Pa. Code 5100.73

Explanation and consent to inpatient treatment

This regulation requires facilities providing voluntary inpatient psychiatric treatment to explain preliminary evaluation findings, proposed treatment goals, and planned procedures (including medications, restraints, and restrictions) to patients in understandable terms before obtaining informed consent. Facilities must provide patients with a copy of the Patient's Bill of Rights and use Department-approved consent forms. The regulation also governs the process for converting a patient's legal status from involuntary civil commitment to voluntary treatment, including the 72-hour notice requirement and procedures for patients under criminal jurisdiction.

55 Pa. Code § 5100.73 - Explanation and consent to inpatient treatment 

 State Regulations 

 Compare

(a)
 In order to assure that a person
 substantially understands the nature of voluntary inpatient treatment, an
 explanation shall be made to him of the findings of the preliminary evaluation
 and the proposed treatment and goals. An explanation of planned diagnostic and
 treatment procedures, including the medications, restraints or restrictions
 which may be utilized shall be given in terms understandable by the person
 seeking services.

(b)
 Each applicant
 shall be provided with a copy of the Patient's Bill of Rights. Form MH-782 or
 the Patient's Rights Pamphlet, PWPE #605 entitled 
You Have a Right To
 Be Treated With Dignity and Respect.
 Consent shall be obtained by use
 of Form MH-781 B, C or D.

(c)
 In the
 event that the consent of the applicant is given but cannot be obtained in
 writing, a statement on a form approved by the Department documenting that the
 applicant acknowledged the explanation given indicated his or her consent shall
 be signed by the person presenting the information and at least one witness.
 This statement shall be made part of the patient's record.

(d)
 Staff of a facility, in arranging to
 convert a person's legal status from involuntary treatment under civil
 commitment to voluntary treatment under Article II of the act (
50 P. S. §§
 
7201
-
7207
), shall explain to the
 patient that he, by converting to voluntary status, is agreeing to remain in
 treatment for 72 hours after giving proper notice of his intent to withdraw
 from treatment. A patient's refusal to agree to remaining in treatment for this
 72-hour period may be considered as sufficient grounds to deny the conversion
 and seek a new commitment. The conversion process for persons in involuntary
 treatment who are under criminal jurisdiction shall be arranged in accordance
 with the steps outlined in section 407 of the act (
50 P. S. §
 
7407
), and this chapter.

Notes

55

 Pa. Code §
 
5100.73

This section cited in 55 Pa. Code §
 
5100.71
 (relating to voluntary
 examination and treatment).

State regulations are updated quarterly; we currently have two versions available.
 Below is a 
comparison between our most recent version and the prior quarterly release.

 More comparison features will be added as we have more versions to compare.

 No prior version found.

 State Regulations Toolbox