PRINTER'S NO.  255

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

251

Session of

2009

  

  

INTRODUCED BY GREENLEAF, WASHINGTON, TARTAGLIONE, STOUT, ORIE, BROWNE, KITCHEN, ERICKSON, O'PAKE, WOZNIAK, MUSTO, BOSCOLA, LEACH, WONDERLING AND M. WHITE, FEBRUARY 19, 2009

  

  

REFERRED TO PUBLIC HEALTH AND WELFARE, FEBRUARY 19, 2009  

  

  

  

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 assisted outpatient treatment

7

programs.

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 an

12

article to read:

13

ARTICLE III-A

14

Assisted Outpatient Treatment

15

Section 301-A.  Definitions.

16

The following words and phrases when used in this article

17

shall have the meanings given to them in this section unless the

18

context clearly indicates otherwise:

19

"Assisted outpatient" or "patient."  A person under a court

20

order to receive assisted outpatient treatment.

 


1

"Assisted outpatient treatment."  Any of the following

2

categories of outpatient services which have been ordered by the

3

court pursuant to section 305-A:

4

(1)  Case management services or assertive community

5

treatment team services to provide care coordination.

6

(2)  Medication.

7

(3)  Periodic blood tests or urinalysis to determine

8

compliance with prescribed medications.

9

(4)  Individual or group therapy.

10

(5)  Day or partial programming activities.

11

(6)  Educational and vocational training or activities.

12

(7)  Alcohol or substance abuse treatment and counseling

13

and periodic tests for the presence of alcohol or illegal

14

drugs for persons with a history of alcohol or substance

15

abuse.

16

(8)  Supervision of living arrangements.

17

(9)  Any other services within an individualized

18

treatment plan developed pursuant to Article I prescribed to

19

treat the person's mental illness and to assist the person in

20

living and functioning in the community, or to attempt to

21

prevent a relapse or deterioration that may reasonably be

22

predicted to result in suicide or the need for

23

hospitalization.

24

"Assisted outpatient treatment program" or "program."  A

25

system to arrange for and coordinate the provision of assisted

26

outpatient treatment, to monitor treatment compliance by

27

assisted outpatients, to evaluate the condition or needs of

28

assisted outpatients, to take appropriate steps to address the

29

needs of assisted outpatients and to ensure compliance with

30

court orders.

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1

"Director."  The director of a hospital licensed or operated

2

by the Department of Public Welfare which operates, directs and

3

supervises an assisted outpatient treatment program, or the

4

county administrator which operates, directs and supervises an

5

assisted outpatient treatment program.

6

"Program coordinator."  An individual appointed under section

7

302-A(a) who is responsible for the oversight and monitoring of

8

assisted outpatient treatment programs.

9

"Subject of the petition" or "subject."  A person who is

10

alleged in a petition, filed pursuant to the provisions of

11

section 305-A, to meet the criteria for assisted outpatient

12

treatment.

13

Section 302-A.  Program coordinators to be appointed.

14

(a)  Duty of secretary.--The Secretary of Public Welfare

15

shall appoint program coordinators of assisted outpatient

16

treatment, who shall be responsible for the oversight and

17

monitoring of assisted outpatient treatment programs established

18

pursuant to section 305-A. County administrators shall work in

19

conjunction with the program coordinators to coordinate the

20

implementation of assisted outpatient treatment programs.

21

(b)  Oversight and monitoring duties.--The oversight and

22

monitoring role of the program coordinator of the assisted

23

outpatient treatment program shall include each of the

24

following:

25

(1)  That each assisted outpatient receives the treatment

26

provided for in the court order issued pursuant to section

27

305-A.

28

(2)  That existing services located in the assisted

29

outpatient's community are utilized whenever practicable.

30

(3)  That a case manager or assertive community treatment

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1

team is designated for each assisted outpatient.

2

(4)  That a mechanism exists for a case manager, or

3

assertive community treatment team, to regularly report the

4

assisted outpatient's compliance, or lack of compliance, with

5

treatment to the director of the assisted outpatient

6

treatment program.

7

(5)  That assisted outpatient treatment services are

8

delivered in a timely manner.

9

(c)  Standards to be developed.--The Secretary of Public

10

Welfare shall develop standards designed to ensure that case

11

managers or assertive community treatment teams have appropriate

12

training and have clinically manageable caseloads designed to

13

provide effective case management or other care coordination

14

services for persons subject to a court order under section

15

305-A.

