Regular Session 2019-2020 Senate Bill 1110 P.N. 1661

PRIOR PRINTER'S NOS. 1633, 1651, 1659

PRINTER'S NO. 1661

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1110

Session of

2020

INTRODUCED BY K. WARD, PHILLIPS-HILL, COLLETT, REGAN, MARTIN,

BAKER, STEFANO, ARGALL, BROOKS, DiSANTO, DINNIMAN, MASTRIANO,

KILLION AND ARNOLD, APRIL 13, 2020

AS AMENDED ON THIRD CONSIDERATION, APRIL 29, 2020

AN ACT

Amending the act of April 23, 1956 (1955 P.L.1510, No.500),

entitled "An act providing for the prevention and control of

communicable and non-communicable diseases including venereal

diseases, fixing responsibility for disease prevention and

control, requiring reports of diseases, and authorizing

treatment of venereal diseases, and providing for premarital

and prenatal blood tests; amending, revising and

consolidating the laws relating thereto; and repealing

certain acts," further providing for definitions and, FOR

REPORTS AND for confidentiality of reports and records.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2 of the act of April 23, 1956 (1955

P.L.1510, No.500), known as the Disease Prevention and Control

Law of 1955, is amended by adding a definition DEFINITIONS to

read:

Section 2. Definitions.--

The following terms, whenever used in this act, have the

meanings indicated in this section, except where the context

indicates a clearly different meaning:

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(M) HEALTH CARE FACILITY. AS DEFINED IN SECTION 103 OF THE

ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN AS THE HEALTH CARE

FACILITIES ACT.

(m) (N) Individually identifiable health information.

Information , whether oral, written, electronic, visual,

pictorial, physical or in any other form, that relates to an

individual's past, present or future physical health status,

condition, treatment, service, products purchased or provision

of care and:

(1) reveals the identity of the individual whose health care

is the subject of the information; or

(2) serves as a reasonable basis to reveal the identity of

the individual whose health care is the subject of the

information, alone or in conjunction with other information that

is or reasonably should be known to be available.

(O) PERSONAL CARE HOME. AS DEFINED UNDER SECTION 1001 OF THE

ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE HUMAN

SERVICES CODE.

Section 1.1. Section SECTIONS 4 AND 15 of the act is ARE

amended to read:

SECTION 4. REPORTS.--

(A) EVERY PHYSICIAN WHO TREATS OR EXAMINES ANY PERSON WHO IS

SUFFERING FROM OR WHO IS SUSPECTED OF HAVING A COMMUNICABLE

DISEASE, OR ANY PERSON WHO IS OR WHO IS SUSPECTED OF BEING A

CARRIER, SHALL MAKE A PROMPT REPORT OF THE DISEASE IN THE MANNER

PRESCRIBED BY REGULATION TO THE LOCAL BOARD OR DEPARTMENT OF

HEALTH WHICH SERVES THE MUNICIPALITY WHERE THE DISEASE OCCURS OR

WHERE THE CARRIER RESIDES OR TO THE DEPARTMENT IF SO PROVIDED BY

REGULATION.

(B) THE DEPARTMENT OR LOCAL BOARDS OR DEPARTMENTS OF HEALTH

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MAY REQUIRE THE HEADS OF HOSPITALS AND OTHER INSTITUTIONS, THE

DIRECTORS OF LABORATORIES, SCHOOL AUTHORITIES, THE PROPRIETORS

OF HOTELS, ROENTGENOLOGISTS, LODGING HOUSES, ROOMING HOUSES OR

BOARDING HOUSES, NURSES, MIDWIVES, HOUSEHOLDERS, AND OTHER

PERSONS HAVING KNOWLEDGE OR SUSPICION OF ANY COMMUNICABLE

DISEASE, TO MAKE A PROMPT REPORT OF THE DISEASE IN A MANNER

PRESCRIBED BY REGULATION TO THE LOCAL BOARD OR DEPARTMENT OF

HEALTH WHICH SERVES THE MUNICIPALITY WHERE THE DISEASE OCCURS,

OR TO THE DEPARTMENT IF SO PROVIDED BY REGULATION.

OF THE DISEASES REPORTED TO THEM TO THE DEPARTMENT AT SUCH TIMES

AND IN SUCH MANNER AS SHALL BE PROVIDED FOR BY REGULATION.

(D) EVERY PHYSICIAN OR EVERY PERSON IN CHARGE OF ANY

INSTITUTION FOR THE TREATMENT OF DISEASES SHALL BE AUTHORIZED,

UPON REQUEST OF THE SECRETARY, TO MAKE REPORTS OF SUCH DISEASES

AND CONDITIONS OTHER THAN COMMUNICABLE DISEASES WHICH IN THE

OPINION OF THE ADVISORY HEALTH BOARD ARE NEEDED TO ENABLE THE

SECRETARY TO DETERMINE AND EMPLOY THE MOST EFFICIENT AND

PRACTICAL MEANS TO PROTECT AND TO PROMOTE THE HEALTH OF THE

PEOPLE BY THE PREVENTION AND CONTROL OF SUCH DISEASES AND

CONDITIONS OTHER THAN COMMUNICABLE DISEASES. THE REPORTS SHALL

BE MADE UPON FORMS PRESCRIBED BY THE SECRETARY AND SHALL BE

TRANSMITTED TO THE DEPARTMENT OR TO LOCAL BOARDS OR DEPARTMENTS

OF HEALTH AS REQUESTED BY THE SECRETARY.

(E) IN ADDITION TO THE THE REQUIREMENTS UNDER THIS SECTION,

DURING A PROCLAMATION OF DISASTER EMERGENCY ISSUED BY THE

GOVERNOR THAT IS BASED UPON A COMMUNICABLE DISEASE, ANY

ADMINISTRATOR OF A HEALTH CARE FACILITY OR A PERSONAL CARE HOME

WHO HAS KNOWLEDGE THAT A PATIENT OR RESIDENT IS SUFFERING FROM A

COMMUNICABLE DISEASE RELATED TO THE DISASTER EMERGENCY SHALL

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MAKE A PROMPT REPORT OF THE DISEASE IN THE MANNER PRESCRIBED BY

REGULATION TO THE LOCAL BOARD OR DEPARTMENT OF HEALTH WHICH

SERVES THE MUNICIPALITY WHERE THE PATIENT OR RESIDENT RESIDES OR

TO THE DEPARTMENT IF SO PROVIDED BY REGULATION.

Section 15. Confidentiality of Reports and Records.--

(a) State and local health authorities may not disclose

reports of diseases, any records maintained as a result of any

action taken in consequence of such reports, or any other

records maintained pursuant to this act or any regulations, to

any person who is not a member of the department or of a local

board or department of health, except [where necessary to carry

out the purposes of this act.] as follows:

(1) Where necessary to carry out the purposes of this act.

(2) Under a proclamation of disaster emergency issued by the

Governor that is based upon a communicable disease, the

secretary or local health authority shall release, within 24

hours of receiving information of a confirmed case of a

communicable disease, individually identifiable health

information related to the communicable disease to 911 centers,

law enforcement officers, fire department personnel , coroners

and emergency medical services personnel, in each county of this

Commonwealth. 911 centers, law enforcement officers, fire

department personnel , coroners and emergency medical services

personnel shall follow all applicable Federal and State laws,

regulations and confidentiality standards.

(b) State and local health authorities may permit the use of

data contained in disease reports and other records, maintained

pursuant to this act, or any regulation, for research purposes,

subject to strict supervision by the health authorities to

insure that the use of the reports and records is limited to the

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specific research purposes.

Section 2. This act shall take effect immediately.

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