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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, KITCHEN, ORIE, WASHINGTON, BROWNE, FONTANA, ERICKSON, M. WHITE, McILHINNEY AND BOSCOLA, JANUARY 12, 2011 |
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| REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 12, 2011 |
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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," 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. |
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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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