Regulation detail

Pa. Code 5100.21

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Pa. Code 5100.21 active

Proceedings

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
PSYCH_FACILITY (60%)
Plain-English summary

This section governs procedural requirements for involuntary mental health commitment proceedings in Pennsylvania, including the appointment and notification of mental health review officers, issuance of warrants for emergency commitments, coordination of hearings, and the limitation that judges and review officers may not direct specific treatment techniques to treatment teams. It is part of a broader chapter establishing standards for mental health treatment facilities and services under the Mental Health Procedures Act.

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Regulation text
55 Pa. Code § 5100.21 - Proceedings 

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(a)
 The county
 administrator shall inform the Deputy Secretary of Mental Health of the
 appointment of mental health review officers. If no review officer is
 appointed, then the administrator should inform the Department of the judge who
 hears and determines commitments under the act. The Department will inform the
 mental health review officers and courts of new policies, procedures, and
 interpretations relating to the act and the provision of mental health services
 and will make available training to aid them in carrying out their
 duties.

(b)
 A mental health review
 officer, unless specifically authorized by the court having jurisdiction over
 the person, shall not reduce the conditions of security of a person committed
 under section 401 of the act (
50 P. S. §
 
7401
).

(c)
 The administrator's office shall assist
 petitioners with the preparation of the commitment petitions, applications, and
 request for certification for persons not already subject to involuntary
 treatment.

(d)
 The administrator
 shall designate representatives to issue warrants for involuntary emergency
 commitments.

(e)
 The administrator
 shall coordinate, when designated by the court, all hearings and file all
 applications and certifications under the act.

(f)
 Notwithstanding any other provision of
 the act, no judge or mental health review officer shall specify to the
 treatment team the adoption of any treatment technique, modality, or drug
 therapy.

Notes

55

 Pa. Code §
 
5100.21

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