54, No. 28, July 13, 2024
The Director of the Bureau of Guardianship Programs
						  will seek to establish training programs for social services and other
						  institutional staff regarding means for encouraging self-dependence and
						  financial competency among patients/residents and, for those who have guardians
						  appointed, programs to alert the staff to regained
						  competency.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is applicable in institutions operated by the
					 Department, regardless of the type of facility, patient/resident composition or
					 services covered. Facilities covered include Youth Development Centers, Youth
					 Forestry Camps, Restoration Centers, State general hospitals and State-operated
					 institutions for individuals with a mental illness or an intellectual
					 disability.
The provisions of this §
												13.1 amended under sections 201(2)
						and (8) and 202 of the Mental Health and Intellectual Disability Act of 1966
						(50
						P.S. §§
													4201(2) and
						(8) and
						4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.2 - Definitions of restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Restraints include devices and techniques designed and used to control acute or
				  episodic aggressive behavior or involuntary movement of patients/residents.
				  Restraints do not include general protective security measures adopted in
				  various institutions, including locked wards; special security measures adopted
				  in Youth Development Centers and Youth Forestry Camps, maximum security State
				  hospital or forensic units in State mental hospitals; or specific security
				  measures ordered by a court. Restraints can be classified according to the
				  method used to control behavior as:
(1)
				  Mechanical restraints.
(2) Chemical
				  restraints.
(3)
				  Seclusion.
(4) Exclusion.
(5) Psychological restraints.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.3 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Restraints
				  shall be employed only when necessary to protect the patient/resident from
				  injuring himself or others, or to promote normal body positioning and physical
				  functioning.
(b) Restraints shall
				  not be employed as punishment, for the convenience of staff, as a substitute
				  for program, or in any way that interferes with the treatment program.
				  Restraints shall not be applied unless other available techniques or resources
				  have failed, and the least possible restrictions shall be used.
(c) Individual program plans, developed for
				  patients/residents in accordance with applicable statutes and regulations,
				  shall have goals and methods aimed at treating and eliminating behavior
				  necessitating the use of restraints. Efforts shall similarly be made by
				  employes to reduce the need for restraints by utilizing therapeutic approaches
				  such as goal planning aimed at redirecting and releasing aggression through
				  healthy channels, counseling, and withdrawing a patient/resident from an
				  overstimulating environment.
(d)
				  The Superintendent/Director is administratively responsible for insuring that
				  restraints are imposed only in accordance with this chapter. The
				  Superintendent/Director is responsible for insuring that employes shall know
				  specific procedures, methods and steps to follow in instituting this chapter
				  and that they are familiar with this chapter and the criteria for their
				  application.
(e) Each institution
				  must prepare a restraint plan describing specific procedures for use by
				  employes in implementing this chapter. The plan must be submitted through the
				  appropriate Regional Deputy Secretary and Regional Program Commissioner for
				  approval by the Executive Deputy Secretary and appropriate program Deputy
				  Secretary. Each plan shall specifically describe a restraint training program
				  including refresher courses to be offered to employes working with
				  patients/residents. The plan must also include a procedure for monitoring the
				  implementation and application of this chapter. A specific individual or
				  committee may be designated for this purpose.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.4 - Use of restraints to control involuntary movement due to organic causes or conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Mechanical restraints controlling involuntary movement or lack of muscular
				  control of patients/residents when due to organic causes or conditions, are to
				  be employed only as part of an individual program plan, upon a finding by a
				  member of the program team trained in the use of restraints that a particular
				  restraint is necessary. The least restrictive restraints adequate to meet the
				  goals in paragraphs (1) and (2) shall be used. These restraints shall be
				  applied in accordance with principles of good body alignment, concern for
				  circulation, and allowance for changes of position or exercise on a regular
				  basis. Mechanical restraints shall do one of the following:
(1) Prevent a patient/resident from injuring
				  himself and others.
(2) Promote
				  normative body positioning and physical functioning.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.5 - Use of restraints to control acute or episodic aggressive behavior

