Section 6000.1032. Applicability of section 417(c) of the MH/MR Act to health-care decisions

(a) Notwithstanding that section 417(c) of the MH/MR Act (50 P. S. § 4417(c)), regarding powers and duties of directors, explicitly references only ‘‘elective surgery,’’ that section should be read as applicable to health care decisions generally.

(b) A facility director’s authority under section 417(c) of the MH/MR Act should be construed to include authority to make decisions regarding palliative care for persons in an end-stage (terminal) condition.

(c) For care provided in the MR facility itself, no surrogate consent is needed because 18 Pa.C.S. § 2713 (relating to neglect of care-dependent person) requires that necessary care and treatment be provided without it.

(d) For care outside the mental retardation facility, such as a doctor’s office or hospital, the primary care physician (PCP) and the specialist performing the procedure can serve as the two physicians (except in the rare circumstance where the PCP is a payroll employee of the MR facility) required under section 417(c) of the MH/MR Act.