PRINTER'S NO. 2338
No. 1903 Session of 1977
INTRODUCED BY DiCARLO AND LINCOLN, NOVEMBER 22, 1977
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, NOVEMBER 22, 1977
AN ACT
1 Amending the act of April 14, 1972 (P.L.221, No.63), entitled
2 "An act establishing the Governor's Council On Drug and
3 Alcohol Abuse; imposing duties on the council to develop and
4 coordinate the implementation of a comprehensive health,
5 education and rehabilitation program for the prevention and
6 treatment of drug and alcohol abuse and drug and alcohol
7 dependence; providing for emergency medical treatment;
8 providing for treatment and rehabilitation alternatives to
9 the criminal process for drug and alcohol dependence; and
10 making repeals," further providing for confidentiality of
11 records.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 8, act of April 14, 1972 (P.L.221,
15 No.63), known as the "Pennsylvania Drug and Alcohol Abuse
16 Control Act," is amended to read:
17 Section 8. Confidentiality of Records.--[(a) A complete
18 medical, social, occupational, and family history shall be
19 obtained as part of the diagnosis, classification and treatment
20 of a patient pursuant to this act. Copies of all pertinent
21 records from other agencies, practitioners, institutions, and
22 medical facilities shall be obtained in order to develop a
23 complete and permanent confidential personal history for
1 purposes of the patient's treatment.
2 (b) All patient records (including all records relating to
3 any commitment proceeding) prepared or obtained pursuant to this
4 act, and all information contained therein, shall remain
5 confidential, and may be disclosed only with the patient's
6 consent and only (i) to medical personnel exclusively for
7 purposes of diagnosis and treatment of the patient or (ii) to
8 government or other officials exclusively for the purpose of
9 obtaining benefits due the patient as a result of his drug or
10 alcohol abuse or drug or alcohol dependence except that in
11 emergency medical situations where the patient's life is in
12 immediate jeopardy, patient records may be released without the
13 patient's consent to proper medical authorities solely for the
14 purpose of providing medical treatment to the patient.
15 Disclosure may be made for purposes unrelated to such treatment
16 or benefits only upon an order of a court of common pleas after
17 application showing good cause therefor. In determining whether
18 there is good cause for disclosure, the court shall weigh the
19 need for the information sought to be disclosed against the
20 possible harm of disclosure to the person to whom such
21 information pertains, the physician-patient relationship, and
22 to the treatment services, and may condition disclosure of the
23 information upon any appropriate safeguards. No such records or
24 information may be used to initiate or substantiate criminal
25 charges against a patient under any circumstances.
26 (c) All patient records and all information contained
27 therein relating to drug or alcohol abuse or drug or alcohol
28 dependence prepared or obtained by a private practitioner,
29 hospital, clinic, drug rehabilitation or drug treatment center
30 shall remain confidential and may be disclosed only with the
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1 patient's consent and only (i) to medical personnel exclusively
2 for purposes of diagnosis and treatment of the patient or (ii)
3 to government or other officials exclusively for the purpose of
4 obtaining benefits due the patient as a result of his drug or
5 alcohol abuse or drug or alcohol dependence except that in
6 emergency medical situations where the patient's life is in
7 immediate jeopardy, patient records may be released without the
8 patient's consent to proper medical authorities solely for the
9 purpose of providing medical treatment to the patient.]
10 (a) A complete medical, social, occupational and family
11 history shall be obtained as part of the diagnosis,
12 classification and treatment of a patient pursuant to this act.
13 Copies of all pertinent records from other agencies,
14 practitioners, institutions and medical facilities shall be
15 obtained in order to develop a complete and permanent
16 confidential personal history for purposes of the patient's
17 treatment. All patient records and all information contained
18 therein shall be confidential and may be disclosed only to the
19 extent for the purposes and under the circumstances expressly
20 authorized by this section.
21 (b) All patient records and all information contained
22 therein relating to drug or alcohol abuse or drug or alcohol
23 dependence prepared or obtained by a private practitioner,
24 hospital, clinic, drug or alcohol rehabilitation or drug or
25 alcohol treatment center shall remain confidential and may be
26 released only to the extent for the purposes and under the
27 circumstances expressly authorized by this section.
28 (c) The content of any record referred to in subsections (a)
29 and (b) may be disclosed in accordance with the prior written
30 consent of the patient with respect to whom such record is
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1 maintained but only to such extent, under such circumstances and
2 for such purposes as may be allowed under regulations prescribed
3 by the council pursuant to subsection (h).
4 (d) Whether or not the patient with respect to whom any
5 given record referred to in subsections (a) and (b) is
6 maintained gives his consent, the content of such record may be
7 disclosed as follows:
8 (1) To medical personnel to the extent necessary to meet a
9 bona fide medical emergency.
10 (2) To qualified personnel for the purpose of conducting
11 scientific research, management audits, financial audits or
12 program evaluation, but such personnel may not identify,
13 directly or indirectly, any individual patient in any report of
14 such research, audit or evaluation or otherwise disclose patient
15 identities in any manner.
16 (3) In civil proceeding only if authorized by an appropriate
17 order of the court of common pleas after application showing
18 good cause therefore. In assessing good cause the court shall
19 weigh the public interest and the need for disclosure against
20 the injury to the patient, to the physician-patient relationship
21 and to the treatment services. Upon the granting of such order,
22 the court, in determining the extent to which any disclosure of
23 all or any part of any record is necessary, shall impose
24 appropriate safeguards against unauthorized disclosure.
25 (e) No record or any information contained therein,
26 maintained pursuant to subsections (a) and (b) may be used to
27 initiate or substantiate any criminal charges against a patient
28 or to conduct a criminal investigation of a patient under any
29 circumstances.
30 (f) The prohibitions of this section shall continue to apply
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1 to records concerning any individual who has been a patient,
2 irrespective of whether or when he ceases to be a patient.
3 (g) Any person who violates any provision of this section or
4 any regulation issued pursuant to this section shall be fined
5 not more than $500 in the case of a first offense and not more
6 than $5,000 in the case of each subsequent offense.
7 (h) The council shall prescribe regulations to carry out the
8 purpose of this section. These regulations may contain such
9 definitions and may provide for such safeguards and procedures,
10 as in the judgement of the council are necessary or proper to
11 effectuate the purposes of this section, to prevent
12 circumvention or evasion thereof, or to facilitate compliance
13 therewith.
14 Section 2. This act shall take effect in 60 days.
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