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Thread: MHPA 1976

  1. #1
    Join Date
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    (Venango County)
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    Default MHPA 1976

    I feel that my case is a great representation of why medical treatment should never be combined with law, or as I would put it, let doctors deal strictly in medicine. I have a 302 on my record, now before you judge, check this out.

    Page 3 of the Application for Involuntary Emergency Examination And Treatment (MH-783) gives a petitioner two options for requesting the 302.

    A) The County Administrator issues a warrant authorizing a policeman or someone representing the County Administrator to take the patient to a facility for examination and treatment.

    B) That this facility examine the patient to determine his/her need for treatment.

    Option B can only be checked by a physician, a police officer, the County Administrator or his/her delegate.

    I voluntarily went to the hospital with my petitioner, for medical treatment. The petitioner selected Option A, even though I was already at the hospital. I would assume that this would fall under Option B; however, he was not a physician, a police officer, the County Administrator or his/her delegate, so that was not possible.

    Part II (Page 4) Authorization for Transportation to an Approved Facility for Examination without a Warrant. (Under Section 302(a)(2))

    BLANK (No authorization for LEO or Mental Health to take the patient for examination without a warrant)

    Part III (Page 5) If warrant is required, Part III must be completed by the County Administrator or a person designated by the Administrator to sign the warrants.

    BLANK (No warrant or denial or warrant)

    Part IV (Page 5) MH 783-A must be explained, checked that patient (me) does not understand these rights.

    Part VI (Page 7) Is to be completed by the examining physician.

    In my opinion: (Physician)
    A. The patient is severely mentally disabled and in need of treatment. He should be admitted to a facility by the County Administrator for a period of treatment not to exceed 120 hours.

    B. The patient is not in need of emergency involuntary treatment. He shall be returned to a place which he shall reasonably designate.

    Neither Checked.

    Original Act 77 Form, not signed by anyone.

    Sent back from the State Police for not being signed, dated weeks later. (Notification of Physician's Determination That No Severe Mental Disability Exists signed upon my release, not within the two hour window.)

    And the kicker...

    Consent For Voluntary Inpatient Treatment form from the same visit, to my understanding, in compliance with MHPA Section 302 (d)(1)

    Physicians are not Lawyers, or Law Enforcement, nobody expects them to be; however, this is a prime example of why the Pennsylvania Uniform Firearms Act should not be pursuant with the Mental Health Procedures Act.

    Sat in a hospital for 5 days, without a warrant, or without anyone authorizing an examination without warrant. Merica'
    Last edited by janthony8402; April 11th, 2015 at 01:04 PM.

  2. #2
    Join Date
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    DeepInTheWoods, Pennsylvania
    (Warren County)
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    Default Re: MHPA 1976

    Quote Originally Posted by janthony8402 View Post
    I feel that my case is a great representation of why medical treatment should never be combined with law, or as I would put it, let doctors deal strictly in medicine. I have a 302 on my record, now before you judge, check this out.

    Page 3 of the Application for Involuntary Emergency Examination And Treatment (MH-783) gives a petitioner two options for requesting the 302.

    A) The County Administrator issues a warrant authorizing a policeman or someone representing the County Administrator to take the patient to a facility for examination and treatment.

    B) That this facility examine the patient to determine his/her need for treatment.

    Option B can only be checked by a physician, a police officer, the County Administrator or his/her delegate.

    I voluntarily went to the hospital with my petitioner, for medical treatment. The petitioner selected Option A, even though I was already at the hospital. I would assume that this would fall under Option B; however, he was not a physician, a police officer, the County Administrator or his/her delegate, so that was not possible.

    Part II (Page 4) Authorization for Transportation to an Approved Facility for Examination without a Warrant. (Under Section 302(a)(2))

    BLANK (No authorization for LEO or Mental Health to take the patient for examination without a warrant)

    Part III (Page 5) If warrant is required, Part III must be completed by the County Administrator or a person designated by the Administrator to sign the warrants.

    BLANK (No warrant or denial or warrant)

    Part IV (Page 5) MH 783-A must be explained, checked that patient (me) does not understand these rights.

    Part VI (Page 7) Is to be completed by the examining physician.

    In my opinion: (Physician)
    A. The patient is severely mentally disabled and in need of treatment. He should be admitted to a facility by the County Administrator for a period of treatment not to exceed 120 hours.

    B. The patient is not in need of emergency involuntary treatment. He shall be returned to a place which he shall reasonably designate.

    Neither Checked.

    Original Act 77 Form, not signed by anyone.

    Sent back from the State Police for not being signed, dated weeks later. (Notification of Physician's Determination That No Severe Mental Disability Exists signed upon my release, not within the two hour window.)

    And the kicker...

    Consent For Voluntary Inpatient Treatment form from the same visit, to my understanding, in compliance with MHPA Section 302 (d)(1)

    Physicians are not Lawyers, or Law Enforcement, nobody expects them to be; however, this is a prime example of why the Pennsylvania Uniform Firearms Act should not be pursuant with the Mental Health Procedures Act.

    Sat in a hospital for 5 days, without a warrant, or without anyone authorizing an examination without warrant. Merica'
    Call Edgar Snyder?
    American by BIRTH, Infidel by CHOICE

  3. #3
    Join Date
    Feb 2013
    Location
    Oil City, Pennsylvania
    (Venango County)
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    Default Re: MHPA 1976

    I was thinking the same. I have been in touch with a psychiatric human rights organization. Similar case happened at the same hospital before, actually the man was from the same city as I am (ironic). I'm not in it for any other reason than the restoration of the Second Amendment though. Bad laws trap good people.
    Last edited by janthony8402; April 12th, 2015 at 07:11 AM.

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