PRINTER'S NO. 125
No. 137 Session of 2003
INTRODUCED BY MOWERY, DENT, EARLL, ERICKSON, HUGHES, LOGAN,
MADIGAN, ORIE, PUNT, RAFFERTY, RHOADES, ROBBINS, TOMLINSON,
WAUGH, M. WHITE AND WOZNIAK, FEBRUARY 3, 2003
REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 3, 2003
AN ACT
1 Amending the act of February 13, 1970 (P.L.19, No.10), entitled
2 "An act enabling certain minors to consent to medical, dental
3 and health services, declaring consent unnecessary under
4 certain circumstances," further providing for consent to
5 treatment; and providing for release of medical records and
6 for certain court reporting.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of February 13, 1970 (P.L.19, No.10),
10 entitled "An act enabling certain minors to consent to medical,
11 dental and health services, declaring consent unnecessary under
12 certain circumstances," is amended by adding sections to read:
13 Section 1.1. Mental Health Treatment.--(a) The following
14 shall apply to consent for outpatient treatment:
15 (1) Any minor who is fourteen years of age or older may
16 consent on his or her own behalf to outpatient mental health
17 examination and treatment, and the minor's parent or legal
18 guardian's consent shall not be necessary.
19 (2) A parent or legal guardian of a minor less than eighteen
1 years of age may consent to voluntary outpatient mental health
2 examination or treatment on behalf of the minor, and the minor's
3 consent shall not be necessary.
4 (3) A minor may not abrogate consent provided by a parent or
5 legal guardian on the minor's behalf, nor may a parent or legal
6 guardian abrogate consent given by the minor on his or her own
7 behalf.
8 (b) The following shall apply to consent for inpatient
9 treatment:
10 (1) A minor's parent or legal guardian may consent to
11 voluntary inpatient treatment, pursuant to Article II of the act
12 of July 9, 1976 (P.L.817, No.143), known as the "Mental Health
13 Procedures Act," on behalf of a minor less than eighteen years
14 of age on the recommendation of a physician who has examined the
15 minor. The minor's consent shall not be necessary.
16 (2) Nothing in this section shall be construed as
17 restricting or altering a minor's existing rights, including,
18 but not limited to, those enumerated under the act of July 9,
19 1976 (P.L.817, No.143), known as the "Mental Health Procedures
20 Act," to consent to voluntary inpatient mental health treatment
21 on his or her own behalf at fourteen years of age or older.
22 (3) Nothing in this section shall be construed as
23 restricting or altering a parent or legal guardian's existing
24 rights to object to a minor's voluntary treatment provided
25 pursuant to the minor's consent on his or her own behalf.
26 (4) A minor may not abrogate consent provided by a parent or
27 legal guardian on the minor's behalf, nor may a parent or legal
28 guardian abrogate consent given by the minor on his or her own
29 behalf.
30 (5) At the time of admission, the director of the admitting
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1 facility or his designee shall provide the minor with an
2 explanation of the nature of the mental health treatment in
3 which he may be involved together with a statement of his
4 rights, including the right to object to treatment by filing a
5 petition with the court. If the minor wishes to exercise this
6 right, the director of the facility or his designee shall
7 provide a form for the minor to provide notice of the request
8 for modification or withdrawal from treatment. The director of
9 the facility or his designee shall file the signed petition with
10 the court.
11 (6) Any minor fourteen years of age or older and under
12 eighteen years of age who has been confined for inpatient
13 treatment on the consent of a parent or legal guardian and who
14 objects to continued inpatient treatment may file a petition in
15 the court of common pleas requesting a withdrawal from or
16 modification of treatment. The court shall promptly appoint an
17 attorney for such minor person and schedule a hearing to be held
18 within seventy-two hours following the filing of the petition,
19 unless continued upon the request of the attorney for the minor,
20 by a judge or mental health review officer who shall determine
21 whether or not the voluntary mental health treatment is in the
22 best interest of the minor. For inpatient treatment to continue
23 against the minor's wishes, the court must find all of the
24 following by clear and convincing evidence:
25 (i) that the minor has a diagnosed mental disorder;
26 (ii) that the disorder is treatable;
27 (iii) that the disorder can be treated in the particular
28 facility where the treatment is taking place; and
29 (iv) that the treatment represents the least restrictive
30 alternative that is medically appropriate.
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1 (7) A minor ordered to undergo treatment due to a
2 determination under paragraph (6) shall remain under the
3 treatment designated by the court for a period of twenty days.
4 The minor shall be discharged whenever the attending physician
5 determines that the minor no longer is in need of treatment or
6 at the end of the time period of the order, whichever occurs
7 first. Prior to the end of the time period of the order, the
8 court shall conduct a review hearing in accordance with this
9 subsection to determine whether to:
10 (i) release the minor; or
11 (ii) make a subsequent order for inpatient mental health
12 treatment for a period not to exceed sixty days subject to
13 discharge of the minor whenever the director of the facility
14 determines that the minor no longer is in need of treatment.
15 (8) The procedure for a sixty-day period of treatment under
16 paragraph (7)(ii) shall be repeated until the court determines
17 to release the minor or the minor is discharged in accordance
18 with paragraph (7).
19 (c) Definitions.--As used in this section, the following
20 words and phrases shall have the meanings given to them in this
21 subsection:
22 "Court of common pleas" means the court of common pleas in
23 the county where the subject of the proceeding is being treated.
24 "Facility" means any mental health establishment, hospital,
25 clinic, institution, center, day-care center, base service unit,
26 community mental health center, or part thereof, that provides
27 for the diagnosis, treatment, care or rehabilitation of mentally
28 ill persons.
29 "Inpatient treatment" means all mental health treatment that
30 requires full-time or part-time residence in a facility that
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1 provides mental health treatment.
2 "Mental health treatment" means a course of treatment,
3 including evaluation, diagnosis, therapy and rehabilitation,
4 designed and administered to alleviate an individual's pain and
5 distress and to maximize the probability of recovery from mental
6 illness. The term also includes care and other services which
7 supplement treatment and aid or promote recovery.
8 Section 1.2. Release of Medical Records.--(a) The
9 individual consenting to treatment of the minor may consent to
10 the release of the minor's medical records to the minor's
11 treatment providers. Such transfer of records or information
12 shall be limited from one provider of mental health treatment or
13 facility as defined in section 1.1 to another.
14 (b) Consent to release of medical records for all other
15 purposes other than that provided for in subsection (a) shall be
16 subject to the provisions of the act of July 9, 1976 (P.L.817,
17 No.143), known as the "Mental Health Procedures Act," and other
18 applicable Federal and State statutes and regulations.
19 Section 1.3. Court Reporting.--(a) Each court of common
20 pleas shall report annually to the Administrative Office of
21 Pennsylvania Courts the number of:
22 (1) Petitions filed under section 1.1(b)(5).
23 (2) Petitions resulting in minors ordered to undergo
24 treatment.
25 (3) Subsequent treatment period ordered per minor.
26 (b) The Administrative Office of Pennsylvania Courts shall
27 compile the figures reported under this section and report its
28 findings, within sixty days of the receipt of the last report,
29 to the Public Health and Welfare Committee of the Senate and the
30 Health and Human Services Committee of the House of
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1 Representatives.
2 (c) This section shall expire March 1, 2005.
3 Section 2. This act shall take effect in 60 days.
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