Pa. Code 5100.78

Transfer of persons in voluntary treatment

This regulation governs the transfer of voluntary mental health treatment patients between approved facilities in Pennsylvania, requiring use of Form MH-60 and written informed consent before any transfer occurs. Patients 14 and older (or parents/guardians for those under 14) must be informed about the prospective treatment setting and modalities, with additional notice rights for those aged 14–17. The regulation also addresses interstate transfers through discharge/admission procedures or the Interstate Compact Officer, and clarifies that State mental hospitals and private psychiatric hospitals are each treated as a single facility for transfer purposes.

55 Pa. Code § 5100.78 - Transfer of persons in voluntary treatment 

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(a)
 A transfer initiated by the patient in
 voluntary treatment, his family, a facility director, or county administrator,
 under the act shall only be to approved facilities and with use of Form
 MH-60.

(b)
 Each person 14 years of
 age or older, or the parent, guardian, or person standing in 
loco
 parentis
 of a person under 14 years of age who is in voluntary
 treatment and is considered for transfer from one facility to another, shall be
 informed about the prospective treatment setting and modalities before giving
 written consent. For a person 14 to 17 years of age, notice of the proposed
 transfer shall be sent to the person's parents indicating their right to object
 by requesting a hearing. When the transfer will result either in placing the
 person in a more restrictive setting, or in placing greater restrictions upon
 the person, these facts shall be explicitly explained to the person and his
 parents prior to obtaining a consent. Written consent shall be obtained prior
 to the release of any records for the purpose of planning or effecting a
 transfer.

(c)
 All necessary actions
 required to effect a voluntary transfer remain the responsibility of the
 patient in voluntary treatment, or his relatives, or both, and the releasing
 and accepting facilities unless there are requirements or conditions for
 authorization imposed by a county administrator or by order of court.

(d)
 Transfers of persons in voluntary
 treatment from State operated mental health facilities to another State may be
 arranged by the patient or his relatives, or both, by discharge and admission
 procedures of the respective facilities, or if necessary, a transfer may be
 made through the Interstate Compact Officer after consent has been obtained
 under subsection (b).

(e)
 Except for
 persons admitted to voluntary treatment under section 401 of the act
 (
50
 P. S. §
 
7401
), transfers of persons in
 voluntary treatment to State operated mental health facilities from another
 State through the patient's own resources or through the Interstate Compact may
 be made after the consent in subsection (b) has been obtained.

(f)
 For purposes of this section and §
 
5100.90
 (relating to transfer of
 persons in involuntary treatment), a State mental hospital or private
 psychiatric hospital shall be considered a single facility, except that those
 distinct parts of State mental hospitals designated as either forensic units or
 intermediate care units shall be considered a distinct
 facility.

Notes

55

 Pa. Code §
 
5100.78

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