§ 5100.73. Explanation and consent to inpatient treatment.

 (a)  In order to assure that a person substantially understands the nature of voluntary inpatient treatment, an explanation shall be made to him of the findings of the preliminary evaluation and the proposed treatment and goals. An explanation of planned diagnostic and treatment procedures, including the medications, restraints or restrictions which may be utilized shall be given in terms understandable by the person seeking services.

 (b)  Each applicant shall be provided with a copy of the Patient’s Bill of Rights. Form MH-782 or the Patient’s Rights Pamphlet, PWPE #605 entitled You Have a Right To Be Treated With Dignity and Respect. Consent shall be obtained by use of Form MH-781 B, C or D.

 (c)  In the event that the consent of the applicant is given but cannot be obtained in writing, a statement on a form approved by the Department documenting that the applicant acknowledged the explanation given indicated his or her consent shall be signed by the person presenting the information and at least one witness. This statement shall be made part of the patient’s record.

 (d)  Staff of a facility, in arranging to convert a person’s legal status from involuntary treatment under civil commitment to voluntary treatment under Article II of the act (50 P. S. § §  7201—7207), shall explain to the patient that he, by converting to voluntary status, is agreeing to remain in treatment for 72 hours after giving proper notice of his intent to withdraw from treatment. A patient’s refusal to agree to remaining in treatment for this 72-hour period may be considered as sufficient grounds to deny the conversion and seek a new commitment. The conversion process for persons in involuntary treatment who are under criminal jurisdiction shall be arranged in accordance with the steps outlined in section 407 of the act (50 P. S. §  7407), and this chapter.

Cross References

   This section cited in 55 Pa. Code §  5100.71 (relating to voluntary examination and treatment).



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