Pennsylvania 302 Hold: 2-Hour Exam and 120-Hour Time Limit

A Pennsylvania 302 is an involuntary emergency 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 the person must be discharged within 120 hours (5 days) unless they agree to voluntary treatment or a certification for extended treatment is filed under Section 303. If you or someone you love is on a 302 right now, the most useful thing to do first is call the facility and ask when the 120-hour period began.

This guide follows the text of the Act itself and is part of our state-by-state guide to involuntary psychiatric holds. If you are in immediate danger, call 911. If you are thinking about suicide, call or text 988, the 988 Suicide and Crisis Lifeline.

What a Pennsylvania 302 actually is

Section 302 allows an emergency examination at a treatment facility, and treatment if the examining physician finds it is needed. It is the first step in Pennsylvania’s involuntary process. The Act describes three ways a 302 can begin: a physician’s certification, a warrant from the county administrator, or a physician or other authorized person who has personally observed conduct showing the need for an examination. Under a warrant, a peace officer or a person the county administrator authorizes can take the person to the facility named in it. Without a warrant, a physician, a peace officer or someone authorized by the county administrator can take the person to an approved facility after personally observing the conduct.

The legal standard: what has to be shown

Section 301 defines “severely mentally disabled” as a person whose capacity for self-control, judgment and discretion, or whose ability to care for personal needs, is so lessened by mental illness that they pose a clear and present danger to others or to themselves. The Act ties that danger to recent conduct:

Danger to others: the person has inflicted or attempted to inflict serious bodily harm on another person within the past 30 days, with a reasonable probability the conduct will be repeated.

Danger to self through unmet needs: within the past 30 days the person has acted in a way that shows they could not, without care and supervision, meet their need for nourishment, personal or medical care, shelter or safety, with a reasonable probability of death, serious bodily injury or serious physical debilitation within 30 days without treatment.

Self-harm ground: Section 301 also contains a separate test for self-harm conduct within the past 30 days. Ask staff which ground the application relied on, because that is the basis any later hearing will review.

The clock: what happens, and by when

The Act sets out a short sequence. Knowing it lets you ask pointed questions instead of waiting in the dark.

Within 2 hours of arrival: a physician must examine the person to decide whether they are severely mentally disabled and in need of immediate treatment. If the physician finds they are, treatment begins immediately. If not, the person must be discharged and returned to a place they reasonably direct.

On 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.

No later than 120 hours: the person must be discharged as soon as they no longer need treatment, and in any event within 120 hours, unless they are admitted to voluntary treatment under Section 202 or a certification for extended involuntary emergency treatment is filed under Section 303.

No repeat without new behavior: a person cannot be accepted for involuntary emergency treatment if a previous application was granted and the new application is not based on behavior that occurred after the earlier one. The Act added this language in a 2018 amendment.

What the facility must do for you or your family

Section 302(c) puts specific duties on the county administrator or the facility director. They must ask the person for the names of anyone they want notified, and then give those people notice of where the person is, their status, how and when they can be contacted and visited, and how to get information while the person is in inpatient treatment. They must also take reasonable steps to make sure the health and safety needs of the person’s dependents are met and that their property and home are secure.

If you are the listed contact, ask the facility to confirm in plain terms what they are required to tell you, and write down the name of the person who answers. If you have children, pets or a home to secure, say so on the first call. Our guide for families in the first 24 hours of a hold covers the call script in more detail.

What the 120 hours can end in

A 302 ends one of three ways. The first is discharge, which is required as soon as the person no longer needs treatment. The second is voluntary admission under Section 202, where the person agrees to stay and the legal basis shifts from compulsion to consent. The third is an application for extended treatment under Section 303.

If you are the person on the hold, voluntary admission is a decision with consequences. Before signing anything, ask what rights change, whether you can leave, and how much notice you must give. Ask for the answer in writing.

The Section 303 step: 24 hours, then up to 20 days

If the facility decides the need for treatment will likely run past 120 hours, it files an application in the court of common pleas. The court must appoint an attorney for the person unless they can afford and want private counsel. Within 24 hours after the application is filed, an informal hearing is held by a judge or a mental health review officer, and if practicable it takes place at the facility.

At the hearing, a physician who examined the person explains in understandable terms why continued treatment is considered necessary, and the person or their representative can ask questions of the physician and other witnesses and present information. If the judge or officer finds the person severely mentally disabled and in need of continued involuntary treatment, they certify it, and treatment can continue for a period not to exceed 20 days. If not, the person is discharged.

If the hearing was conducted by a mental health review officer, the person has the right to petition the court of common pleas for review. A hearing must be held within 72 hours after the petition is filed unless the person’s counsel requests a continuance. Records of the proceeding must be kept for at least one year.

What to do today if a 302 has started

These steps use only what the Act requires, so you can ask for them without needing legal training.

Step 1, ask for the start time: call the facility and ask what time the person arrived and when the physician examination happened. The 2-hour and 120-hour limits both depend on those times.

Step 2, ask who the notified contacts are: confirm the person gave your name, and ask how and when you can visit or call.

Step 3, ask about counsel: if a Section 303 application is filed, ask for the name of the appointed attorney and the time of the informal hearing, which is due within 24 hours of filing.

Step 4, secure dependents and property: if the person has children, a pet or an unlocked home, tell the facility on the first call and follow up the same day.

Step 5, keep a log: note each call with date, time, and the name of who you spoke with. If a hearing happens later, a clear timeline helps counsel.

For questions about what happens afterward, see our articles on whether a psychiatric hold goes on your record, who pays for a hold, and how a hold can affect gun rights. If a job is involved, hold, FMLA and ADA rights at work are covered too.

When to call 988, 911 or a doctor

If you or someone else is in immediate danger, call 911. If you are having thoughts of suicide or are worried about someone who is, call or text 988 to reach the 988 Suicide and Crisis Lifeline at any hour. The National Institute of Mental Health also maintains a page on finding help for mental illnesses, and its guidance on caring for your mental health covers everyday steps that support recovery after a crisis.

Before discharge, ask for a written plan with follow-up appointment dates and a crisis number. If you want help finding a program that fits, call 866-644-7911. The full text of the Act is published by the Pennsylvania General Assembly. Laws are amended, and local county practice can differ, so confirm current requirements with the facility or an attorney.

Questions to ask at the next phone call

Keep this short list by the phone: What time did the 120 hours begin? Has a physician examined the person, and when? Which ground did the application use? Has a Section 303 application been filed? Who is the appointed attorney? How can I visit or call? For free legal guidance, contact a Pennsylvania legal aid office or the county mental health office, and call 866-644-7911 if you want help locating treatment options.

This article is for general education only and is not legal or medical advice. The Treatment Specialist is not an emergency service. Laws change and facts vary by case, so talk with a licensed attorney or a qualified clinician about your situation. In an emergency, call 911 or 988.