Pennsylvania SB 716: An Act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in oil and gas wells, further providing for legislative findings; and prohibiting the Governor from placing a moratorium on nonsurface disturbance natural gas drilling leases involving State forest land.

Bill Text

PRINTER'S NO. 728
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 716
Session of
2025
INTRODUCED BY LAUGHLIN, A. WILLIAMS, SANTARSIERO, FONTANA AND
YAW, MAY 2, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 2, 2025
AN ACT
Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
act relating to mental health procedures; providing for the
treatment and rights of mentally disabled persons, for
voluntary and involuntary examination and treatment and for
determinations affecting those charged with crime or under
sentence," in general provisions, further providing for
statement of policy and for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of July 9, 1976 (P.L.817,
No.143), known as the Mental Health Procedures Act, is amended
to read:
Section 102. Statement of Policy.--It is the policy of the
Commonwealth of Pennsylvania to seek to assure the availability
of adequate treatment to persons [who are mentally ill] with
mental illness, and it is the purpose of this act to establish
procedures whereby this policy can be effected. The provisions
of this act shall be interpreted in conformity with the
principles of due process to make voluntary and involuntary
treatment available where the need is great and its absence
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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"
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in section 103.1 of the act is amended and the section is
amended by adding a definition to read:
Section 103.1. Definitions.--The following words and phrases
when used in this act shall have the meanings given to them in
this section unless the context clearly indicates otherwise:
"Assisted outpatient treatment." Community-based outpatient
social, medical and behavioral health treatment services ordered
by a court for a severely mentally disabled person, which may
include one or more of the following services:
(1) Community psychiatric supportive treatment.
(2) Assertive community treatment.
(3) Medications.
(4) Individual or group therapy.
(5) Peer support services.
(6) Financial services.
(7) Housing or supervised living services.
(8) Alcohol [or substance] abuse treatments when the
treatment is a co-occurring condition for a person with a
primary diagnosis of mental [health] illness.
(8.1) Substance use disorder.
(9) Any other service prescribed to treat the person's
mental illness that either assists the person in living and
functioning in the community or helps to prevent a relapse or a
deterioration of the person's condition that would be likely to
result in a substantial risk of serious harm to the person or
others.
* * *
" Substance use disorder." A treatable mental illness that
affects a person's brain and behavior, leading to the person's
inability to control the person's use of legal or illegal drugs
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or medications.
* * *
Section 3. This act shall take effect in 60 days.
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