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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY MILLARD, BENNINGHOFF, CAUSER, DALEY, JAMES, MILNE, MUNDY, MURT, PICKETT, QUINN AND SCHMOTZER, OCTOBER 1, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 2012 |
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| AN ACT |
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1 | Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An |
2 | act relating to mental health procedures; providing for the |
3 | treatment and rights of mentally disabled persons, for |
4 | voluntary and involuntary examination and treatment and for |
5 | determinations affecting those charged with crime or under |
6 | sentence," in involuntary examination and treatment, further |
7 | providing for court-ordered involuntary treatment not to |
8 | exceed ninety days. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 304(b)(2), (c)(2) and (d) of the act of |
12 | July 9, 1976 (P.L.817, No.143), known as the Mental Health |
13 | Procedures Act, amended November 26, 1978 (P.L.1362, No.324), |
14 | are amended to read: |
15 | Section 304. Court-ordered Involuntary Treatment Not to |
16 | Exceed Ninety Days.--* * * |
17 | (b) Procedures for Initiating Court-ordered Involuntary |
18 | Treatment for Persons Already Subject to Involuntary |
19 | Treatment.--* * * |
20 | (2) The petition shall be in writing upon a form adopted by |
21 | the department and shall include a statement of the facts |
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1 | constituting reasonable grounds to believe that the person is |
2 | severely mentally disabled and in need of treatment. The |
3 | petition shall state the name of any examining physician or |
4 | certified registered nurse practitioner and the substance of his |
5 | opinion regarding the mental condition of the person. It shall |
6 | also state that the person has been given the information |
7 | required by subsection (b)(3). |
8 | * * * |
9 | (c) Procedures for Initiating Court-ordered Involuntary |
10 | Treatment for Persons not in Involuntary Treatment.--* * * |
11 | (2) The petition shall be in writing upon a form adopted by |
12 | the department and shall set forth facts constituting reasonable |
13 | grounds to believe that the person is within the criteria for |
14 | court-ordered treatment set forth in subsection (a). The |
15 | petition shall state the name of any examining physician or |
16 | certified registered nurse practitioner and the substance of his |
17 | opinion regarding the mental condition of the person. |
18 | * * * |
19 | (d) Professional Assistance.--A person with respect to whom |
20 | a hearing has been ordered under this section shall have and be |
21 | informed of a right to employ a physician, clinical |
22 | psychologist, certified registered nurse practitioner or other |
23 | expert in mental health of his choice to assist him in |
24 | connection with the hearing and to testify on his behalf. If the |
25 | person cannot afford to engage such a professional, the court |
26 | shall, on application, allow a reasonable fee for such purpose. |
27 | The fee shall be a charge against the mental health and mental |
28 | retardation program of the locality. |
29 | * * * |
30 | Section 2. This act shall take effect in 60 days. |
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