Two
new mental health statutes, passed by the Pennsylvania legislature
in November, 2004, became effective February 1, 2005.
The first,
20 Pa.C.S.A. §5801 et seq., deals with mental
health advance directives and mental health powers of attorney.
The
second, 35 P.S. §10101.1 and §10102.1, deals
with consent for mental health treatment for minors. It permits
minors, 14 to 18 years old, to consent to outpatient mental
health treatment without parental consent and also provides
a manner for a minor to challenge inpatient treatment to which
a parent or guardian consented.
It is not necessary for a hospital
to have a mental health unit for the statute regarding mental
health advance directives and powers of attorney to apply.
The statute regarding mental health treatment minors applies
only if a hospital has a mental health unit.
HortySpringer
has developed policies and forms to implement the requirements
of both statutes, including:
- Policy Regarding Mental
Health Advance Directives
- Policy Concerning Consent
for Mental Health Treatment for Minors Between the Ages
of 14 and 18
- Statement of Minor Patient's
Right to Object to Inpatient Mental Health Treatment
- Petition
for Court Order Concerning a Withdrawal from or Modification
of Inpatient Mental Health Treatment
- Notification to Parent(s)
or Guardian(s) of Petition Filed By Minor Requesting
Termination or Withdrawal of Inpatient Mental Health Treatment
The fee for the Policy Regarding
Mental Health Advance Directives is $325.
The fee for HortySpringer's
complete Pennsylvania Mental Health Statute Kit is $650.
The
sample Mental
Health Declaration, Mental
Health Power of Attorney and Combined
Mental Health Care Declaration and Power of Attorney provided in the statute are available on our website
for no charge.
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COMPLETE KIT NOW
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