PRINTER'S NO. 3363
No. 2608 Session of 1994
INTRODUCED BY MAITLAND, WOGAN, STERN, TRELLO, FARGO, PETTIT,
HENNESSEY, CLARK, TRUE, LYNCH, WAUGH AND MERRY,
MARCH 16, 1994
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 16, 1994
AN ACT
1 Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
2 as amended, "An act establishing the Pennsylvania Advisory
3 Council on Drug and Alcohol Abuse; imposing duties on the
4 Department of Health to develop and coordinate the
5 implementation of a comprehensive health, education and
6 rehabilitation program for the prevention and treatment of
7 drug and alcohol abuse and drug and alcohol dependence;
8 providing for emergency medical treatment; providing for
9 treatment and rehabilitation alternatives to the criminal
10 process for drug and alcohol dependence; and making repeals,"
11 further providing for the disclosure of records.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 8 of the act of April 14, 1972 (P.L.221,
15 No.63), known as the Pennsylvania Drug and Alcohol Abuse Control
16 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
1 complete and permanent confidential personal history for
2 purposes of the patient's treatment.
3 (b) All patient records (including all records relating to
4 any commitment proceeding) prepared or obtained pursuant to this
5 act, and all information contained therein, shall, except for
6 permitted disclosures under 42 C.F.R. Part 2 (relating to
7 confidentiality of alcohol and drug abuse patient records),
8 remain confidential, and may be disclosed only with the
9 patient's consent and only (i) to medical personnel exclusively
10 for purposes of diagnosis and treatment of the patient or (ii)
11 to government or other officials exclusively for the purpose of
12 obtaining benefits due the patient as a result of his drug or
13 alcohol abuse or drug or alcohol dependence except that in
14 emergency medical situations where the patient's life is in
15 immediate jeopardy, patient records may be released without the
16 patient's consent to proper medical authorities solely for the
17 purpose of providing medical treatment to the patient.
18 Disclosure may be made for purposes unrelated to such treatment
19 or benefits only upon an order of a court of common pleas after
20 application showing good cause therefor. In determining whether
21 there is good cause for disclosure, the court shall weigh the
22 need for the information sought to be disclosed against the
23 possible harm of disclosure to the person to whom such
24 information pertains, the physician-patient relationship, and to
25 the treatment services, and may condition disclosure of the
26 information upon any appropriate safeguards. No such records or
27 information may be used to initiate or substantiate criminal
28 charges against a patient under any circumstances.
29 (c) All patient records and all information contained
30 therein relating to drug or alcohol abuse or drug or alcohol
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1 dependence prepared or obtained by a private practitioner,
2 hospital, clinic, drug rehabilitation or drug treatment center
3 shall, except for permitted disclosures under 42 C.F.R. Part 2,
4 remain confidential and may be disclosed only with the patient's
5 consent and only (i) to medical personnel exclusively for
6 purposes of diagnosis and treatment of the patient or (ii) to
7 government or other officials exclusively for the purpose of
8 obtaining benefits due the patient as a result of his drug or
9 alcohol abuse or drug or alcohol dependence except that in
10 emergency medical situations where the patient's life is in
11 immediate jeopardy, patient records may be released without the
12 patient's consent to proper medical authorities solely for the
13 purpose of providing medical treatment to the patient.
14 Section 2. This act shall apply to all procedures initiated
15 on or after the effective date of this act.
16 Section 3. This act shall take effect in 60 days.
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