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PRINTER'S NO. 387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
384
Session of
2017
INTRODUCED BY READSHAW, DEASY, PASHINSKI, DRISCOLL, CALTAGIRONE,
WATSON, McNEILL, MILLARD, KINSEY, WARD, NEILSON, STAATS,
BOBACK, KORTZ, D. COSTA, IRVIN, A. HARRIS, ZIMMERMAN,
V. BROWN, DeLUCA, FARRY AND THOMAS, FEBRUARY 7, 2017
REFERRED TO COMMITTEE ON HUMAN SERVICES, FEBRUARY 7, 2017
AN ACT
Providing for involuntary treatment requirements and procedures
for individuals suffering from alcohol and other drug abuse;
and imposing duties on the Department of Health and the
Department of Drug and Alcohol Programs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Involuntary
Drug and Alcohol Treatment Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alcohol and other drug abuse." Alcoholism or drug
addiction.
"Another drug." A controlled substance as defined in section
2 of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
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"Danger" or "threat of danger to self, family or others."
Substantial physical harm or threat of substantial physical harm
upon self, family or others.
"Hospital." A facility licensed as a hospital under 28 Pa.
Code Pt. IV Subpt. B (relating to general and special
hospitals). The term does not include either a hospital operated
by the Department of Health and Department of Drug and Alcohol
Programs or an inpatient unit licensed by the Department of
Health and Department of Drug and Alcohol Programs.
"Intoxicated." Being under the influence of alcohol, another
drug or both alcohol and another drug and, as a result, having a
significantly impaired ability to function.
"Petitioner." An individual who institutes a proceeding
under this act.
"Qualified health professional." An individual who is
properly credentialed or licensed to conduct a drug and alcohol
assessment and diagnosis under the laws of this Commonwealth.
"Residence." The legal residence of an individual as
determined by applicable principles governing conflicts of law.
"Respondent." An individual alleged in a petition filed or
hearing under this act to be an individual who is suffering from
alcohol and other drug abuse and who may be ordered to undergo
treatment.
"Treatment." Services and programs for the care and
rehabilitation of intoxicated individuals and individuals
suffering from alcohol and other drug abuse. The term includes
residential treatment, a halfway house setting and an intensive
outpatient or outpatient level of care.
Section 3. Involuntary treatment for alcohol and other drug
abuse.
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A court of common pleas may order involuntary treatment for
an individual suffering from alcohol and other drug abuse
pursuant to the procedures set forth under this act.
Section 4. Criteria for involuntary treatment.
No individual shall be ordered to undergo treatment under
this act unless all of the following apply to that individual:
(1) The individual suffers from alcohol and other drug
abuse.
(2) The individual presents an imminent danger or
imminent threat of danger to self, family or others as a
result of alcohol and other drug abuse, or there exists a
substantial likelihood of such a threat in the near future.
(3) The individual can reasonably benefit from
treatment.
Section 5. Initiation of proceedings and petition.
(a) General rule.--An individual may initiate proceedings
for treatment for an individual suffering from alcohol and other
drug abuse by filing a verified petition in the court of common
pleas and paying a filing fee in the same amount, if any, that
is charged for a petition for involuntary treatment under the
act of July 9, 1976 (P.L.817, No.143), known as the Mental
Health Procedures Act. The petition and all subsequent court
documents shall be entitled: "In the interest of (name of
respondent)." A spouse, relative or guardian of the respondent
shall file the petition.
(b) Contents of petition.--A petition filed under this act
shall set forth all of the following:
(1) The petitioner's relationship to the respondent.
(2) The respondent's name, residence and current
location, if known.
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(3) The name and residence of the respondent's parents,
if living and if known, or of the respondent's legal
guardian, if any and if known.
(4) The name and residence of the respondent's spouse,
if any and if known.
(5) The name and residence of the individual having
custody of the respondent, if any, or if no such individual
is known, the name and residence of a near relative or a
statement that the individual is unknown.
(6) The petitioner's belief, including the factual basis
for the belief, that the respondent is suffering from alcohol
and other drug abuse and presents an imminent danger or
imminent threat of danger to self, family or others if not
treated for alcohol or other drug abuse.
(c) Certificate and statement.--The following shall apply:
(1) Any petition filed under this act shall be
accompanied by a certificate of a physician who has examined
the respondent within two days prior to the day that the
petition is filed in the court of common pleas. The physician
shall be authorized to practice medicine and surgery or
osteopathic medicine and surgery under the act of December
20, 1985 (P.L.457, No.112), known as the Medical Practice Act
of 1985, or the act of October 5, 1978 (P.L.1109, No.261),
known as the Osteopathic Medical Practice Act. The
physician's certificate shall set forth the physician's
findings in support of the need to treat the respondent for
alcohol and other drug abuse. The certificate shall indicate
if the respondent presents an imminent danger or imminent
threat of danger to self, family or others if not treated.
