Regulation detail

Pa. Code 5100.3

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Pa. Code 5100.3 active

Statement of policy

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
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55 Pa. Code § 5100.3 - Statement of policy 

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(a)
 The act
 establishes procedures for the treatment of mentally ill persons. The
 procedures are to be applied consistently with the principles of due process to
 make voluntary and involuntary treatment available where the need is great and
 where the absence of treatment could result in serious harm to the mentally ill
 person or to others. The act and the Mental Health and Mental Retardation Act
 of 1966, set forth the Commonwealth's policy and procedures regarding the
 provision of mental health services. This chapter implements and supplements
 the act and the Mental Health and Mental Retardation Act of 1966, and are to be
 read together with the applicable provisions of the act and the Mental Health
 and Mental Retardation Act of 1966.

(b)
 It is the policy of the Commonwealth to
 seek to assure that adequate treatment is available with the least restrictions
 necessary to meet each client's needs. While this policy remains a shared
 responsibility between State, county, and facility personnel, the
 accountability for recommending the transfer to the least restrictive
 alternatives available remains a responsibility of those directing treatment.
 Adequate treatment provided in an individual's own community or as close as
 possible to his own home shall be preferred.

(c)
 Persons who are mentally retarded,
 senile, alcoholic or drug dependent shall be afforded mental health examination
 or treatment if they are also diagnosed as mentally ill, or if there is a
 reasonable probability that upon examination such diagnosis will be
 established.

(d)
 Persons in
 treatment under the act shall be afforded necessary diagnostic or treatment
 procedures as defined in their treatment plan for conditions of mental
 retardation, senility, alcohol, or drug abuse when it is determined that the
 absence of such procedures will be detrimental to the progress of the person
 accomplishing the goals of treatment.

Notes

55

 Pa. Code §
 
5100.3

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