55 Pa. Code § 5100.76 - Notice of withdrawal
(a) Upon
request to any clinical employe of the treating facility, a person 14 years of
age or older seeking release from voluntary treatment shall be immediately
provided with Form MH-781-F issued by the Department. Unless otherwise
indicated in the patient's record, the treatment team leader shall be notified
of each request to withdraw. An adequate supply of Form MH781-F shall be
available in all treatment and living areas of the facility.
(b) The person receiving a signed Form MH
781-F from a patient shall immediately examine the patient's record to
determine whether the patient has previously agreed to remain in treatment for
a specified period not to exceed 72 hours after having given written notice of
intent to withdraw from involuntary treatment. If no such consent has been
given, the patient may immediately withdraw from treatment unless an
application for emergency involuntary treatment is executed under section 302
of the act (50 P. S. §
7302), and the
patient is advised accordingly.
(c)
If consent to remain in treatment had been given, the person examining the
record shall notify the patient and a member of the treatment team or their
designee, who shall be available at all times. The treating facility may delay
release of such person for a period not exceeding that specified if the
treatment team or its designee has reason to believe that:
(1) The individual is severely mentally
disabled and a petition for involuntary treatment under section 302 of the act
(50
P. S. §
7302), is to be filed before the end
of the specified time period; or
(2) Immediate release would be medically
dangerous to the health of the individual.
(d) The patient need not be released until
determinations in subsections (b) and (c) can be rationally made and until the
treatment team leader or designee has had an opportunity to talk with the
patient.
(e) When release of an
individual from voluntary treatment is delayed, the individual shall be
informed of the circumstances justifying the delay for the specified period of
time. The circumstances shall also be set forth in writing and made part of the
patient's record. Treatment shall be provided during this period only with
consent or as necessary to treat an emergency.
(f) Rules relating to delayed release apply
to release of persons under the age of 14 who are admitted under a delayed
release admission.
(g) The director
of the facility shall notify the administrator of the withdrawal of any
publicly funded person from voluntary treatment as soon as possible after
receiving notice from the person of his intent to withdraw from treatment. The
director of a State medical health facility shall designate staff to make a
continuity of care referral to the appropriate administrator and to participate
in the development of follow-up plans for persons withdrawing from involuntary
treatment.
(h) A person who is a
voluntary admission from a prison or jail shall not be discharged upon his
request. If the facility concurs with the person's request to withdraw from
treatment:
(1) Nonemergency or nonconsensual
treatment shall be suspended.
(2)
The person may be detained for the reasonable time necessary for the
correctional facility to arrange for the person's transportation. Normally,
transportation should be arranged and completed within 72 hours of the request
to withdraw from treatment.
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