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				  policy.
Restraints designed to control acute or episodic aggressive
				  behavior of patients/residents shall be employed only in accordance with the
				  procedures and standards set forth in subsection (b). Individual program plans
				  shall attempt to treat the behavior necessitating the use of restraints.
				  Employes shall attempt to prevent this behavior by recognizing indications of
				  impending behavior and intervening in a positive, constructive manner to
				  prevent hyperactivity or assaultiveness.
(b)
Standards.
(1) Restraints shall be used to control acute
				  or episodic aggressive behavior when a patient/resident is acting in a manner
				  as to be a clear and present danger to himself, to other patients/residents, or
				  to employes, and only when less restrictive measures and techniques have proven
				  to be or are less effective.
(2)
				  The use of restraints, the conduct necessitating the restraint, and alternative
				  methods which were unsuccessful in controlling the behavior shall be noted in
				  the patient's/resident's chart. The monitoring of patients/residents under
				  restraint shall be recorded in the chart.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.6 - Mechanical restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definitions.
Mechanical restraints used to control acute or
				  episodic aggressive behavior include anklets, wristlets, camisoles, muffs,
				  mitts with lock buckles, wrist straps, head straps, restraining sheets and
				  other similar devices.
(b)
Procedures.
(1) Qualified
				  mental health professional staff designated by the Superintendent/Director may
				  order use of mechanical restraints for a period not to exceed 2 hours. A
				  physician shall be promptly notified. This initial order may not be renewed or
				  extended by anyone before a physician examines the patient prior to doing
				  so.
(2) A patient's/resident's
				  treatment plan should indicate to the extent possible which physical restraints
				  may and may not be utilized in an emergency and should call attention to
				  possible physical problems which should be monitored. A patient/resident who is
				  subject to mechanical restraints should be checked at least every 15 minutes by
				  staff. Physical needs shall be met promptly.
(3) Opportunity for movement or exercise
				  shall be provided for a period of not less than 10 minutes during every 2 hours
				  in which the restraints are employed.
(4) The patient's/resident's chart shall
				  document that this subsection has been followed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.7 - Chemical restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
Chemical restraint shall mean the use of drugs or
				  chemicals for the specific and exclusive purpose of controlling acute or
				  episodic aggressive behavior by a patient/resident. Drugs administered on a
				  regular basis, as part of the treatment plan and for the purposes of treating
				  the symptoms of mental, emotional or behavioral disorders and for assisting the
				  patient/resident in gaining self control over his impulses, are not to be
				  considered chemical restraints.
(b)
Procedures.
(1) No chemical
				  restraints may be administered except upon the order of the
				  physician.
(2) A telephone order
				  may be accepted for medication intended for use as a chemical restraint in an
				  emergency situation only. A physician shall examine the patient/resident within
				  1 hour of the telephone order with due attention being paid to prior mental and
				  physical status and his history. Until a physician arrives, appropriate staff
				  shall monitor the patient's/resident's physical well being.
(3) In a nonemergency situation, a physician
				  shall examine the patient/resident prior to ordering medication as a chemical
				  restraint with due attention being paid to the patient's/resident's prior
				  mental and physical status and his history before drugs are administered.
				  Medication shall be administered at intervals and dosages whereby adequate
				  attention can be rendered to the patient's/resident's mental, physical and
				  motor responses and vital signs.
(4) Once the level of medication appropriate
				  to the circumstances has been determined, the patient's/resident's vital signs
				  must be monitored at appropriate intervals, and the patient/resident followed
				  and seen by a physician at periods appropriate to the circumstances, but at
				  least every 12 hours. For mental health facilities monitoring of vital signs
				  shall be conducted at least once in every 30 minute period.
(5) Proper documentation relating to the
				  effect of the medication shall be recorded by appropriate personnel.
(6) The Superintendent/Director or his
				  designee is responsible for monitoring all medications administered to a
				  patient/resident for the purpose of chemical restraint.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.8 - Seclusion

