Pa. Code 5100.76

Notice of withdrawal

This regulation governs the procedures a psychiatric treatment facility must follow when a voluntary patient (age 14 or older) requests to withdraw from treatment, including providing the required state form, reviewing consent-to-remain agreements, potentially delaying release up to 72 hours, documenting circumstances of any delay, and notifying the county administrator when a publicly funded patient withdraws. Facilities must ensure Form MH-781-F is available in all treatment and living areas, and special rules apply to patients admitted from correctional facilities. The regulation is part of Pennsylvania's Mental Health Procedures Act framework administered by OMHSAS.

55 Pa. Code § 5100.76 - Notice of withdrawal 

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(a)
 Upon
 request to any clinical employe of the treating facility, a person 14 years of
 age or older seeking release from voluntary treatment shall be immediately
 provided with Form MH-781-F issued by the Department. Unless otherwise
 indicated in the patient's record, the treatment team leader shall be notified
 of each request to withdraw. An adequate supply of Form MH781-F shall be
 available in all treatment and living areas of the facility.

(b)
 The person receiving a signed Form MH
 781-F from a patient shall immediately examine the patient's record to
 determine whether the patient has previously agreed to remain in treatment for
 a specified period not to exceed 72 hours after having given written notice of
 intent to withdraw from involuntary treatment. If no such consent has been
 given, the patient may immediately withdraw from treatment unless an
 application for emergency involuntary treatment is executed under section 302
 of the act (
50 P. S. §
 
7302
), and the
 patient is advised accordingly.

(c)

 If consent to remain in treatment had been given, the person examining the
 record shall notify the patient and a member of the treatment team or their
 designee, who shall be available at all times. The treating facility may delay
 release of such person for a period not exceeding that specified if the
 treatment team or its designee has reason to believe that: 
 
(1)
 The individual is severely mentally
 disabled and a petition for involuntary treatment under section 302 of the act
 (
50
 P. S. §
 
7302
), is to be filed before the end
 of the specified time period; or

(2)
 Immediate release would be medically
 dangerous to the health of the individual.

(d)
 The patient need not be released until
 determinations in subsections (b) and (c) can be rationally made and until the
 treatment team leader or designee has had an opportunity to talk with the
 patient.

(e)
 When release of an
 individual from voluntary treatment is delayed, the individual shall be
 informed of the circumstances justifying the delay for the specified period of
 time. The circumstances shall also be set forth in writing and made part of the
 patient's record. Treatment shall be provided during this period only with
 consent or as necessary to treat an emergency.

(f)
 Rules relating to delayed release apply
 to release of persons under the age of 14 who are admitted under a delayed
 release admission.

(g)
 The director
 of the facility shall notify the administrator of the withdrawal of any
 publicly funded person from voluntary treatment as soon as possible after
 receiving notice from the person of his intent to withdraw from treatment. The
 director of a State medical health facility shall designate staff to make a
 continuity of care referral to the appropriate administrator and to participate
 in the development of follow-up plans for persons withdrawing from involuntary
 treatment.

(h)
 A person who is a
 voluntary admission from a prison or jail shall not be discharged upon his
 request. If the facility concurs with the person's request to withdraw from
 treatment:
(1)
 Nonemergency or nonconsensual
 treatment shall be suspended.

(2)

 The person may be detained for the reasonable time necessary for the
 correctional facility to arrange for the person's transportation. Normally,
 transportation should be arranged and completed within 72 hours of the request
 to withdraw from treatment.

Notes

55

 Pa. Code §
 
5100.76

This section cited in 55 Pa. Code §
 
13.8
 (relating to
 seclusion).

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