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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

55 Pa. Code § 5100.87. Extended involuntary emergency treatment not to exceed 20 days.

§ 5100.87. Extended involuntary emergency treatment not to exceed 20 days.

 (a)  Within 72 hours after initiation of emergency involuntary treatment, the treating facility shall reassess the mental condition of the individual receiving treatment and shall determine whether the need for involuntary emergency treatment is likely to extend beyond the initial 120 hours.

 (b)  Extended involuntary emergency treatment may include inpatient, partial hospitalization, outpatient or a combination of treatment modalities. In determining whether to extend the emergency involuntary treatment, the treatment team shall consider:

   (1)  The need for involuntary commitment.

   (2)  The optimal modality or setting for continued treatment.

 (c)  If the facility determines that extended emergency involuntary treatment is necessary, the facility shall:

   (1)  Immediately notify the person that an application for extended involuntary treatment will be filed and that the court will appoint an attorney to represent the person unless it appears that the person can afford and desires to have private representation.

   (2)  Immediately deliver an application upon Form MH-784 to the court or Mental Health Review Officer through the administrator’s office. Alternatively, any responsible person who has been involved in the emergency commitment process may act as petitioner. Applications need not be filed with or docketed by the prothonotary where the court so approves. If necessary, the court will appoint counsel for the patient.

   (3)  Immediately deliver an application upon Form MH-784 to the person subject to the proceedings and notify the parties identified by the person.

 (d)  Informal conference. The treatment facility shall present to the judge or mental health review officer all information it considers reliable and relevant to the determination as to whether the person is severely mentally disabled and in need of emergency treatment. The conference shall be informal, but conducted with decorum. Relevant information includes:

   (1)  Evidence of a person’s conduct upon which a determination of mental disability may be based. If the alleged conduct constituting clear and present danger has occurred within 30 days relevant conduct prior to the 30 day period may be presented:

   (2)  The reasons why extended involuntary treatment is considered necessary.

   (3)  A description of the treatment to be provided.

   (4)  An explanation of the adequacy and appropriateness of such treatment for the individual, including why such treatment poses the least restrictive alternative for the individual.

   (5)  Any other relevant information even if it would be normally excluded under rules of evidence may be offered to the judge or mental health review officer who will review such information if he or she believes it is reliable. Only in rare instances need a stenographic record be taken of the proceedings required under this section.

 (e)  Certification for extended emergency involuntary treatment.

   (1)  Certification for extended emergency involuntary treatment shall be made in writing on Form MH-784, issued by the Department.

   (2)  A certification filed and served shall remain in effect notwithstanding a petition for review of the certification, unless otherwise ordered by the court.

   (3)  Descriptions of proposed treatment shall be considered advisory only and shall be changed by the treatment team as the patient’s condition warrants.

 (f)  The opportunity for a person on involuntary inpatient status to receive treatment in an approved less restrictive program such as involuntary partial hospitalization or outpatient services may be accomplished through a transfer under section 306 of the act (50 P. S. §  7306). A commitment certification does not become void when a transfer from one program to another is executed.

 (g)  If the facility determines that extended emergency involuntary treatment is not necessary, it shall either accept the person for voluntary inpatient treatment or discharge the person and facilitate the person’s obtaining:

   (1)  Voluntary treatment at the facility best equipped to meet his needs.

   (2)  Report the person’s change of status and follow-up recommendations by referral for continuity of care to the county administrator, or both.

Notes of Decisions

   Although the MH784 form documenting certification had been completed only in abbreviated manner, that was adequate to fulfill the intent of the statute and the demands of the pertinent regulations. In Re: S.O., 492 A.2d 727 (Pa. Super. 1985).

Cross References

   This section cited in 55 Pa. Code §  5100.88 (relating to court-ordered involuntary treatment not to exceed 90 days); 55 Pa. Code §  5100.89 (relating to additional periods of court-ordered involuntary treatment not to exceed 180 days).

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