PRINTER'S NO. 327
No. 324 Session of 1995
INTRODUCED BY MAITLAND, CLARK, FICHTER, TRUE, HERSHEY, NICKOL,
SAYLOR, TRELLO, CIVERA, WAUGH, MELIO, PETRONE, MERRY AND
HALUSKA, JANUARY 26, 1995
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 26, 1995
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
1 medical facilities shall be obtained in order to develop a
2 complete and permanent confidential personal history for
3 purposes of the patient's treatment.
4 (b) All patient records (including all records relating to
5 any commitment proceeding) prepared or obtained pursuant to this
6 act, and all information contained therein, shall, except for
7 permitted disclosures under 42 CFR Part 2 (relating to
8 confidentiality of alcohol and drug abuse patient records),
9 remain confidential, and may be disclosed only with the
10 patient's consent and only (i) to medical personnel exclusively
11 for purposes of diagnosis and treatment of the patient or (ii)
12 to government or other officials exclusively for the purpose of
13 obtaining benefits due the patient as a result of his drug or
14 alcohol abuse or drug or alcohol dependence except that in
15 emergency medical situations where the patient's life is in
16 immediate jeopardy, patient records may be released without the
17 patient's consent to proper medical authorities solely for the
18 purpose of providing medical treatment to the patient.
19 Disclosure may be made for purposes unrelated to such treatment
20 or benefits only upon an order of a court of common pleas after
21 application showing good cause therefor. In determining whether
22 there is good cause for disclosure, the court shall weigh the
23 need for the information sought to be disclosed against the
24 possible harm of disclosure to the person to whom such
25 information pertains, the physician-patient relationship, and to
26 the treatment services, and may condition disclosure of the
27 information upon any appropriate safeguards. No such records or
28 information may be used to initiate or substantiate criminal
29 charges against a patient under any circumstances.
30 (c) All patient records and all information contained
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1 therein relating to drug or alcohol abuse or drug or alcohol
2 dependence prepared or obtained by a private practitioner,
3 hospital, clinic, drug rehabilitation or drug treatment center
4 shall, except for permitted disclosures under 42 CFR Part 2,
5 remain 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 Section 2. This act shall apply to all procedures initiated
16 on or after the effective date of this act.
17 Section 3. This act shall take effect in 60 days.
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