§ 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.

Cross References

   This section cited in 55 Pa. Code §  13.8 (relating to seclusion).

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