16

(d)  Corrective action to be taken.--Upon review or receiving

17

notice that services are not being delivered in a timely manner,

18

the program coordinator shall require the director of the

19

assisted outpatient treatment program to immediately commence

20

corrective action and inform the program coordinator of the

21

corrective action taken. Failure of a director to take

22

corrective action shall be reported by the program coordinator

23

to the Secretary of Public Welfare as well as to the court which

24

ordered the assisted outpatient treatment.

25

Section 303-A.  Duties of county administrators.

26

Each county administrator shall be responsible for the filing

27

of petitions for assisted outpatient treatment pursuant to

28

section 305-A, for the receipt and investigation of reports of

29

persons who are alleged to be in need of that treatment and for

30

coordinating the delivery of court-ordered services with program

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1

coordinators, appointed by the Secretary of Public Welfare

2

pursuant to section 302-A(a). In discharge of the duties imposed

3

by section 305-A, directors of community services may provide

4

services directly, or may coordinate services with the offices

5

of the Secretary of Public Welfare or may contract with any

6

public or private provider to provide services for assisted

7

outpatient treatment programs as may be necessary to carry out

8

the duties imposed pursuant to this article.

9

Section 304-A.  Directors of assisted outpatient treatment

10

programs.

11

(a)  General duties.--

12

(1)  Directors of assisted outpatient treatment programs

13

established pursuant to section 305-A shall provide a written

14

report to the program coordinators, appointed by the

15

Secretary of Public Welfare pursuant to section 302-A(a),

16

within three days of the issuance of a court order. The

17

report shall demonstrate that mechanisms are in place to

18

ensure the delivery of services and medications as required

19

by the court order and shall include, but not be limited to,

20

the following:

21

(i)  A copy of the court order.

22

(ii)  A copy of the written treatment plan.

23

(iii)  The identity of the case manager or assertive

24

community treatment team, including the name and contact

25

data of the organization which the case manager or

26

assertive community treatment team member represents.

27

(iv)  The identity of providers of services.

28

(v)  The date on which services have commenced or

29

will commence.

30

(2)  The directors of assisted outpatient treatment

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1

programs shall ensure the timely delivery of services

2

described in section 305-A pursuant to any court order issued

3

thereunder. Directors of assisted outpatient treatment

4

programs shall immediately commence corrective action upon

5

receiving notice from program coordinators that services are

6

not being provided in a timely manner, and the directors

7

shall inform the program coordinator of the corrective action

8

taken.

9

(b)  Quarterly reports to program coordinators.--Directors of

10

assisted outpatient treatment programs shall submit quarterly

11

reports to the program coordinators regarding the assisted

12

outpatient treatment program operated or administered by them.

13

The report shall include the following information:

14

(1)  The names of individuals served by the program.

15

(2)  The percentage of petitions for assisted outpatient

16

treatment that are granted by the court.

17

(3)  Any change in status of assisted outpatients,

18

including, but not limited to, the number of individuals who

19

have failed to comply with court-ordered assisted outpatient

20

treatment.

21

(4)  A description of material changes in written

22

treatment plans of assisted outpatients.

23

(5)  Any change in case managers.

24

(6)  A description of the categories of services which

25

have been ordered by the court.

26

(7)  Living arrangements of individuals served by the

27

program including the number, if any, who are homeless.

28

(8)  Any other information as required by the Secretary

29

of Public Welfare.

30

(9)  Any recommendations to improve the program Statewide

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1

or locally.

2

Section 305-A.  Assisted outpatient treatment program.

3

(a)  Director to obtain approval from secretary.--A director

4

may operate, direct and supervise an assisted outpatient

5

treatment program as provided in this section, upon approval by

6

the Secretary of Public Welfare. The county administrator shall

7

operate, direct and supervise an assisted outpatient treatment

8

program as provided in this section, upon approval by the

9

Secretary of Public Welfare. County administrators shall be

10

permitted to satisfy the provisions of this article through the

11

operation of joint assisted outpatient treatment programs.

12

Nothing in this article shall be construed to preclude the

13

combination or coordination of efforts between and among

14

counties and hospitals in providing and coordinating assisted

15

outpatient treatment.