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Definition.
(1)
Seclusion.
(i) The placement
				  of a patient/resident in a locked room may be used as a therapeutic technique
				  only.
(ii) The patient's/resident's
				  request to spend time in a private unlocked room is not to be considered
				  seclusion and shall be granted if feasible and not therapeutically contra
				  indicated. Quarantine or other preventive health measures are not considered
				  seclusion.
(iii) In mental health
				  facilities children under 14 years of age requiring seclusion shall be
				  continuously monitored within or just outside the seclusion area by mental
				  health personnel, and the room shall not be locked or otherwise secured. Soft
				  inanimate objects shall be made available to the patient to permit the venting
				  of aggression.
(iv) Seclusion shall
				  be used only under the following conditions:
(A) When necessary to protect the
				  patient/resident or others from physical injury.
(B) To decrease the level of stimulation when
				  a patient/resident is in a state of hyperactivity.
(C) When less restrictive measures and
				  techniques have proven ineffective.
(D) Seclusion as defined in this paragraph
				  may not be employed in a State center for individuals with an intellectual
				  disability.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 13 - USE OF RESTRAINTS IN TREATING PATIENTS/RESIDENTS › Section 13.9 - Psychological restraints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Psychological restraints include those therapeutic regimes or programs which
				  involve the withholding of privileges and participation in
				  activities.
(b) Psychological
				  restraints may not affect the right of a patient/resident to basic sustenance,
				  clothing or shelter or communication with appropriate and responsible
				  persons-such as family members, attorneys, physicians, qualified program
				  specialists or clergymen.
(c) In
				  all cases, psychological restraints shall be in the nature of restrictions that
				  are therapeutically based, clinically justified and made part of the treatment
				  plan.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Applicability.
This chapter is applicable in institutions
				  operated by the Department, regardless of the type of facility,
				  patient/resident composition or services provided. Facilities covered include
				  Youth Development Centers, Youth Forestry Camps, Restoration Centers, State
				  general hospitals and State-operated institutions for individuals with a mental
				  illness or an intellectual disability. In those institutions serving children
				  covered by
				  23 Pa.C.S. §§
											6301-6386 (relating to Child Protective
				  Services Law) the facility shall also comply with the Departmental reporting
				  procedures applicable to this act and the procedures of § 7084,
				  Administrative Manual, relating to management of incidents and deaths. Nothing
				  in this chapter may be construed to limit or affect an employee's existing
				  appeal rights under Civil Service statutes or collective bargaining
				  agreements.
(b)
Definitions.
For purposes of this chapter, Department refers
				  to the Department of Human Services of the Commonwealth.
The provisions of this §
												14.1 amended under Articles IX and
						X of the Human Services Code (62 P.S. §§
													901-922 and
						1001-1088); and sections
						201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of
						1966 (50 P.S. §§
													4201(2) and
						(8) and
						4202).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.2 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is inherent
				  in the nature and dignity of an individual that he be accorded certain human
				  rights. The presence of a handicap in no way lessens these rights. Employes of
				  the Department are duty bound to recognize the rights of a patient/resident who
				  has been entrusted to the Department for care and treatment. Employes are
				  subject to a continuing obligation to deal with a patient/resident in the most
				  humane manner possible.
(b) An
				  employe may not commit an act of physical or emotional abuse against a
				  patient/resident, inmate, or trainee in an institution under the direct
				  ownership and operation of the Department. Violation of this standard will
				  subject an employe to disciplinary action, including possible
				  dismissal.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.3 - Employe's obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  employe has a primary duty to respect the rights of a patient/resident, to
				  treat them with dignity and to prevent others from violating their rights. An
				  employe witnessing or having knowledge of an act of abuse to a patient/resident
				  is obligated to report it to an appropriate individual designated by the
				  Superintendent/Director. Failure to do so will be considered a serious
				  violation of an employe's responsibility concerning the care of
				  patients/residents and may subject the employe to disciplinary action.
(b) The disciplinary action to be
				  taken in situations involving the falsification of records relating to an act
				  of abuse or the reporting of it will depend upon the specific circumstances
				  involved. Similarly, the disciplinary action to be taken against employes who
				  have reported an incident of patient/resident abuse and later refuse to testify
				  with respect to the incident, as well as an employe who refuses to answer
				  reasonable questions regarding duties as they relate to patient care will
				  depend upon the specific circumstances involved.
(c) An employe has an obligation to be
				  familiar with and adhere to this policy. With cooperation from employes at all
				  levels, it is possible to guarantee the patient/resident the respect and
				  dignity that are their right as fellow human beings.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.4 - Obligations of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Department has an obligation to see that the rights of both the
				  patient/resident and the employe are protected by following established
				  policies and procedures and by carrying out personnel actions in a fair and
				  consistent manner without undue delay.
(b) The Department also has an obligation,
				  through training and opportunity for discussion, to assure understanding of
				  policies by employes. The Department recognizes its responsibility to provide
				  employes with training to prevent or allay situations which would result in
				  more restrictive measures for the patient/resident without early intervention
				  or redirection.
(c) It is the
				  responsibility of the Superintendent/Director to notify immediately an employe
				  charged with abuse of the nature of the alleged abuse, when and where it is
				  alleged to have occurred, and the name of the patient/resident alleged to have
				  been abused, and to follow the procedure of §
										14.8 (relating to investigation of
				  abuse).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.5 - Definition of abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An abusive
				  act is an act or omission which may cause or causes actual physical or
				  emotional harm or injury to a patient/resident, or an act which willfully
				  deprives a patient/resident of his rights as defined by the Department. An act
				  of abuse directed against a patient/resident is prohibited and is cause for
				  disciplinary action including dismissal, and possible criminal
				  prosecution.
(b) Questions may
				  arise as to what actions constitute abuse of a patient/resident. An action
				  which may cause or causes actual physical or emotional harm or injury, which is
				  not caused by simple negligence, constitutes abuse. An action such as striking
				  or kicking a patient/resident, restraining a patient/resident improperly or
				  without authorization, and other actions which can be seen as causing physical
				  pain to a patient/resident are strictly forbidden. An act such as teasing,
				  humiliating, degrading or intentionally ignoring a patient/resident, may
				  constitute abuse and will be dealt with no less severely than acts causing
				  physical injury.
(c) Nonaction
				  which results in emotional/physical injury is viewed in the same manner as that
				  caused by improper or excessive action. Actions in which employes engage with
				  patients/residents shall have as their legitimate goal, the healthful, proper
				  and humane care and treatment of the patient/resident.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.6 - Patient/resident discipline

