H0017B0033A00151 BIL:NLG 02/06/17 #90 A00151
AMENDMENTS TO HOUSE BILL NO. 17
Sponsor: REPRESENTATIVE HAHN
Printer's No. 33
Amend Bill, page 1, line 11, by inserting after "providing"
for confidentiality of records and
Amend Bill, page 1, lines 14 through 16, by striking out all
of said lines and inserting
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
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.
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(4) If a minor does not consent to medical care or
counseling, but consent is provided by a parent or legal
guardian under section 12(b), then the treating practitioner,
hospital, clinic or drug rehabilitation or drug treatment center
shall deem the parent or legal guardian the patient's
representative and is permitted to inform the parent or legal
guardian of any information that would constitute a threat to
the minor or any other individual or any other information that
is permitted under Federal or State law.
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