Regulation detail

Pa. Code 5100.71

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Pa. Code 5100.71 active

Voluntary examination and treatment

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
PSYCH_FACILITY (80%)
Plain-English summary

This regulation governs voluntary inpatient psychiatric examination and treatment in Pennsylvania, establishing consent requirements for individuals seeking voluntary admission. Persons 14 and older may seek voluntary inpatient treatment if they substantially understand the nature of treatment; parents or guardians must follow statutory procedures for those under 14. The rule also addresses behavioral consent as sufficient for persons already receiving inpatient treatment to remain and participate, but not for new admissions or transfers.

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Regulation text
55 Pa. Code § 5100.71 - Voluntary examination and treatment 

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(a)
 Persons 14 years of age or older may seek
 voluntary inpatient treatment if they substantially understand the nature of
 such treatment and the treatment setting. Parents or guardians who decide to
 seek voluntary inpatient treatment for persons under 14 years of age may do so
 only in accordance with the act and applications regulations.

(b)
 The test of a person's substantial
 understanding for inpatient treatment is met if the person gives consent to the
 information and explanations outlined in section 203 of the act (
50 P.S. §
 
4203
).

(c)
 Behavorial consent, as defined in §
 
5100.2
 (relating to definitions)
 shall be sufficient consent for persons presently receiving treatment at a
 facility to remain at that facility and to participate in treatment which is
 explained to him. Behavioral consent shall be documented under §
 
5100.73
 (relating to explanation
 and consent to inpatient treatment). Behavorial consent shall not be relied
 upon for admission to or transfer from a facility.

Notes

55

 Pa. Code §
 
5100.71

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