16

(b)  Criteria for assisted outpatient treatment.--A patient

17

may be ordered to obtain assisted outpatient treatment if the

18

court finds all of the following:

19

(1)  The patient is 18 years of age or older.

20

(2)  The patient is suffering from a mental illness.

21

(3)  The patient is unlikely to survive safely in the

22

community without supervision, based on a clinical

23

determination.

24

(4)  The patient has a history of lack of compliance with

25

treatment for mental illness that has:

26

(i)  at least twice within the preceding 36 months

27

been a significant factor in necessitating

28

hospitalization, or receipt of services in a forensic or

29

other mental health unit of a correctional facility, not

30

including any period during which the person was

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1

hospitalized or imprisoned immediately preceding the

2

filing of the petition; or

3

(ii)  resulted in one or more acts of serious violent

4

behavior toward self or others or threats of, or attempts

5

at, serious physical harm to self or others within the

6

preceding 48 months, not including any period in which

7

the person was hospitalized or imprisoned immediately

8

preceding the filing of the petition.

9

(5)  The patient is, as a result of the patient's mental

10

illness, unlikely to voluntarily participate in the

11

recommended treatment pursuant to the treatment plan.

12

(6)  In view of the patient's treatment history and

13

current behavior, the patient is in need of assisted

14

outpatient treatment in order to prevent a relapse or

15

deterioration which would be likely to pose a clear and

16

present danger of harm to others or to himself as determined

17

under section 301.

18

(7)  It is likely that the patient will benefit from

19

assisted outpatient treatment.

20

(c)  Petition to the court.--

21

(1)  A petition for an order authorizing assisted

22

outpatient treatment may be filed in the court of common

23

pleas of the county in which the subject of the petition is

24

present or reasonably believed to be present. A petition to

25

obtain an order authorizing assisted outpatient treatment may

26

be initiated only by the following persons:

27

(i)  a person 18 years of age or older with whom the

28

subject of the petition resides;

29

(ii)  the parent, spouse, sibling 18 years of age or

30

older, or child 18 years of age or older of the subject

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1

of the petition;

2

(iii)  the director of the facility in which the

3

subject of the petition is hospitalized;

4

(iv)  the director of any public or charitable

5

organization, agency or home providing mental health

6

services to the subject of the petition in whose

7

institution the subject of the petition resides;

8

(v)  a qualified psychiatrist who is either

9

supervising the treatment of or treating the subject of

10

the petition for a mental illness;

11

(vi)  the county administrator, or his designee; or

12

(vii)  a parole officer or probation officer assigned

13

to supervise the subject of the petition.

14

(2)  The petition shall state:

15

(i)  Each of the criteria for assisted outpatient

16

treatment as set forth in subsection (b).

17

(ii)  The facts which support the petitioner's belief

18

that the person who is the subject of the petition meets

19

each criterion, provided that the hearing on the petition

20

need not be limited to the stated facts.

21

(iii)  That the subject of the petition is present,

22

or is reasonably believed to be present, within the

23

county where the petition is filed.

24

(3)  The petition shall be accompanied by an affirmation

25

or affidavit of a physician, who shall not be the petitioner,

26

and shall state either that:

27

(i)  The physician has personally examined the person

28

who is the subject of the petition not more than ten days

29

prior to the submission of the petition, recommends

30

assisted outpatient treatment for the subject of the

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1

petition and is willing and able to testify at the

2

hearing on the petition.

3

(ii)  Not more than ten days prior to the filing of

4

the petition, the physician or his designee has made

5

appropriate attempts to elicit the cooperation of the

6

subject of the petition but has not been successful in

7

persuading the subject to submit to an examination, that

8

the physician has reason to suspect that the subject of

9

the petition meets the criteria for assisted outpatient

10

treatment, and that the physician is willing and able to

11

examine the subject of the petition and testify at the

12

hearing on the petition.

13

(d)  Right to counsel.--The subject of the petition shall

14

have the right to be represented by counsel at all stages of a

15

proceeding commenced under this section. The subject of the

16

petition shall be represented either by counsel of his selection

17

or, if unrepresented and unable to afford counsel as determined

18

by the court, by court-appointed counsel.