Further, the certificate shall indicate the type and length
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of treatment required and if the respondent can reasonably
benefit from treatment. If the physician's certificate
indicates that inpatient treatment is required, the
certificate shall identify any inpatient facilities known to
the physician that are able and willing to provide the
recommended inpatient treatment. If the respondent refuses to
undergo an examination with a physician concerning the
respondent's possible need for treatment for alcohol or other
drug abuse, the petition shall state that the respondent has
refused all requests made by the petitioner to undergo a
physician's examination. In that case, the petitioner shall
not be required to provide a physician's certificate with the
petition.
(2) Any petition filed under this act shall contain a
statement that the petitioner has arranged for treatment of
the respondent. Further, the petition shall be accompanied by
a statement from the individual or facility that has agreed
to provide the treatment that verifies that the individual or
facility has agreed to provide the treatment and the
estimated cost of the treatment.
(d) Deposit and guarantee.--Any petition filed under this
act shall be accompanied by both of the following:
(1) A security deposit to be deposited with the clerk of
the court of common pleas that will cover half of the
estimated cost of treatment of the respondent.
(2) A guarantee, signed by the petitioner or another
individual authorized to file the petition obligating the
guarantor to pay the costs of the examinations of the
respondent conducted by the physician and qualified health
professional under section 6(b)(5), the costs of the
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respondent that are associated with a hearing conducted in
accordance with section 6 and that the court determines to be
appropriate, and the costs of any treatment ordered by the
court.
Section 6. Examination, hearing and disposition.
(a) Examination.--Upon receipt of a petition filed under
section 5 and the payment of the appropriate filing fee, if any,
the court of common pleas shall examine the petitioner under
oath as to the contents of the petition.
(b) Requirements.--If, after reviewing the allegations
contained in the petition and examining the petitioner under
oath, it appears to the court of common pleas that there is
probable cause to believe the respondent may reasonably benefit
from treatment, the court shall do all of the following:
(1) Schedule a hearing to be held within seven days to
determine if there is clear and convincing evidence that the
respondent may reasonably benefit from treatment for alcohol
and other drug abuse.
(2) Notify the respondent, the legal guardian, if any
and if known, and the spouse, parents or nearest relative or
friend of the respondent concerning the allegations and
contents of the petition and of the date and purpose of the
hearing.
(3) Notify the respondent that the respondent may retain
counsel and, if the respondent is unable to obtain an
attorney, that the respondent may be represented by court-
appointed counsel at public expense if the respondent is
indigent. Upon the appointment of an attorney to represent an
indigent respondent, the court shall notify the respondent of
the name, address and telephone number of the attorney
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appointed to represent the respondent.
(4) Notify the respondent that the court shall cause the
respondent to be examined not later than 24 hours before the
hearing date by a physician for the purpose of a physical
examination and by a qualified health professional for the
purpose of a drug and alcohol addiction assessment and
diagnosis. In addition, the court shall notify the respondent
that the respondent may have an independent expert evaluation
of the individual's physical and mental condition conducted
at the respondent's own expense.
(5) Cause the respondent to be examined not later than
24 hours before the hearing date by a physician for the
purpose of a physical examination and by a qualified health
professional for the purpose of a drug and alcohol addiction
assessment and diagnosis.
(6) Conduct the hearing.
(c) Findings.--The physician and qualified health
professional who examine the respondent under subsection (b)(5)
or who are obtained by the respondent at the respondent's own
expense shall certify their findings to the court within 24
hours of the examinations. The findings of each qualified health
professional shall include a recommendation for treatment if the
qualified health professional determines that treatment is
necessary.
(d) Probable cause.--The following shall apply:
(1) If upon completion of the hearing held under this
section the court of common pleas finds by clear and
convincing evidence that the respondent may reasonably
benefit from treatment, the court may order the treatment
after considering the qualified health professionals'
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recommendations for treatment that have been submitted to the
court under subsection (c). If the court orders the
treatment, the court shall order the treatment to be provided
by a certified addiction counselor, an individual licensed or
certified under the act of December 20, 1985 (P.L.457,
No.112), known as the Medical Practice Act of 1985, or an
individual licensed or certified under the act of July 9,
1987 (P.L.220, No.39), known as the Social Workers, Marriage
and Family Therapists and Professional Counselors Act, or a
similar board of another state authorized to provide alcohol
and other drug abuse treatment.
(2) Failure of a respondent to undergo and complete any
treatment ordered under this act is contempt of court. Any
alcohol and drug addiction program or individual providing
treatment under this act shall notify the court of common
pleas of a respondent's failure to undergo or complete the
ordered treatment.
(e) No probable cause.--If, at any time after a petition is
filed under section 5, the court of common pleas finds that
there is not probable cause to continue treatment or if the
petitioner withdraws the petition, then the court shall dismiss
the proceedings against the respondent.
Section 7. Emergency involuntary treatment.
