§ 5100.78. Transfer of persons in voluntary treatment.

 (a)  A transfer initiated by the patient in voluntary treatment, his family, a facility director, or county administrator, under the act shall only be to approved facilities and with use of Form MH-60.

 (b)  Each person 14 years of age or older, or the parent, guardian, or person standing in loco parentis of a person under 14 years of age who is in voluntary treatment and is considered for transfer from one facility to another, shall be informed about the prospective treatment setting and modalities before giving written consent. For a person 14 to 17 years of age, notice of the proposed transfer shall be sent to the person’s parents indicating their right to object by requesting a hearing. When the transfer will result either in placing the person in a more restrictive setting, or in placing greater restrictions upon the person, these facts shall be explicitly explained to the person and his parents prior to obtaining a consent. Written consent shall be obtained prior to the release of any records for the purpose of planning or effecting a transfer.

 (c)  All necessary actions required to effect a voluntary transfer remain the responsibility of the patient in voluntary treatment, or his relatives, or both, and the releasing and accepting facilities unless there are requirements or conditions for authorization imposed by a county administrator or by order of court.

 (d)  Transfers of persons in voluntary treatment from State operated mental health facilities to another State may be arranged by the patient or his relatives, or both, by discharge and admission procedures of the respective facilities, or if necessary, a transfer may be made through the Interstate Compact Officer after consent has been obtained under subsection (b).

 (e)  Except for persons admitted to voluntary treatment under section 401 of the act (50 P. S. §  7401), transfers of persons in voluntary treatment to State operated mental health facilities from another State through the patient’s own resources or through the Interstate Compact may be made after the consent in subsection (b) has been obtained.

 (f)  For purposes of this section and §  5100.90 (relating to transfer of persons in involuntary treatment), a State mental hospital or private psychiatric hospital shall be considered a single facility, except that those distinct parts of State mental hospitals designated as either forensic units or intermediate care units shall be considered a distinct facility.

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