19

(e)  Hearing.--

20

(1)  Upon receipt by the court of the petition submitted

21

pursuant to subsection (c), the court shall fix the date for

22

a hearing at a time not later than three days from the date

23

the petition is received by the court, excluding Saturdays,

24

Sundays and holidays. Adjournments shall be permitted only

25

for good cause shown. In granting adjournments, the court

26

shall consider the need for further examination by a

27

physician or the potential need to provide assisted

28

outpatient treatment expeditiously.

29

(2)  The court shall cause the subject of the petition,

30

the petitioner, the physician whose affirmation or affidavit

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1

accompanied the petition, the appropriate director, and such

2

other persons as the court may determine to be advised. The

3

subject of the petition shall have the opportunity to

4

provide, in writing, names and parties to be notified of the

5

hearing which shall be considered by the court.

6

(3)  Upon the date for the hearing, or upon such other

7

date to which the proceeding may be adjourned, the court

8

shall hear testimony and, if it be deemed advisable and the

9

subject of the petition is available, examine the subject

10

alleged to be in need of assisted outpatient treatment in or

11

out of court.

12

(4)  If the subject of the petition does not appear at

13

the hearing, and appropriate attempts to elicit the

14

attendance of the subject have failed, the court may conduct

15

the hearing in the subject's absence. If the hearing is

16

conducted without the subject of the petition present, the

17

court shall set forth the factual basis for conducting the

18

hearing without the presence of the subject of the petition.

19

(5)  The court may not order assisted outpatient

20

treatment unless an examining physician, who has personally

21

examined the subject of the petition within the time period

22

commencing ten days before the filing of the petition,

23

testifies in person at the hearing.

24

(6)  If the subject of the petition has refused to be

25

examined by a physician, the court may request the subject to

26

consent to an examination by a physician appointed by the

27

court. If the subject of the petition does not consent and

28

the court finds reasonable cause to believe that the

29

allegations in the petition are true, the court may order law

30

enforcement officers or of a sheriff's department to take the

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1

subject of the petition into custody and transport him to a

2

hospital for examination by a physician. Retention of the

3

subject of the petition under the order shall not exceed 24

4

hours.

5

(7)  The examination of the subject of the petition may

6

be performed by the physician whose affirmation or affidavit

7

accompanied the petition, if the physician is privileged by

8

the hospital or otherwise authorized by the hospital to do

9

so. If the examination is performed by another physician of

10

the hospital, the examining physician shall be authorized to

11

consult with the physician whose affirmation or affidavit

12

accompanied the petition regarding the issues of whether the

13

allegations in the petition are true and whether the subject

14

meets the criteria for assisted outpatient treatment.

15

(8)  A physician who testifies pursuant to paragraph (5)

16

shall state the facts which support the allegation that the

17

subject meets each of the criteria for assisted outpatient

18

treatment, and the treatment is the least restrictive

19

alternative, the recommended assisted outpatient treatment,

20

and the rationale for the recommended assisted outpatient

21

treatment. If the recommended assisted outpatient treatment

22

includes medication, the physician's testimony shall describe

23

the types or classes of medication which should be

24

authorized, shall describe the beneficial and detrimental

25

physical and mental effects of the medication, and shall

26

recommend whether the medication should be self-administered

27

or administered by authorized personnel.

28

(9)  The subject of the petition shall be afforded an

29

opportunity to present evidence, to call witnesses on behalf

30

of the subject, and to cross-examine adverse witnesses.

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1

(f)  Written individualized treatment plan.--

2

(1)  (i)  The court may not order assisted outpatient

3

treatment unless an examining physician appointed by the

4

appropriate director develops and provides to the court a

5

proposed written individualized treatment plan. The

6

written individualized treatment plan shall include case

7

management services or assertive community treatment

8

teams to provide care coordination, and all categories of

9

services which the physician recommends that the subject

10

of the petition should receive.

11

(ii)  If the written individualized treatment plan

12

includes medication, it shall state whether the

13

medication should be self-administered or administered by

14

authorized personnel, and shall specify type and dosage

15

range of medication most likely to provide maximum

16

benefit for the subject.

17

(iii)  If the written individualized treatment plan

18

includes alcohol or substance abuse counseling and

19

treatment, the plan may include a provision requiring

20

relevant testing for either alcohol or illegal substances

21

provided the physician's clinical basis for recommending

22

the plan provides sufficient facts for the court to find:

23

(A)  That the person has a history of alcohol or

24

substance abuse that is clinically related to the

25

mental illness.

