Pa. Code 5100.84

Persons who may be subject to involuntary emergency examination and treatment

This section establishes the criteria and procedures for subjecting individuals to involuntary emergency examination and treatment under Pennsylvania's Mental Health Procedures Act. It specifies age-appropriate facility requirements for minors (birth through 17) and adults (18+), defines the 'clear and present danger' standards that must be met, and outlines clinical considerations for determining whether involuntary commitment is warranted. Facility operators must ensure their programs are approved and age-appropriate to receive involuntarily committed individuals.

55 Pa. Code § 5100.84 - Persons who may be subject to involuntary emergency examination and treatment 

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(a)
 Persons
 14 through 17 years of age may be subject to involuntary emergency examination
 and treatment only in an approved mental health facility capable of providing a
 treatment program appropriate to the person. Persons 5 through 13 years of age
 may be subject to involuntary emergency examination and treatment only in an
 approved mental health facility capable of providing a treatment program
 appropriate to the child. Persons from birth through 4 years of age may be
 subject to involuntary emergency examination and treatment only in a mental
 health facility capable of providing a treatment program appropriate to the
 child. Should no such facility exist within the county of residence, the
 nearest appropriate facility shall be designated by the county administrator.
 Longer term involuntary treatment for the age groups listed in this section,
 must be conducted by agencies with age appropriate programs which are approved
 by the Department and designated by the county administrator when public monies
 are utilized for treatment.

(b)

 Persons 18 years of age and older may be subject to involuntary emergency
 examination at an approved facility designated for such purpose by the
 administrator. Involuntary emergency treatment may be provided at the examining
 facility or any other designated and approved facility appropriate to the
 person's needs. Travel arrangements between the examining facility and the
 treating facility shall be arranged as needed as soon as possible to permit
 transportation appropriate to the person's needs.

(c)
 The determination of whether the
 standards of clear and present danger are met should always include a
 consideration of the person's probable behavior if adequate treatment is not
 provided on either an emergency or subsequent basis.

(d)
 The standards of clear and present danger
 may be met when a person has made a threat of harm to self or others; has made
 a threat to commit suicide; or has made a threat to commit an act of mutilation
 and has committed acts in furtherance of any such threats.

(e)
 Examining physicans should consider the
 probability that the person would be unable without care, supervision, and the
 continued assistance of others, to satisfy his need for nourishment, personal
 or medical care, shelter or self-protection, and safety in accordance with
 section 301(b)(2)(i) of the act (
50 P. S. §
 
7301(b)(2)(i)
).

(f)
 When the petition for commitment filed
 under section 301(b)(2)(i) alleges that a person poses a clear and present
 danger to himself, clinical or other testimony may be considered which
 demonstrates that the person's judgment and insight is so severely impaired
 that he or she is engaging in uncontrollable behavior which is so grossly
 irrational or grossly inappropriate to the situation that such behavior
 prevents him from satisfying his need for reasonable nourishment, personal
 care, medical care, shelter or self-protection and safety, and that serious
 physical debilitation, serious bodily injury or death may occur within 30 days
 unless adequate treatment is provided on an involuntary basis.

(g)
 An attempt under sections 301(b)(2)(ii)
 and (iii) of the act (
50 P. S. §
 
7301(b)(2)(ii) and
 (iii)
), occurs: 
 
(1)
 When a person clearly articulates or
 demonstrates an intention to commit suicide or mutilate himself and has
 committed an overt action in furtherance of the intended action; or

(2)
 When the person has actually performed
 such acts.

Notes

55

 Pa. Code §
 
5100.84

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