Section 1690.108 - Confidentiality of records(a) A complete medical, social, occupational, and family history shall be obtained as part of the diagnosis, classification and treatment of a patient pursuant to this act. Copies of all pertinent records from other agencies, practitioners, institutions, and medical facilities shall be obtained in order to develop a complete and permanent confidential personal history for purposes of the patient's treatment.(b)(1) Patient records (including all records relating to any commitment proceeding), except patient records subject to subsection (D), prepared or obtained pursuant to this act, and all information contained therein, may not be disclosed without the patient's consent, except:(i) to medical personnel exclusively for purposes of diagnosis and treatment of the patient ;(ii) 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 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; or(iii) to a covered entity or a covered entity's business associate that makes the use, disclosure or request for disclosure in accordance with 45 CFR Pt. 164 Subpt. E (relating to privacy of individually identifiable health information) (2) Disclosure may be made for purposes unrelated to such treatment or benefits only upon an order of a court of common pleas after application showing good cause therefor. In determining whether there is good cause for disclosure, the court shall weigh the need for the information sought to be disclosed against the possible harm of disclosure to the person to whom such information pertains, the physician-patient relationship, and to the treatment services, and may condition disclosure of the information upon any appropriate safeguards. No such records or information may be used to initiate or substantiate criminal charges against a patient under any circumstances. (c)(1) Except as provided under subsection (D) and 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 not be disclosed without a patient's consent except :(i) when the patient is of the age of majority ; or(ii) if the patient is a minor, the patient consents to treatment under section 12(a) . 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;(ii) to the parent or legal guardian of a minor or any other designee for which the patient has provided consent; (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; or(iv) to a covered entity or a covered entity's business associate that makes the use, disclosure or request for disclosure in accordance with 45 CFR Pt. 164 Subpt.
E.
(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. (4) When a parent or legal guardian signs the consent for furnishing medical care and counseling on behalf of the minor and the minor refuses to sign a consent to release the treatment information to the minor's parent or legal guardian, the practitioner, hospital, clinic or drug and alcohol treatment facility providing treatment may only inform the parent or legal guardian of the facts relevant to reducing a threat to the minor or other individual in accordance with Federal or State law or any other information that is authorized under Federal or State law. (d) Notwithstanding any other provision of law, patient records of a federally assisted program subject to 42 CFR Pt. 2 (relating to confidentiality of substance use disorder patient records) and all information contained in such patient records shall remain confidential and may be disclosed only as permitted by 42 CFR Pt. 2 and other applicable federal law. Amended by P.L. TBD 2022 No. 33, § 2, eff. 7/7/2022.Amended by P.L. TBD 2018 No. 47, § 1, eff. 8/27/2018.1972, April 14, P.L. 221, No. 63, § 8.Section 3 of the 2022 amendment to this section provides that for the purpose of implementing the amendment of section 8(b) and (c)(1) and (2) of the act regarding access to confidential patient records for a covered entity or a covered entity's business associate, the Secretary of Health shall promulgate regulations in accordance the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, no later than 180 days after the effective date of this section. The department of drug and alcohol programs shall not have the authority to promulgate or enforce a regulation that restricts any disclosure of records or information that is permitted by this act.