26

(B)  That the testing is necessary to prevent a

27

relapse or deterioration which would be likely to

28

result in serious harm to the person or others.

29

(iv)  In developing the plan, the physician shall

30

provide the following persons with an opportunity to

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1

actively participate in the development of the plan: the

2

subject of the petition; the treating physician; and upon

3

the request of the patient, an individual significant to

4

the patient including any relative, close friend or

5

individual otherwise concerned with the welfare of the

6

patient. If the petitioner is a director, the plan shall

7

be provided to the court no later than the date of the

8

hearing on the petition.

9

(2)  The court shall not order assisted outpatient

10

treatment unless a physician testifies to explain the written

11

proposed treatment plan. The testimony shall state:

12

(i)  The categories of assisted outpatient treatment

13

recommended.

14

(ii)  The rationale for each category.

15

(iii)  Facts which establish that the treatment is

16

the least restrictive alternative.

17

(iv)  If the recommended assisted outpatient

18

treatment includes medication, the types or classes of

19

medication recommended, the beneficial and detrimental

20

physical and mental effects of the medication, and

21

whether the medication should be self-administered or

22

administered by an authorized professional.

23

If the petitioner is a director the testimony shall be given at

24

the hearing on the petition.

25

(g)  Disposition.--

26

(1)  If after hearing all relevant evidence, the court

27

finds that the subject of the petition does not meet the

28

criteria for assisted outpatient treatment, the court shall

29

dismiss the petition.

30

(2)  If after hearing all relevant evidence, the court

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1

finds by clear and convincing evidence that the subject of

2

the petition meets the criteria for assisted outpatient

3

treatment and there is no appropriate and feasible less

4

restrictive alternative, the court shall be authorized to

5

order the subject to receive assisted outpatient treatment

6

for an initial period not to exceed six months. In fashioning

7

the order, the court shall specifically make findings by

8

clear and convincing evidence that the proposed treatment is

9

the least restrictive treatment appropriate and feasible for

10

the subject. The order shall state the categories of assisted

11

outpatient treatment which the subject is to receive. The

12

court may not order treatment that has not been recommended

13

by the examining physician and included in the written

14

treatment plan for assisted outpatient treatment as required

15

by subsection (f).

16

(3)  If after hearing all relevant evidence the court

17

finds by clear and convincing evidence that the subject of

18

the petition meets the criteria for assisted outpatient

19

treatment, and the court has yet to be provided with a

20

written individualized treatment plan and testimony pursuant

21

to subsection (f), the court shall order the county

22

administrator to provide the court with the plan and

23

testimony no later than the third day, excluding Saturdays,

24

Sundays and holidays, immediately following the date of the

25

order. Upon receiving the plan and testimony, the court may

26

order assisted outpatient treatment as provided in paragraph

27

(2).

28

(4)  A court may order the patient to self-administer

29

psychotropic drugs or accept the administration of the drugs

30

by authorized personnel as part of an assisted outpatient

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1

treatment program. The order may specify the type and dosage

2

range of psychotropic drugs and the order shall be effective

3

for the duration of the assisted outpatient treatment.

4

(5)  If the petitioner is the director of a hospital that

5

operates an assisted outpatient treatment program, the court

6

order shall direct the hospital director to provide or

7

arrange for all categories of assisted outpatient treatment

8

for the assisted outpatient throughout the period of the

9

order. For all other persons, the order shall require the

10

director of community services of the appropriate local

11

governmental unit to provide or arrange for all categories of

12

assisted outpatient treatment for the assisted outpatient

13

throughout the period of the order.

14

(6)  The director or his designee shall apply to the

15

court for approval before instituting a proposed material

16

change in the assisted outpatient treatment order unless the

17

change is contemplated in the order. Nonmaterial changes may

18

be instituted by the assisted outpatient treatment program

19

without court approval. For the purposes of this paragraph, a

20

material change shall mean an addition or deletion of a

21

category of assisted outpatient treatment from the order of

22

the court, or any deviation without the patient's consent

23

from the terms of an existing order relating to the

24

administration of psychotropic drugs.