(a) General rule.--Following an examination by a qualified
health professional and a certification by that professional
that the respondent meets the criteria specified in section 4, a
court of common pleas may order the respondent hospitalized for
a period not to exceed 72 hours if the court finds by clear and
convincing evidence that the respondent presents an imminent
threat of danger to self, family or others as a result of
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alcohol and other drug abuse. However, if the hearing to be held
under section 6 will not be held within 72 hours, the court may
order the respondent hospitalized until the hearing. In making
its order, the court shall inform the respondent that the
respondent may immediately make a reasonable number of telephone
calls or use other reasonable means to contact an attorney, a
licensed physician or a qualified health professional, to
contact any other person to secure representation by counsel, or
to obtain medical or psychological assistance and that the
respondent will be provided assistance in making calls if the
assistance is needed and requested.
(b) Release.--Any respondent who has been admitted to a
hospital under subsection (a) shall be released from the
hospital immediately upon the expiration of the time period
established by the court for the hospitalization.
(c) Prohibition.--No respondent ordered hospitalized under
this section shall be held in jail pending transportation to the
hospital or evaluation unless the court of common pleas
previously has found the respondent to be in contempt of court
for either failure to undergo treatment or failure to appear at
the evaluation ordered under section 6.
Section 8. Summons.
When a court of common pleas is authorized to issue an order
that the respondent be transported to a hospital, the court may
issue a summons. If the respondent fails to attend an
examination scheduled before the hearing under section 6, the
court shall issue a summons. A summons so issued shall be
directed to the respondent and shall command the respondent to
appear at a time and place specified in the summons. If a
respondent who has been summoned fails to appear at the hospital
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or the examination, the court of common pleas may order the
sheriff or any other peace officer to transport the respondent
to a hospital on the list provided under section 9 for
treatment. The transportation costs of the sheriff or other
peace officer shall be included in the costs of treatment for
alcohol and other drug abuse to be paid by the petitioner.
Section 9. Lists of qualified hospitals and treatment
providers.
The Department of Health and the Department of Drug and
Alcohol Programs on at least an annual basis shall submit each
of the following lists to each clerk of the court of common
pleas in this Commonwealth:
(1) A list of all hospitals in the county that are able
and willing to take respondents ordered to undergo 72 hours
of treatment and observation under section 7.
(2) A list of hospitals and treatment providers in the
county that are able and willing to provide treatment for
alcohol and other drug abuse ordered under section 6.
Section 10. Civil rights and liberties of respondents.
Any individual treated under this act shall retain the
individual's civil rights and liberties, including the right not
to be experimented upon with treatment not accepted as good
medical practice without the individual's fully informed
consent, the right as an individual receiving services to
maintain the confidentiality of health and medical records, the
right as an individual detained for medical purposes to receive
adequate and appropriate treatment and the right to vote.
Section 11. Confidentiality of records pertaining to identity,
diagnosis or treatment.
(a) General rule.--Records or information, other than court
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journal entries or court docket entries, pertaining to the
identity, diagnosis or treatment of any individual receiving
treatment under this act shall be kept confidential, may be
disclosed only for the purposes and under the circumstances
expressly authorized under this section and may not otherwise be
divulged in any civil, criminal, administrative or legislative
proceeding.
(b) Consent.--If an individual, with respect to whom any
record or information referred to in subsection (a) is
maintained, gives consent in the form of a written release
signed by the individual, the content of the record or
information may be disclosed if the written release conforms to
all of the following:
(1) Specifically identifies the individual, official or
entity to whom the information is to be provided.
(2) Describes with reasonable specificity the record,
records or information to be disclosed.
(3) Describes with reasonable specificity the purposes
of the disclosure and the intended use of the disclosed
information.
(c) Exceptions.--The following shall apply:
(1) Disclosure of an individual's record may be made
without the individual's consent to qualified personnel for
the purpose of conducting scientific research, management,
financial audits or program evaluation, but these personnel
may not identify, directly or indirectly, any individual in
any report of the research, audit or evaluation, or otherwise
disclose an individual's identity in any manner.
(2) Upon the request of a prosecuting attorney or the
director of mental health and addiction services, a court of
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competent jurisdiction may order the disclosure of records or
information referred to under subsection (a) if the court has
reason to believe that a treatment program or facility is
being operated or used in a manner contrary to law. The use
of any information or record so disclosed shall be limited to
the prosecution of persons who are or may be charged with any
offense related to the illegal operation or use of the drug
treatment program or facility, or to the decision to withdraw
the authority of a drug treatment program or facility to
continue operation. The court shall:
(i) Limit disclosure to those parts of the
individual's record considered essential to fulfill the
objective for which the order was granted.
(ii) Require, where appropriate, that all
information be disclosed in chambers.
(iii) Include any other appropriate measures to keep
disclosure to a minimum, consistent with the protection
of the individuals receiving services, the physician-
patient relationship and the administration of the drug
treatment and rehabilitation program.
Section 12. Effective date.
This act shall take effect in 60 days.
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