PRINTER'S NO. 1051
No. 964 Session of 1981
INTRODUCED BY MOEHLMANN, JACKSON AND MILLER, MARCH 23, 1981
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, MARCH 23, 1981
AN ACT
1 Amending the act of July 9, 1976 (P.L.817, No.143), entitled "An
2 act relating to mental health procedures; providing for the
3 treatment and rights of mentally disabled persons, for
4 voluntary and involuntary examination and treatment and for
5 determinations affecting those charged with crime or under
6 sentence," further providing for the confidentiality of
7 records.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 111, act of July 9, 1976 (P.L.817,
11 No.143), known as the "Mental Health Procedures Act," is amended
12 to read:
13 Section 111. Confidentiality of Records.--All documents
14 concerning persons in treatment shall be kept confidential and,
15 without the person's written consent, may not be released or
16 their contents disclosed to anyone except:
17 (1) those engaged in providing treatment for the person;
18 (2) the county administrator, pursuant to section 110;
19 (3) a court in the course of legal proceedings authorized by
20 this act; [and]
1 (4) pursuant to Federal rules, statutes and regulations
2 governing disclosure of patient information where treatment is
3 undertaken in a Federal agency; and
4 (5) persons charged with the administration or enforcement
5 of 18 Pa.C.S. § 6101 et seq. (relating to uniform firearms act).
6 In no event, however, shall privileged communications, whether
7 written or oral, be disclosed to anyone without such written
8 consent. This shall not restrict the collection and analysis of
9 clinical or statistical data by the department, the county
10 administrator or the facility so long as the use and
11 dissemination of such data does not identify individual
12 patients. Nothing herein shall be construed to conflict with
13 section 8 of the act of April 14, 1972 (P.L.221, No.63), known
14 as the "Pennsylvania Drug and Alcohol Abuse Control Act."
15 Section 2. This act shall take effect immediately.
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