25

(h)  Applications for additional periods of treatment.--If

26

the director determines that the condition of the patient

27

requires further assisted outpatient treatment, the director

28

shall apply prior to the expiration of the period of assisted

29

outpatient treatment ordered by the court for a second or

30

subsequent order authorizing continued assisted outpatient

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1

treatment for a period not to exceed one year from the date of

2

the order. The procedures for obtaining any order pursuant to

3

this subsection shall be in accordance with this section,

4

provided that the time period included in subsection (b)(4)(i)

5

and (ii) shall not be applicable in determining the

6

appropriateness of additional periods of assisted outpatient

7

treatment. Any court order requiring periodic blood tests or

8

urinalysis for the presence of alcohol or illegal drugs shall be

9

subject to review after six months by the physician who

10

developed the written individualized treatment plan or another

11

physician designated by the director, and the physician shall be

12

authorized to terminate the blood tests or urinalysis without

13

further action by the court.

14

(i)  Application for order to stay, vacate or modify.--In

15

addition to any other right or remedy available by law with

16

respect to the order for assisted outpatient treatment, the

17

patient, the patient's counsel, or anyone acting on the

18

patient's behalf may apply on notice to the appropriate director

19

and the original petitioner to the court to stay, vacate or

20

modify the order.

21

(j)  Appeals.--Review of an order issued pursuant to this

22

section shall be had in like manner as specified in section 303.

23

(k)  Failure to comply with the assisted outpatient

24

treatment.--

25

(1)  (i)  Where, in the clinical judgment of a physician,

26

the assisted outpatient has failed or refused to comply

27

with the assisted outpatient treatment and efforts were

28

made to solicit compliance and such assisted outpatient

29

may be in need of involuntary admission to a hospital or

30

immediate observation, care and treatment pursuant to

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1

section 302 or 303, the physician may request the

2

director of community services, the director's designee

3

or any physician designated by the director of community

4

services to bring the assisted outpatient to an

5

appropriate hospital for an examination to determine if

6

the assisted outpatient has a mental illness for which

7

hospitalization is necessary.

8

(ii)  If the assisted outpatient refuses to take

9

medication as required by the court order or refuses to

10

take or fails a blood test, urinalysis or alcohol or drug

11

test as required by the court order, the physician may

12

consider the refusal or failure when determining whether

13

the assisted outpatient is in need of an examination to

14

determine whether the assisted outpatient has a mental

15

illness for which hospitalization is necessary.

16

(2)  Upon the request of the physician, the director or

17

the director's designee may direct law enforcement officers

18

or the sheriff's department to take into custody and

19

transport the patient to the hospital operating the assisted

20

outpatient treatment program or to any hospital authorized by

21

the director of community services to receive such patients.

22

The law enforcement officials shall carry out the directive.

23

(3)  (i)  Upon the request of the physician, the director

24

or the director's designee, the court may authorize the

25

patient to be taken into custody and transported to the

26

hospital operating the assisted outpatient treatment

27

program, or to any other hospital authorized by the

28

county administrator to receive such patients in

29

accordance with section 306.

30

(ii)  The patient may be retained for observation,

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1

care and treatment and further examination in the

2

hospital for up to 72 hours to permit a physician to

3

determine whether the patient has a mental illness and is

4

in need of involuntary care and treatment in a hospital

5

pursuant to this act.

6

(iii)  Any continued involuntary retention in the

7

hospital beyond the initial 72-hour period shall be in

8

accordance with this act relating to the involuntary

9

admission and retention of a person.

10

(iv)  If at any time during the 72-hour period the

11

person is determined not to meet the involuntary

12

admission and retention provisions of this act, and does

13

not agree to stay in the hospital as a voluntary or

14

informal patient, he shall be released.

15

(v)  Failure to comply with an order of assisted

16

outpatient treatment shall not be grounds for involuntary

17

civil commitment or a finding of contempt of court.

18

(l)  False petition.--A person making a false statement or

19

providing false information or false testimony in a petition or

20

hearing under this section is subject to criminal prosecution

21

pursuant to 18 Pa.C.S. § 4903 (relating to false swearing).

22

(m)  Construction.--Nothing in this section shall be

23

construed to affect the ability of the director of a hospital to

24

receive, admit or retain patients who otherwise meet the

25

provisions of this act regarding receipt, retention or

26

admission.

27

(n)  Educational materials.--The Department of Public

28

Welfare, in consultation with the county administrator, shall

29

prepare educational and training materials on the use of this

30

section, which shall be made available to county providers of

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1

services, judges, court personnel, law enforcement officials and

2

the general public.

3

Section 2.  This act shall take effect in 60 days.

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