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Pa. Code 5100.4

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Pa. Code 5100.4 active

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Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
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55 Pa. Code § 5100.4 - Scope 

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(a)
 This chapter
 applies to all involuntary treatment of mentally ill persons, whether inpatient
 or outpatient, and for all voluntary inpatient treatment of mentally ill
 persons.

(b)
 Persons 70 years of age
 or older who have been continuously hospitalized in a State-operated facility
 for at least 10 years and who are chronically disabled shall not be subject to
 the procedures of the act.
(1)
 The Department
 extends the protections of §§
 
5100.11
,
 
5100.13
-
5100.16
,
 
5100.31
-
5100.39
 and
 
5100.51
-
5100.56
 to these
 persons.

(2)
 The Department may
 continue to provide all necessary treatment to such persons regardless of their
 ability to freely give rational informed consent except when such a person
 protests treatment or residence at a State operated facility.

(3)
 Persons described in this subsection may
 become subject to involuntary treatment when the person protests and criteria
 for involuntary treatment are met.

Notes

55

 Pa. Code §
 
5100.4

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