55 Pa. Code § 4210.41 – Description.

(a) Emergency services consist of observation, treatment and close supervision which are available at any hour of the day or night to persons with a mental disability who are in need of immediate care, and must not be denied a person requiring such care. Emergency care may be required to prevent aggressive behavior by the patient toward himself or others. It must be made available on a voluntary basis to others where prompt treatment increases the likelihood of recovery from emotional disturbance. Inpatient hospital care must be available to the emergency service.
(b) When it becomes necessary to make an involuntary commitment for emergency detention, section 405 of the act (50 P.S. § 4405) becomes applicable. The approval by the administrator or his delegate for such action is a governmental function which cannot be contracted for by a purchase of service agreement. Action under section 405 may be taken only when the situation is so urgent that a petition under section 406 of the act (50 P.S. § 4406) would cause a delay likely to endanger the patient or others.

This section cited in 55 Pa. Code § 4210.41a (relating to clarification of contracted purchase of service—statement of policy).