§ 20.37. Emergency removal of residents.

 If the Department finds evidence of gross incompetence, negligence, misconduct in operating the facility or agency, or mistreatment or abuse of clients, likely to constitute an immediate and serious danger to the life or health of the clients, the Department will take immediate action to remove the clients from the facility or agency. If physical obstruction is offered to prevent removal of the clients the Department will request law enforcement authorities to assist in the removal of the clients.

Notes of Decisions

   Emergency Removal

   Testimony by a Department of Health employe that an emergency and health crisis existed at a care facility, in which patients were confused, unidentified and unkept, constituted substantial evidence as a matter of law to support an emergency finding thereby requiring the immediate removal of the patients. Colonial Manor Personal Care Boarding Home v. Department of Public Welfare, 551 A.2d 347 (Pa. Cmwlth. 1988); appeal denied 574 A.2d 72 (Pa. 1990).

   Inconsistency

   The remedy of emergency removal of patients under this section is not inconsistent with a statutory license suspension and both may be imposed. Colonial Manor Personal Care Boarding Home v. Department of Public Welfare, 551 A.2d 347 (Pa. Cmwlth. 1988).



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