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55 Pa. Code § 5100.2. Definitions.

§ 5100.2. Definitions.

 The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

   Act—The Mental Health Procedures Act (50 P. S. § §  7101—7503).

   Administrator—The person appointed to carry out the duties specified in section 305 of the Mental Health and Mental Retardation Act of 1966 (50 P. S. §  4305).

   Agency—An instrumentality of the United States, its departments and agencies, including the Veterans’ Administration.

   Approved facility—A facility as defined by section 103 of the act (50 P. S. §  7103) which meets the standards of this chapter and other applicable Department regulations or obtains an exemption in writing from the Department under section 105 of the act (50 P. S. §  7105).

   Behavorial consent—A demonstrated willingness by the patient to remain voluntarily in the facility based upon a general understanding of the nature of the usual treatment, possible restraints upon free activity, and daily life within the facility. A general understanding may be shown by a finding that a person in treatment has participated in scheduled activities and does not protest continued participation.

   County of residence—The county wherein the person had a legal residence prior to being admitted or committed to an approved facility for treatment.

   Designated facility—The approved facility named by the county administrator as a provider of one or more specific services. A facility so designated, either on a general basis or on a case by case basis must be identified in the county annual plan. The administrator shall address the public’s need to know where and how they can obtain services under the act.

   Director—The administrative head of a facility, including a superintendent or his designee.

   Director of treatment team—A physician or licensed clinical psychologist designated by the facility director to assure that each patient receives treatment under the act and this chapter and that the facility’s treatment responsibility to the patient, as defined in this chapter, the Mental Health/Mental Retardation Act of 1966 and the act, are discharged. The director of the treatment team is responsible for implementing and reviewing the individualized treatment plan, for participating in the coordination of service delivery between other service providers, and for insuring that the unique skills and knowledge of each team member are utilized. The director of the treatment team is responsible for encouraging the person in treatment to become increasingly involved in decisions regarding the treatment planning process.

   Expert in the field of mental health—A mental health professional whose training, experience and demonstrated achievements clearly exceed the minimum standards required for recognition as a professional in his discipline, and whose broad-based skills and knowledge in his specific areas of specialty are recognized by the members of his profession to be at the highest level.

   Health professional in mental health—A person who by years of education, training, and experience in mental health settings has achieved professional recognition and standing as defined by their respective discipline, including, but not limited to medicine, social work, psychology, nursing, occupational therapy, recreational therapy, and vocational rehabilitation; and who has obtained if applicable, licensure, registration, or certification.

   Inpatient treatment—All treatment that requires full-time or part-time residence in a facility as defined in section 103 of the act (50 P. S. §  7103).

   Involuntary emergency examination—The physical and mental evaluation by a physician of an individual taken to a facility under section 302 of the act (50 P. S. §  7302).

   Involutary emergency treatment—The treatment provided to an individual taken to a facility under section 302 of the act (50 P. S. §  7302). Such treatment in the absence of the individual’s consent, shall be limited to that treatment which is necessary to protect the life or health, or both, of the individual or to control behavior by the individual which is likely to result in physical injury to others.

   Least restrictive alternate—The least restrictive placement or status available and appropriate to meet the needs of the patient and includes both restrictions on personal liberty and the proximity of the treatment facility to the person’s natural environment. This concept stresses the importance of helping each person in need of services to seek those services voluntarily. The degree of restriction or the degree of separation from the natural environment is dependent upon both the severity of the person’s dysfunction and his strengths and resources to function in that environment. The range of treatment alternatives, stemming from the patient’s natural environment, through supportive services to 24-hour hospitalization, must be considered in light of the person’s capability of handling daily tasks and stress and the need, if any, for varying degrees of support or supervision.

   Licensed clinical psychologist—A psychologist licensed under the act of March 23, 1972 (P. L. 136, No. 52) (63 P. S. § §  1201—1215) who holds a doctoral degree from an accredited university and is duly trained and experienced in the delivery of direct preventive assessment and therapeutic intervention services to individuals whose growth, adjustment, or functioning is actually impaired or is demonstrably at risk of impairment.

   Mental illness—Those disorders listed in the applicable APA Diagnostic and Statistical Manual; provided however, that mental retardation, alcoholism, drug dependence and senility do not, in and of themselves, constitute mental illness. The presence of these conditions however, does not preclude mental illness.

   Mental Health and Mental Retardation Act of 1966—The act of October 20, 1966 (P. L. 96, No. 3) (50 P. S. § §  4101—4704).

   Peace officer—Any person who by virtue of his office of public employment is vested by law with a duty to maintain public order, to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or any person on active State duty under section 311 of The Military Code of 1949 (51 P. S. §  1-311). Prison wardens and guards shall be considered peace officers for purposes of the act.

   Physician—A person licensed to practice medicine or osteopathy in this Commonwealth.

   Preliminary evaluation—The initial assessment or evaluation of the physical and mental condition of an individual; it may be conducted without substantiation by formal testing procedures. The evaluation includes an assessment of the person’s specific physical, psychological, developmental, familial, educational or vocational, social, and environmental needs in order to determine the adequacy, of the person’s logic, judgment, insight, and self control to responsibly meet his needs.

   Qualified mental health personnel—A person employed in the fields of mental health care, treatment or rehabilitation whose experience, training, and supervision is commensurate with his assigned tasks and who has not yet met the criteria of his own profession for recognition as a health professional. Such persons shall work in programs which are under the direction of mental health professionals.

   Treatment plan—An individualized plan of treatment as defined in section 107 of the act (50 P. S. §  7107), which imposes the least restrictive alternative consistent with affording the person adequate and appropriate treatment for his condition.

   Treatment team—An interdisciplinary team of at least three persons appointed by the facility director, composed of mental health professionals, health professionals and other persons who may be relevant to the patient’s treatment. At least one member of the team shall be a physician. The treatment team shall formulate and review an individualized treatment plan for every person who is in treatment under the act. The treatment team shall consult with appropriate professionals regarding the inclusion in the treatment plan of specific modalities not within the training or experience of the members of the treatment team.

Cross References

   This section cited in 55 Pa. Code §  5100.71 (relating to voluntary examination and treatment).

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