Pennsylvania Code › Title 55 - HUMAN SERVICES › Part VII - Mental Health Manual › Subpart C - Administration and Fiscal Management › Chapter 5100 - MENTAL HEALTH PROCEDURES › INVOLUNTARY TREATMENT › Section 5100.90 - Transfers of persons in involuntary treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the treatment team or director of a
					 facility, or both, determine that a transfer of a person in involuntary
					 treatment is appropriate, they shall notify the county administrator of the
					 planned transfer, setting out the reasons for the transfer which shall then be
					 reviewed by the county administrator to determine whether the appropriate
					 services are available and to arrange for continuity of care if the person is
					 referred from a State mental health facility.
(b) Where a transfer of a person in
					 involuntary treatment will involve a transfer to another county, the county
					 administrator of the receiving county will be notified, and shall review the
					 transfer as in subsection (a).
(c)
					 Transfers of persons in involuntary treatment may only be made to an approved
					 facility during the term of any given commitment unless there is a court order
					 prohibiting such an action.
(d) A
					 patient's transfer from inpatient to partial hospitalization or outpatient
					 facilities or programs, or from a partial program to an outpatient program,
					 does not affect the original involuntary commitment order. Where a patient's
					 transfer will result in greater restraints being placed upon the patient, the
					 transfer shall occur only after a hearing when it is determined that the
					 transfer is necessary and supportive to the patient's treatment plan.
(e) For purposes of this section, an entire
					 State hospital or private psychiatric hospital shall be considered to be one
					 facility, except for those distinct parts designated as either forensic units
					 or intermediate care units.
(f)
					 Transfers within the mental health system of persons admitted or committed from
					 a prison or correctional facility shall not be effected without approval of the
					 court having criminal jurisdiction over the person.
(g) Except in an emergency, persons in
					 treatment under section 304(g)(2) of the act (50 P. S. §
												7304(g)(2)), may be
					 transferred if prior notice has been given to and no objection has been
					 received with 20 days from the judge and district attorney from the committing
					 court.
(h) In an emergency and on a
					 temporary basis, persons in treatment under section 304(g)(2) of the act, may
					 only be transferred for acute medical treatment when life or health would be in
					 immediate danger without such transfer. When such transfers are accomplished,
					 the court and district attorney of the committing court must be notified. The
					 expected duration of such transfer, security measures, and reasons for transfer
					 should be described in the notice.
(i) Transfers of persons in treatment under
					 section 304(g)(2) to a more secure facility in order to protect the person or
					 others from life threatening behavior must be ordered by the court.
(j) Interstate transfers of persons on
					 involuntary commitment status shall be coordinated by the Department's Office
					 of Interstate Compact.
This section cited in 55 Pa. Code §
													5100.78 (relating to transfer of
						  persons in involuntary treatment).