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Tags Posts tagged with "Involuntary Commitment"

Involuntary Commitment

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RCPA has formalized its opposition to SB 716 in a brief position paper. Senator Laughlin’s SB 716 would amend Pennsylvania’s Mental Health Procedures Act (MHPA) by defining substance use disorder (SUD) as a mental illness, thereby subjecting those with an SUD to the same procedures outlined in MHPA, including an involuntary commitment to a 120-hour hold in a psychiatric hospital, which is commonly referred to as a 302 (Section 302 of MHPA).

RCPA determined its position after months of discussion and analysis, including:

  • Written input from the entire RCPA SUD treatment provider membership;
  • Extensive conversations and meetings with RCPA members, including SUD and mental health treatment providers, the SUD Steering Committee, and governmental entities;
  • Multiple meetings with staff from key legislators’ offices, including Sen. Laughlin;
  • Multiple meetings with the Shapiro administration; and
  • A review of published research detailing experiences other states have had with involuntary commitment for SUD.

RCPA has offered to work with the legislature and Sen. Laughlin to implement alternative strategies that are proven effective in reducing overdoses and connecting those with SUD to treatment.

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The Office of Mental Health and Substance Abuse Services (OMHSAS) is extending the pause on the implementation of OMHSAS-25-02 Bulletin: Voluntary and Involuntary Commitment Forms, which was originally in place until August 27, 2025. OMHSAS is appreciative of all the stakeholders who took time to submit their comments and questions on the updated forms. Based on those comments, OMHSAS is planning to make further revisions to the MH 783 form that will require issuing a new bulletin.

The pause on the implementation of OMHSAS-25-02 will remain in effect until an updated bulletin is issued with the new MH 783 form. OMHSAS anticipates that the updated bulletin will be completed by the end of 2025, and the new bulletin will also have a separate effective date from the issue date to allow counties and providers to update their electronic systems, print new paper forms, and otherwise prepare for the transition to the updated forms. Counties continue to have the choice to use the prior forms or continue with the new forms issued in OMHSAS-25-02 until a new bulletin is issued. Providers, law enforcement, and other individuals using these forms should defer to their county mental health office in determining which version to use.

Along with the updated bulletin and MH 783 form, OMHSAS will be issuing an FAQ document to address questions they received on the forms more broadly and will be holding a Q&A session for stakeholders before the effective date of the new bulletin.

Questions may be sent electronically.

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Photo by Markus Winkler on Unsplash

The Office of Mental Health and Substance Abuse Services (OMHSAS) issued OMHSAS-25-02 Voluntary and Involuntary Commitment Forms on May 27, 2025. In response to concerns from stakeholders, OMHSAS will be pausing implementation of this bulletin for 90 days, through August 27, 2025. In addition to giving providers the opportunity to update electronic health records and print new forms, OMHSAS will use that time to continue to receive and respond to stakeholder questions and to schedule Q&A sessions. The department thanks stakeholders for the comments that have been provided so far and welcomes additional comments and questions, which can be sent electronically.

OMHSAS-25-02 and all forms can be found at links provided. As OMHSAS continues to work towards standardized Mental Health Procedures Act Forms that work across the Commonwealth, they appreciate your partnership and input.

Contact Emma Sharp with any questions.

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The Office of Mental Health and Substance Abuse Services (OMHSAS) has announced the Voluntary and Involuntary Commitment Forms Bulletin, OMHSAS-25-02, effective May 27, 2025, with updated forms for counties to use. For some time, counties have used different customized versions of the MH 783 statewide form. This has resulted in provider confusion, especially when an individual who is the subject of a 302 warrant is transported to a provider across county lines. OMHSAS is updating the MH 783 form and requiring counties to use this form without modifications. OMHSAS is also updating accompanying forms MH 781, MH 783A, MH 783B, MH 785, and MH 788 for use by County Mental Health/Intellectual and Developmental Disabilities (MH/IDD) administrators or their delegates for initiating the involuntary commitment of individuals at risk of harming themselves or others due to behaviors associated with acute mental illness. This bulletin announces that OMHSAS has revised forms for voluntary and involuntary commitment evaluations. Each of the revised forms has updated language, including changes accounting for Act 65 of 2020, references from “DPW” to “DHS,” and general clarification and modernization of the language within the forms.

The non-English versions are still in process, and another announcement will be posted when the links to those versions are available.

MH-783 Bulletin can be found DHS’s Bulletin web page. Additional forms can be found here.

Please contact RCPA Policy Associate Emma Sharp with any questions.

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Earlier this week, RCPA submitted its position on SB 962 to the Pennsylvania Senate Health and Human Services Committee. SB 962 would force overdose survivors into treatment for substance use disorder.

RCPA opposes SB 962 because of:

  • The enormous burden placed on providers to manage an unfunded and complex involuntary treatment process;
  • The perpetuation of stigma towards the disease of addiction by introducing the complexity and trauma of the judicial system to the treatment of a disease – not the commission of a crime; and
  • Scant evidence that this approach reduces overdoses and death.

Read RCPA’s full position paper on SB 962. You can also view the memo announcing SB 962 as well as the language of the bill.

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Photo by Markus Winkler on Unsplash

The Department of Human Services has become aware that there is confusion regarding timeframes specific to the “Warrant for Emergency Examination” under Section 302 of the Act. The field requires guidance on the length of time a warrant is considered active before the subject of the warrant has been located and the individual has been presented at an evaluation location.

When an individual displays an urgent need for evaluation and treatment due to concerns for the safety of that individual or others, authorization for an Involuntary Evaluation is outlined in the MHPA. The legislature designated a specific timeframe for an individual to be held at an evaluation location to avoid deprivation of liberty without further due process (see In Re Chiumento, 688 A. 2d 217, 221 (Pa Super, 1997)).

The mandated time limit reflects the expectation to honor the constitutional due process requirement of balancing individual liberty interests with the government’s interests in ensuring individual and societal safety.

If you have further questions, please contact RCPA Policy Director Jim Sharp.

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