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter in no way prohibits the concept of discipline,
					 thoughtfully and properly applied for a patient/resident. An approved form of
					 discipline described, planned and documented in the treatment programs, such as
					 those outlined in therapy programs and behavior shaping programs, is not
					 considered abuse. Self-discipline is a necessary skill that people must learn,
					 and is one which responsible employes cannot ignore.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.7 - Restraint and self-defense

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Occasionally, an employe may be called upon to defend himself or others from a
				  patient/resident. This is a time when an employe shall show maximum
				  self-control and self-discipline to insure that he uses only the minimum amount
				  of force necessary in a given situation.
(b) When an employe is called upon to
				  restrain a patient/resident under proper restraint procedures, the least amount
				  of force necessary, applied intelligently, will not only insure that a
				  patient's/resident's rights are not violated but, more appropriately, assist
				  that patient/resident in regaining self-control.
(c) An employe should attempt to prevent
				  patient/resident behavior leading to a situation in which restraints or other
				  physical action will be necessary by recognizing indications of impending
				  hyperactivity or assaultiveness and intervening in a positive, constructive
				  manner. Examples are involving the patient/resident in other activities,
				  removing the source of over-stimulation, giving the patient/resident a chance
				  to get away or to relax. These actions and actions of self-defense shall be
				  undertaken with maximum self-control and discipline, and should involve the
				  least force necessary.
(d) Prudent
				  self-defense that does not seek to cause harm to the patient/resident will,
				  inevitably, not only protect the employe from harm, but will make it easier to
				  control and calm the patient/resident who is disturbed. An employe who feels
				  the necessity of defending himself in an assertive, forceful manner should be
				  cognizant of the requirement to be able to demonstrate that alternative action
				  was not reasonably available and that the minimum amount of force necessary was
				  used.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.8 - Investigation of abuse

Current through Register Vol. 54, No. 28, July 13, 2024
The Superintendent/Director is responsible to receive and
					 investigate reports of abuse, but may designate persons to receive and
					 investigate the reports. When abuse is reported, the following procedures shall
					 be followed:
(1) The
				  Superintendent/Director or designee interviews and secures information in
				  writing concerning the reported incident from the reporting party and the
				  involved patient/resident where possible, and other possible witnesses. The
				  employe involved shall be interviewed and a signed written statement about the
				  incident secured from him. An employe may be accompanied by a representative
				  during the interview. An employe suspected of abuse or believed to be a witness
				  to an act of abuse who refuses to answer reasonable questions may, on that
				  basis, be subject to disciplinary action.
(2) If the circumstances of the alleged abuse
				  are satisfactorily explained by the employe to the facility director, the
				  investigation is terminated. The employe's record may not contain a record of
				  the alleged incident or investigation.
(3) If the initial investigation produces
				  evidence indicating that an employe committed or contributed to the alleged
				  abuse, the investigation is continued. During the period of investigation, the
				  employe, depending on the nature of the offense and circumstances shall be
				  reassigned to one of the following:
(i)
				  Permitted to remain on duty, but assigned to non-patient related duties, if
				  available, as determined by institutional management.
(ii) Suspended pending
				  investigation.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart B - Rights › Chapter 14 - ABUSE OF PATIENTS/RESIDENTS › Section 14.9 - Categories of abuse

