Senate Bill 716 Printer's Number 728

PENNSYLVANIA, May 2 - could result in serious harm to the [mentally ill person] person

with mental illness or to others. Treatment on a voluntary basis

shall be preferred to involuntary treatment; and in every case,

the least restrictions consistent with adequate treatment shall

be employed. Persons [who are mentally retarded, senile,

alcoholic, or drug dependent shall receive mental health

treatment only if they are also diagnosed as mentally ill, but

these conditions of themselves shall not be deemed to constitute

mental illness: Provided, however, That nothing] with an

intellectual disability, an alcohol use disorder or with age-

related cognitive decline or dementia s hall receive treatment

only if they are also diagnosed with a mental illness, but these

conditions of themselves shall not be deemed to constitute

mental illness. For the purposes of this act, substance use

disorder shall be considered a mental illness that may qualify

for treatment under this act. Nothing in this act shall prohibit

underutilized State facilities for [the mentally ill] persons

with mental illness to be made available for the treatment of

alcohol abuse or drug addiction pursuant to the act of April 14,

1972 (P.L.221, No.63), known as the "Pennsylvania Drug and

Alcohol Abuse Control Act." Chronically disabled persons 70

years of age or older who have been continuously hospitalized in

a State operated facility for at least ten years shall not be

subject to the procedures of this act. Such a person's inability

to give a rational, informed consent shall not prohibit the

department from continuing to provide all necessary treatment to

such a person. However, if such a person protests treatment or

residence at a State operated facility he shall be subject to

the provisions of Article III.

Section 2. The definition of "assisted outpatient treatment"

20250SB0716PN0728 - 2 -