§ 5100.4. Scope.

 (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.



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