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 5100.84 - Persons who may be subject to involuntary emergency examination and treatment

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Persons 14 through 17 years of age may be subject to involuntary emergency
					 examination and treatment only in an approved mental health facility capable of
					 providing a treatment program appropriate to the person. Persons 5 through 13
					 years of age may be subject to involuntary emergency examination and treatment
					 only in an approved mental health facility capable of providing a treatment
					 program appropriate to the child. Persons from birth through 4 years of age may
					 be subject to involuntary emergency examination and treatment only in a mental
					 health facility capable of providing a treatment program appropriate to the
					 child. Should no such facility exist within the county of residence, the
					 nearest appropriate facility shall be designated by the county administrator.
					 Longer term involuntary treatment for the age groups listed in this section,
					 must be conducted by agencies with age appropriate programs which are approved
					 by the Department and designated by the county administrator when public monies
					 are utilized for treatment.
(b)
					 Persons 18 years of age and older may be subject to involuntary emergency
					 examination at an approved facility designated for such purpose by the
					 administrator. Involuntary emergency treatment may be provided at the examining
					 facility or any other designated and approved facility appropriate to the
					 person's needs. Travel arrangements between the examining facility and the
					 treating facility shall be arranged as needed as soon as possible to permit
					 transportation appropriate to the person's needs.
(c) The determination of whether the
					 standards of clear and present danger are met should always include a
					 consideration of the person's probable behavior if adequate treatment is not
					 provided on either an emergency or subsequent basis.
(d) The standards of clear and present danger
					 may be met when a person has made a threat of harm to self or others; has made
					 a threat to commit suicide; or has made a threat to commit an act of mutilation
					 and has committed acts in furtherance of any such threats.
(e) Examining physicans should consider the
					 probability that the person would be unable without care, supervision, and the
					 continued assistance of others, to satisfy his need for nourishment, personal
					 or medical care, shelter or self-protection, and safety in accordance with
					 section 301(b)(2)(i) of the act (50 P. S. §
												7301(b)(2)(i)).
(f) When the petition for commitment filed
					 under section 301(b)(2)(i) alleges that a person poses a clear and present
					 danger to himself, clinical or other testimony may be considered which
					 demonstrates that the person's judgment and insight is so severely impaired
					 that he or she is engaging in uncontrollable behavior which is so grossly
					 irrational or grossly inappropriate to the situation that such behavior
					 prevents him from satisfying his need for reasonable nourishment, personal
					 care, medical care, shelter or self-protection and safety, and that serious
					 physical debilitation, serious bodily injury or death may occur within 30 days
					 unless adequate treatment is provided on an involuntary basis.
(g) An attempt under sections 301(b)(2)(ii)
					 and (iii) of the act (50 P. S. §
												7301(b)(2)(ii)
					 and (iii)), occurs:
(1) When a person clearly articulates or
					 demonstrates an intention to commit suicide or mutilate himself and has
					 committed an overt action in furtherance of the intended action; or
(2) When the person has actually performed
					 such acts.