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Minor abuse.
An act or omission which may cause or causes
				  non-serious emotional or physical harm or injury to the patient/resident, where
				  it is reasonable to believe that harm or injury would result.
(b)
Serious abuse.
An act or
				  omission which may cause or causes serious emotional or physical harm or
				  injury, where it is reasonable to believe that harm or injury would
				  result.
(c)
Negligent
				  abuse.
An act or omission which causes emotional or physical injury to
				  the patient/resident, done carelessly and unintentionally, and which falls
				  markedly below the reasonable standards of conduct expected of employes in
				  performing their jobs.
(d)
Violation of this title.
An act intentionally done, which
				  violates regulations relating either to patient's/resident's rights or to his
				  care, where failure to so observe the regulation may lead to the
				  patient/resident receiving emotional or physical injury or harm.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › GENERAL PROVISIONS › Section 20.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to specify:
(1) Procedures for the application for a
					 certificate of compliance.
(2)
					 Frequency and content of Departmental inspections.
(3) Procedures for the preparation and
					 issuance of a certificate of compliance.
(4) Conditions under which a certificate of
					 compliance may be denied, not renewed, or revoked.
(5) Departmental licensure or approval
					 decisions that may be appealed.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › GENERAL PROVISIONS › Section 20.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 applies to facilities and agencies subject to licensure or approval under
					 Articles IX and X of the Human Services Code (62 P.S. §§
												901-922 and
					 1001-1080).
(b) This chapter applies in addition to
					 applicable program licensure or approval regulations.
The provisions of this §
													20.2 amended under Articles IX and
						  X of the Human Services Code (62 P.S. §§
														901-922 and
						  1001-1088).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › GENERAL PROVISIONS › Section 20.3 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
The legal authority for this chapter is Articles IX and X
						of the Public Welfare Code (62 P.S. §§
												901-922 and
						1001-1080).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › LEGAL ENTITY › Section 20.11 - Responsibility

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to complying with the procedural regulations
						set forth in this chapter, the legal entity shall comply with the Department's
						program licensure or approval regulations for the particular type of facility
						or agency which the legal entity operates.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › LEGAL ENTITY › Section 20.12 - Corporations

Current through Register Vol. 54, No. 28, July 13, 2024
If the legal entity is a corporation, it shall submit a
						copy of the articles of incorporation to the Department at the time of initial
						application for a certificate of compliance.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › LEGAL ENTITY › Section 20.13 - Responsible person

Current through Register Vol. 54, No. 28, July 13, 2024
The legal entity shall specify in writing at the time of
						application and reapplication the name of the person who is responsible for the
						daily operation of the facility or agency.
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › APPLICATION › Section 20.21 - Application form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The legal
					 entity responsible for a facility or agency subject to approval under Article
					 IX of the Public Welfare Code (62 P.S. §§
												901-922) shall submit an application for a
					 certificate of compliance prior to the inspection and issuance of a certificate
					 of compliance by the Department.
(b) The legal entity responsible for a
					 facility or agency subject to licensure under Article X of the Public Welfare
					 Code (62 P.S. §§
												1001-1080) shall submit an application for a
					 certificate of compliance prior to commencing operation of the facility or
					 agency and may not commence operation until notified that a certificate of
					 compliance will be issued.
(c) The
					 application for a certificate of compliance shall be completed and submitted on
					 the form prescribed and provided by the Department.
(d) The legal entity shall complete and
					 submit a separate application for a certificate of compliance for each facility
					 or agency subject to licensure or approval.
(e) The legal entity shall report on the
					 application for a certificate of compliance fictitious names which are required
					 by statute to register with the Department of State under
					 54 Pa.C.S. §§
												301-332 (relating to fictitious
					 names).
This section cited in 55 Pa. Code §
													20.22 (relating to
						  reapplication).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › APPLICATION › Section 20.22 - Reapplication

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the legal
					 entity intends to continue operating the facility or agency, it shall complete
					 and submit to the Department an application for a certificate of compliance at
					 least 60 days prior to the expiration of the facility's or agency's existing
					 regular or provisional certificate of compliance.
(b) Application for renewal of a certificate
					 of compliance shall be made in accordance with §
											20.21 (relating to application
					 form).
Pennsylvania Code › Title 55 - HUMAN SERVICES › Part I - Department of Human Services › Subpart C - Licensing/Approval › Chapter 20 - LICENSURE OR APPROVAL OF FACILITIES AND AGENCIES › INSPECTION › Section 20.31 - Annual inspection

Current through Register Vol. 54, No. 28, July 13, 2024
An authorized agent of the Department will conduct an
						on-site inspection of a facility or agency at least once every 12
						months.