PA 302 Commitment: 2-Hour Exam, 120-Hour Limit, Your Rights

A Pennsylvania 302 commitment is an emergency mental health examination under Section 302 of the state’s Mental Health Procedures Act. A physician must examine the person within 2 hours of arrival at the facility, and treatment under a 302 cannot last longer than 120 hours (5 days) unless the person agrees to stay voluntarily or the facility files for extended treatment under Section 303. If someone you love is in a 302, or you are, the clock and a short list of rights decide what happens next. This guide walks through the steps in order and what to do at each one.

If anyone is in immediate danger, call 911. If you or someone else is thinking about suicide, call or text 988, the Suicide and Crisis Lifeline, any time. This page is educational and is not an emergency service.

What a 302 is, in plain terms

“302” is shorthand for Section 302 of Pennsylvania’s Mental Health Procedures Act of 1976. It is the state’s route for an involuntary emergency examination and short-term treatment. The law says a person in treatment under it must be discharged as soon as it is determined that treatment is no longer needed, and in any event within 120 hours unless one of two things happens first.

It is different from the longer processes that can follow. Section 303 covers extended emergency treatment of up to 20 days, and Section 304 covers court-ordered treatment of up to 90 days. A 302 is only the first stage.

Who can start a 302, and how

The statute describes three routes to an emergency examination. Each one still ends the same way, with an examination by a physician at an approved facility.

Physician certification: A physician can certify the need for an examination at a treatment facility.

County warrant: A physician or other responsible party can apply in writing to the county administrator, who may issue a warrant that directs an authorized person or a peace officer to take the person to the named facility.

Observed conduct without a warrant: A physician, peace officer, or person authorized by the county administrator who personally observes conduct giving reasonable grounds to believe the person is severely mentally disabled and in need of immediate treatment can take the person to an approved facility. On arrival, that person must write down the grounds.

The standard is “severely mentally disabled,” which the Act defines as a person whose capacity for self-control, judgment, and discretion is so lessened by mental illness that the person poses a clear and present danger of harm to others or to themselves. The examining physician makes that call.

The timeline, step by step

Hour 0, arrival: The person must be told the reasons for the examination and of the right to communicate immediately with others, and must be given reasonable use of the telephone.

Within 2 hours, physician examination: A physician examines the person to decide whether the person is severely mentally disabled and in need of immediate treatment. If the physician does not find that, the person is discharged and returned to a place the person reasonably directs.

Up to 120 hours, emergency treatment: If the physician does find it, treatment begins immediately. The facility must reassess along the way. If it appears at any point that immediate treatment is no longer needed, the person is to be discharged.

By hour 120, one of three outcomes: The person is discharged, the person agrees to voluntary treatment under Section 202, or the facility files an application for extended treatment under Section 303.

The 120 hours are a ceiling, not a target.

What to do in the first hours

These steps take minutes.

Write down the arrival time. Every deadline in the law counts from it. Ask the facility for the time of arrival and note the name of the person who tells you.

Ask who the notification contact is. The law requires the person to be asked for the names of people to be notified. The county administrator or facility director must then tell those people where the person is, how and when to reach or visit, and how to get information. If you have not been called, ask the facility directly whether your name was given.

Ask what has been done for dependents and belongings. The Act also requires reasonable steps to make sure the health and safety needs of the person’s dependents are met and that personal property and home are secure while the person is detained. If children, a dependent adult, or a pet are alone, say so right away.

Ask for the exam outcome. A good first question: “Has the physician examined the person yet, and what was decided?”

If you need help sorting through options or finding a facility or provider near you, our team can talk through next steps at 866-644-7911.

If the facility asks for more than 120 hours

Section 303 applies when the facility decides the need for emergency treatment is likely to extend beyond 120 hours. The application is filed with the court of common pleas, and it must state the grounds and the substance of the examining physician’s opinion.

The Act then sets short, specific deadlines. The court appoints an attorney for the person unless the person can afford and wants private counsel. An informal hearing is held within 24 hours after the application is filed, by a judge or a mental health review officer, and when practicable at the facility. The person or the person’s representative can ask the physician questions and present information. If the judge or review officer finds the person severely mentally disabled and in need of continued involuntary treatment, either inpatient or through less restrictive assisted outpatient treatment, the certification follows. Otherwise the person is discharged. Extended treatment under Section 303 cannot exceed 20 days.

One practical move: if you are a family member, ask the facility whether a Section 303 application has been filed and, if so, who the appointed attorney is and when the hearing is scheduled. That is a direct question with a direct answer.

Rights to know about

Based on the text of Sections 302 and 303, a person held under a 302 has these protections:

• To be told the reasons for the examination on arrival.
• To communicate immediately with others and to have reasonable use of the telephone.
• To have people of the person’s choosing notified of the location and status.
• To be examined by a physician within 2 hours of arrival.
• To be discharged as soon as treatment is no longer needed, and no later than 120 hours unless voluntary status or a Section 303 application applies.
• If a Section 303 application is filed, to have counsel and an informal hearing within 24 hours of the filing.

The Act also bars accepting a person for involuntary emergency treatment based on a previous application that was already granted, unless the new application rests on behavior occurring after the earlier one.

Voluntary treatment is still an option

The law explicitly allows a person to move to voluntary treatment under Section 202 during a 302. Ask the treatment team what voluntary status would mean in practice, including how and when a person on voluntary status can leave.

After the 302 ends

Whatever the outcome, ask for a written discharge or follow-up plan before leaving. Useful items to request are: a list of follow-up appointments with dates, the name of the person to call if symptoms return, and a crisis plan that names who to call at what point. Our guide to when to go to the ER for a mental health crisis explains what to expect when a visit begins in an emergency department.

Pennsylvania is one of many states with its own process. Compare it with the California 5150 hold, the Florida Baker Act, and involuntary commitment in Illinois. The differences in who can start a hold, how long it lasts, and what the person is told are real. Our involuntary psychiatric hold laws by state hub puts them side by side. If you are dealing with a hold elsewhere, see how to get someone released from a 5150 hold for the kind of questions worth asking.

Where to find reliable information and help

The statute’s text is published by the Pennsylvania General Assembly. We read Sections 301 through 304 of the Mental Health Procedures Act there on October 1, 2026, and the time limits above are taken from that text. Laws change, so confirm the current version before relying on it: Mental Health Procedures Act, Chapter 3 (Pennsylvania General Assembly).

For crisis support, the 988 Suicide and Crisis Lifeline (SAMHSA) is available by call or text. For general guidance on finding care, see help for mental illnesses from the National Institute of Mental Health and mental health information from SAMHSA.

If you want to talk through treatment options after a hold, call 866-644-7911 and we will help you work through what to ask and where to look.

Frequently asked questions

Can a 302 last longer than five days? Not under Section 302 alone. After 120 hours the person must be discharged, agree to voluntary treatment, or have a Section 303 application filed.

Can the person make a phone call? Yes. The Act says the person must be given reasonable use of the telephone and the right to communicate immediately with others.

This article is for educational purposes only and is not medical or legal advice, diagnosis, or treatment. It is not a substitute for care from a qualified professional or advice from an attorney. If you or someone else is in immediate danger, call 911. For emotional crisis support, call or text 988 any time.