PRINTER'S NO. 1517
No. 1329 Session of 1997
INTRODUCED BY BISHOP, SCRIMENTI, COY, TIGUE, CARN, HALUSKA,
TRELLO, WALKO, RUBLEY, BELARDI, HORSEY, CLARK, BOSCOLA,
NAILOR, PRESTON, McGEEHAN, DeLUCA, BATTISTO, J. TAYLOR,
WASHINGTON, PISTELLA, MYERS, STETLER, THOMAS, C. WILLIAMS,
JOSEPHS, WAUGH, CORRIGAN, EGOLF, YOUNGBLOOD, OLIVER, RAMOS,
MELIO, CIVERA, STEELMAN, ORIE AND MUNDY, APRIL 16, 1997
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
APRIL 16, 1997
AN ACT
1 Amending the act of October 20, 1966 (3rd Sp.Sess., P.L.96,
2 No.6), entitled "An act relating to mental health and mental
3 retardation; authorizing county programs and amending,
4 revising and changing the laws relating thereto and making an
5 appropriation," providing for the confidentiality of records
6 and the release of records to certain persons.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 602 of the act of October 20, 1966 (3rd
10 Sp.Sess., P.L.96, No.6), known as the Mental Health and Mental
11 Retardation Act of 1966, is amended to read:
12 Section 602. Records of Persons Admitted or Committed.--(a)
13 Whenever a person is admitted or committed to any facility or
14 receives services or benefits at a facility under any provision
15 of this act, a complete record pertaining to such person shall
16 be maintained by the facility. Such record shall include, if
17 available, but need not be limited to, applications, petitions,
1 affidavits, orders of court, reports of physicians,
2 psychiatrists, psychologists, nurses, social workers, police
3 records, financial records, and all clinical records or a full
4 abstract thereof containing all essential particulars, including
5 results of physical examinations, examinations for mental
6 disability, laboratory tests, and any other material with
7 reference to such person.
8 (b) Whenever he is transferred to any other facility
9 pursuant to any provision of this act a copy of all pertinent
10 records pertaining to such person shall accompany him.
11 (c) Whenever a person who has previously received services
12 or benefits at a facility is later given services or benefits at
13 another facility the first facility shall, upon request from the
14 subsequent facility, furnish a copy of all pertinent records
15 pertaining to such person.
16 (d) Any record, or portion thereof, so maintained shall be
17 open to inspection and examination only to those persons
18 designated by the director of a facility at which such person
19 has been admitted or committed or at which he is receiving
20 services or benefits, and as to those facilities under the
21 control of the Commonwealth of Pennsylvania or local authorities
22 to such other persons as the secretary by regulation may
23 determine.
24 (e) (1) The information gathered and maintained under this
25 section shall be confidential, except for the general release of
26 information regarding the person's continued treatment at a
27 facility or discharge from a facility, by the administrator of
28 that facility or the person's treatment team, to the person's
29 family when all of the following conditions apply: (i) The
30 family has a history of continued involvement with the person.
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1 (ii) The family requests such information. (iii) The person
2 does not object to the release of the information to the family.
3 (2) All persons who use mental health services under this
4 act and their families have the right, on request, to a written
5 copy of policies and practices of the provider related to these
6 services.
7 Section 2. This act shall take effect in 60 days.
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