PRINTER'S NO. 1511
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1025
Session of
2018
INTRODUCED BY BOSCOLA, COSTA, BROWNE, MENSCH, LANGERHOLC,
RESCHENTHALER, VULAKOVICH, WAGNER AND WARD, FEBRUARY 27, 2018
REFERRED TO HEALTH AND HUMAN SERVICES, FEBRUARY 27, 2018
AN ACT
Amending the act of April 14, 1972 (P.L.221, No.63), entitled,
"An act establishing the Pennsylvania Advisory Council on
Drug and Alcohol Abuse; imposing duties on the Department of
Health to develop and coordinate the implementation of a
comprehensive health, education and rehabilitation program
for the prevention and treatment of drug and alcohol abuse
and drug and alcohol dependence; providing for emergency
medical treatment; providing for treatment and rehabilitation
alternatives to the criminal process for drug and alcohol
dependence; and making repeals," further providing for
confidentiality of records and for consent of minor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 8(c) and 12 of the act of April 14, 1972
(P.L.221, No.63), known as the Pennsylvania Drug and Alcohol
Abuse Control Act, are amended to read:
Section 8. Confidentiality of Records.--* * *
(c) [All] (1) Except as provided under section 12(b),
patient records and all information contained therein relating
to drug or alcohol abuse or drug or alcohol dependence prepared
or obtained by a private practitioner, hospital, clinic, drug
rehabilitation or drug treatment center shall remain
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confidential and may be disclosed [only with the patient's
consent and] only:
(i) when the patient is of the age of majority and consents
to the disclosure; or
(ii) if the patient is a minor, the patient consents to
treatment under section 12(a) and consents to the disclosure. A
minor patient who does not consent to medical treatment or
counseling under section 12(a) may consent to the disclosure of
records and information.
(2) Records and information subject to disclosure in
accordance with paragraph (1) shall only be disclosed:
(i) to medical personnel exclusively for purposes of
diagnosis and treatment of the patient [or];
(ii) to the parent or legal guardian of a minor or any other
designee for which the patient has provided consent; or
(iii) to government or other officials exclusively for the
purpose of obtaining benefits due the patient as a result of his
drug or alcohol abuse or drug or alcohol dependence [except
that].
(3) Notwithstanding any other provisions of this section, in
emergency medical situations where the patient's life is in
immediate jeopardy, patient records may be released without the
patient's consent to proper medical authorities solely for the
purpose of providing medical treatment to the patient.
(4) When a parent or legal guardian signs the consent for
furnishing medical care and counseling on behalf of the minor
and the minor refuses to sign a consent to release the treatment
information to the minor's parent or legal guardian, the
practitioner, hospital, clinic or drug and alcohol treatment
facility providing treatment may only inform the parent or legal
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guardian of the facts relevant to reducing a threat to the minor
or other individual in accordance with Federal or State law or
any other information that is authorized under Federal or State
law.
Section 12. Consent [of Minor] for Minors.--(a)
Notwithstanding any other provisions of law, a minor who suffers
from the use of a controlled or harmful substance may give
consent to furnishing of medical care or counseling related to
diagnosis or treatment. The consent of the parents or legal
guardian of the minor shall not be necessary to authorize
medical care or counseling related to such diagnosis or
treatment. The consent of the minor shall be valid and binding
as if the minor had achieved his majority. Such consent shall
not be voidable nor subject to later disaffirmance because of
minority. Any physician or any agency or organization operating
a drug abuse program, who provides counseling to a minor who
uses any controlled or harmful substance may, but shall not be
obligated to inform the parents or legal guardian of any such
minor as to the treatment given or needed.
(b) Notwithstanding a minor's refusal to provide consent, a
parent or legal guardian may give consent for the minor.
(c) Notwithstanding the provisions of subsection (a), when a
minor receiving medical treatment or counseling revokes consent
to share information with a parent or legal guardian or
terminates the treatment, notification of the revocation or
termination shall be made to the parent or legal guardian.
Section 2. This act shall take effect in 60 days.
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