§ 5843. Construction
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 20 Pa.C.S.A. Decedents, Estates and FiduciariesEffective: January 31, 2005
Effective: January 31, 2005
20 Pa.C.S.A. § 5843
§ 5843. Construction
(4) Affect the ability to admit a person to a mental health facility under the voluntary and involuntary commitment provisions of the act of July 9, 1976 (P.L. 817, No. 143),1 known as the Mental Health Procedures Act.
(1) The disclosure requirements of section 5836(e) (relating to authority of mental health care agent) shall supersede any provision in any other State statute or regulation that requires a principal to consent to disclosure or which otherwise conflicts with section 5836(e), including, but not limited to, the following:
(i) The act of April 14, 1972 (P.L. 221, No. 63),2 known as the Pennsylvania Drug and Alcohol Abuse Control Act.
(ii) Section 111 of the act of July 9, 1976 (P.L. 817, No. 143),3 known as the Mental Health Procedures Act.
(iii) The act of October 5, 1978 (P.L. 1109, No. 261),4 known as the Osteopathic Medical Practice Act.
(iv) Section 41 of the act of December 20, 1985 (P.L. 457, No. 112),5 known as the Medical Practice Act of 1985.
(v) The act of November 29, 1990 (P.L. 585, No. 148),6 known as the Confidentiality of HIV-Related Information Act.
(d) Legal remedies.--An interested party may file a petition seeking a determination that following the directions in the declaration or the mental health power of attorney may cause potential irreparable harm or death. In that event, the court may invalidate some or all of the provisions and issue orders appropriate to the circumstances authorizing treatment. The courts shall issue an order within 72 hours from the filing of the petition.
Credits
2004, Nov. 30, P.L. 1525, No. 194, § 1, effective in 60 days [Jan. 31, 2005].
Footnotes
50 P.S. § 7101 et seq.
71 P.S. § 1690.101 et seq.
50 P.S. § 7111.
63 P.S. § 271.1 et seq.
63 P.S. § 422.41.
35 P.S. § 7601 et seq.
20 Pa.C.S.A. § 5843, PA ST 20 Pa.C.S.A. § 5843
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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