PRINTER'S NO. 257
No. 259 Session of 2001
INTRODUCED BY ORIE, TIGUE, THOMAS, WOJNAROSKI, LAUGHLIN, COY,
BEBKO-JONES, GEORGE, READSHAW, FRANKEL, WASHINGTON, PISTELLA,
SOLOBAY, PRESTON, KENNEY, HARHART, R. MILLER, C. WILLIAMS,
DALEY, RUBLEY, HENNESSEY, E. Z. TAYLOR, SCRIMENTI, JOSEPHS,
SATHER, HARHAI, PETRARCA, EACHUS, SEMMEL, McCALL AND
STEELMAN, JANUARY 29, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 29, 2001
AN ACT
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," providing for aftercare plans for persons under
7 treatment prior to discharge from treatment.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of July 9, 1976 (P.L.817, No.143), known
11 as the Mental Health Procedures Act, is amended by adding a
12 section to read:
13 Section 108.1. Aftercare Directives.--(a) Every person who
14 is under treatment under this act including treatment under
15 section 116, and the person's conservator, guardian or other
16 legally authorized representative shall, prior to discharge from
17 a facility as defined in section 103, be give a written
18 aftercare plan.
1 (b) The written aftercare plan shall include, to the extent
2 known, all of the following components:
3 (1) The nature of the illness and follow-up required.
4 (2) Medications including side effects and dosage schedules.
5 If the patient was given an informed consent form with his or
6 her medications, the form shall satisfy the requirement for
7 information on side effects of the medications.
8 (3) Expected course of recovery.
9 (4) Recommendations regarding treatment that are relevant to
10 the person's care.
11 (5) Referrals to providers of medical and mental health
12 services.
13 (6) Notification of the person's right to use advance
14 directives, in accordance with a form established by the
15 department for this purpose. The notification shall also inform
16 the person that he or she is not required to use an advance
17 directive, and that discharge is not contingent upon the
18 person's decision to use an advance directive.
19 (7) Other relevant information.
20 (c) The person shall be advised by facility personnel that
21 he or she may designate another person to receive a copy of the
22 aftercare plan. A copy of the aftercare plan shall be given to
23 any person designated by the person.
24 (d) A person discharged from treatment under section 116 may
25 refuse any or all services under the written aftercare plan.
26 (e) The provisions of section 111 shall not apply to any
27 person who is authorized to receive an aftercare plan.
28 (f) The department shall convene an advance directive work
29 group to produce a model advance directive form, in order to
30 promote uniformity and facilitate use of advance directives. The
20010H0259B0257 - 2 -
1 work group shall consist of, but not be limited to, mental
2 health consumers, family members of mental health consumers,
3 representatives of county mental health departments, consumer
4 advocates, and representatives of mental health inpatient and
5 outpatient families and agencies.
6 Section 2. This act shall take effect July 1, 2001.
L26L50JAM/20010H0259B0257 - 3 -