Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

55 Pa. Code § 5100.77. Discharge from voluntary inpatient treatment.

§ 5100.77. Discharge from voluntary inpatient treatment.

 (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.



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