PRINTER'S NO. 1334
No. 1037 Session of 2007
INTRODUCED BY WASHINGTON, FONTANA, KITCHEN, TARTAGLIONE,
C. WILLIAMS AND HUGHES, JULY 24, 2007
REFERRED TO JUDICIARY, JULY 24, 2007
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 confidentiality of records.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 111 of the act of July 9, 1976 (P.L.817,
10 No.143), known as the Mental Health Procedures Act, amended July
11 2, 1996 (P.L.481, No.77), is amended to read:
12 Section 111. Confidentiality of Records.--(a) All documents
13 concerning persons in treatment shall be kept confidential and,
14 without the person's written consent, may not be released or
15 their contents disclosed to anyone except:
16 (1) those engaged in providing treatment for the person;
17 (2) the county administrator, pursuant to section 110;
18 (3) a court in the course of legal proceedings authorized by
19 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.
4 In no event, however, shall privileged communications, whether
5 written or oral, be disclosed to anyone without such written
6 consent. This shall not restrict the collection and analysis of
7 clinical or statistical data by the department, the county
8 administrator or the facility so long as the use and
9 dissemination of such data does not identify individual
10 patients. Nothing herein shall be construed to conflict with
11 section 8 of the act of April 14, 1972 (P.L.221, No.63), known
12 as the "Pennsylvania Drug and Alcohol Abuse Control Act."
13 (b) This section shall not restrict [judges] any of the
14 following:
15 (1) Judges of the courts of common pleas, mental health
16 review officers and county mental health and mental retardation
17 administrators from disclosing information to the Pennsylvania
18 State Police [or the].
19 (2) The Pennsylvania State Police from disclosing
20 information to any of the following:
21 (i) A person, in accordance with the provisions of 18
22 Pa.C.S. § 6105(c)(4) (relating to persons not to possess, use,
23 manufacture, control, sell or transfer firearms).
24 (ii) The Federal Bureau of Investigation for use in the
25 National Instant Criminal Background Check System Index
26 established under the Brady Handgun Violence Prevention Act
27 (Public Law 103-159, 18 U.S.C. § 921 et seq.).
28 Section 2. This act shall take effect in 60 days.
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