Section 3800.19. Consent to treatment

(a) The facility shall comply with the following statutes and regulations relating to consent to treatment, to the extent applicable:

(1) 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act).

(2) The Mental Health Procedures Act (50 P. S. § § 7101—7503).

(3) The act of February 13, 1970 (P. L. 19, No. 10) (35 P. S. § § 10101—10105).

(4) Chapter 5100 (relating to mental health procedures).

(5) The Pennsylvania Drug and Alcohol Abuse Control Act (71 P. S. § § 1690.101—1690.115).

(6) Other applicable statutes and regulations.

(b) The following consent requirements apply unless in conflict with the requirements of applicable statutes and regulations specified in subsection (a):

(1) Whenever possible, general written consent shall be obtained upon admission, from the child’s parent or legal guardian, for the provision of routine health care such as child health examinations, dental care, vision care, hearing care and treatment for injuries and illnesses.

(2) A separate written consent shall be obtained prior to treatment, from the child’s parent or legal guardian, or, if the parent or guardian cannot be located, by court order, for each incidence of nonroutine treatment such as elective surgery and experimental procedures.

(3) Consent for emergency care or treatment is not required.

Notation

Cross References

This section cited in 55 Pa. Code § 3800.31 (relating to notification of rights and grievance procedures); and 55 Pa. Code § 3800.243 (relating to content of records).