Regulation text
55 Pa. Code § 5100.2 - Definitions
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The following words and terms, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise:
Act
-The Mental Health Procedures Act
(
50
P. S. §§
7101
-
7503
).
Administrator
-The person appointed to
carry out the duties specified in section 305 of the Mental Health and Mental
Retardation Act of 1966 (
50 P. S. §
4305
).
Agency
-An instrumentality of the United
States, its departments and agencies, including the Veterans'
Administration.
Approved facility
-A facility as defined
by section 103 of the act (
50 P. S. §
7103
)
which meets the standards of this chapter and other applicable Department
regulations or obtains an exemption in writing from the Department under
section 105 of the act (
50 P. S. §
7105
).
Behavorial consent
-A demonstrated
willingness by the patient to remain voluntarily in the facility based upon a
general understanding of the nature of the usual treatment, possible restraints
upon free activity, and daily life within the facility. A general understanding
may be shown by a finding that a person in treatment has participated in
scheduled activities and does not protest continued participation.
County of residence
-The county wherein
the person had a legal residence prior to being admitted or committed to an
approved facility for treatment.
Designated facility
-The approved
facility named by the county administrator as a provider of one or more
specific services. A facility so designated, either on a general basis or on a
case by case basis must be identified in the county annual plan. The
administrator shall address the public's need to know where and how they can
obtain services under the act.
Director
-The administrative head of a
facility, including a superintendent or his designee.
Director of treatment team
-A physician
or licensed clinical psychologist designated by the facility director to assure
that each patient receives treatment under the act and this chapter and that
the facility's treatment responsibility to the patient, as defined in this
chapter, the Mental Health/Mental Retardation Act of 1966 and the act, are
discharged. The director of the treatment team is responsible for implementing
and reviewing the individualized treatment plan, for participating in the
coordination of service delivery between other service providers, and for
insuring that the unique skills and knowledge of each team member are utilized.
The director of the treatment team is responsible for encouraging the person in
treatment to become increasingly involved in decisions regarding the treatment
planning process.
Expert in the field of mental health
-A
mental health professional whose training, experience and demonstrated
achievements clearly exceed the minimum standards required for recognition as a
professional in his discipline, and whose broad-based skills and knowledge in
his specific areas of specialty are recognized by the members of his profession
to be at the highest level.
Health professional in mental health
-A
person who by years of education, training, and experience in mental health
settings has achieved professional recognition and standing as defined by their
respective discipline, including, but not limited to medicine, social work,
psychology, nursing, occupational therapy, recreational therapy, and vocational
rehabilitation; and who has obtained if applicable, licensure, registration, or
certification.
Inpatient treatment
-All treatment that
requires full-time or part-time residence in a facility as defined in section
103 of the act (
50 P. S. §
7103
).
Involuntary emergency examination
-The
physical and mental evaluation by a physician of an individual taken to a
facility under section 302 of the act (
50 P. S. §
7302
).
Involutary emergency treatment
-The
treatment provided to an individual taken to a facility under section 302 of
the act (
50 P. S. §
7302
). Such
treatment in the absence of the individual's consent, shall be limited to that
treatment which is necessary to protect the life or health, or both, of the
individual or to control behavior by the individual which is likely to result
in physical injury to others.
Least restrictive alternate
-The least
restrictive placement or status available and appropriate to meet the needs of
the patient and includes both restrictions on personal liberty and the
proximity of the treatment facility to the person's natural environment. This
concept stresses the importance of helping each person in need of services to
seek those services voluntarily. The degree of restriction or the degree of
separation from the natural environment is dependent upon both the severity of
the person's dysfunction and his strengths and resources to function in that
environment. The range of treatment alternatives, stemming from the patient's
natural environment, through supportive services to 24-hour hospitalization,
must be considered in light of the person's capability of handling daily tasks
and stress and the need, if any, for varying degrees of support or
supervision.
Licensed clinical psychologist
-A
psychologist licensed under the act of March 23, 1972 (P. L. 136, No. 52)
(
63
P. S. §§
1201
-
1215
) who holds a doctoral
degree from an accredited university and is duly trained and experienced in the
delivery of direct preventive assessment and therapeutic intervention services
to individuals whose growth, adjustment, or functioning is actually impaired or
is demonstrably at risk of impairment.
Mental illness
-Those disorders listed in
the applicable APA Diagnostic and Statistical Manual; provided however, that
mental retardation, alcoholism, drug dependence and senility do not, in and of
themselves, constitute mental illness. The presence of these conditions
however, does not preclude mental illness.
Mental Health and Mental Retardation Act of
1966
-The act of October 20, 1966 (P. L. 96, No. 3) (
50 P. S. §§
4101
-
4704
).
Peace officer
-Any person who by virtue
of his office of public employment is vested by law with a duty to maintain
public order, to make arrests for offenses, whether that duty extends to all
offenses or is limited to specific offenses, or any person on active State duty
under section 311 of The Military Code of 1949 (51 P. S. § 1-311). Prison
wardens and guards shall be considered peace officers for purposes of the
act.
Physician
-A person licensed to practice
medicine or osteopathy in this Commonwealth.
Preliminary evaluation
-The initial
assessment or evaluation of the physical and mental condition of an individual;
it may be conducted without substantiation by formal testing procedures. The
evaluation includes an assessment of the person's specific physical,
psychological, developmental, familial, educational or vocational, social, and
environmental needs in order to determine the adequacy, of the person's logic,
judgment, insight, and self control to responsibly meet his needs.
Qualified mental health personnel
-A
person employed in the fields of mental health care, treatment or
rehabilitation whose experience, training, and supervision is commensurate with
his assigned tasks and who has not yet met the criteria of his own profession
for recognition as a health professional. Such persons shall work in programs
which are under the direction of mental health professionals.
Treatment plan
-An individualized plan of
treatment as defined in section 107 of the act (
50 P. S. §
7107
), which imposes the least restrictive
alternative consistent with affording the person adequate and appropriate
treatment for his condition.
Treatment team
-An interdisciplinary team
of at least three persons appointed by the facility director, composed of
mental health professionals, health professionals and other persons who may be
relevant to the patient's treatment. At least one member of the team shall be a
physician. The treatment team shall formulate and review an individualized
treatment plan for every person who is in treatment under the act. The
treatment team shall consult with appropriate professionals regarding the
inclusion in the treatment plan of specific modalities not within the training
or experience of the members of the treatment team.
Notes
55
Pa. Code §
5100.2
This section cited in 55 Pa. Code §
5100.71
(relating to voluntary
examination and treatment).
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