PRINTER'S NO. 412
No. 395 Session of 2001
INTRODUCED BY BISHOP, THOMAS, CALTAGIRONE, YOUNGBLOOD, BELFANTI,
TIGUE, BEBKO-JONES, PRESTON, DeLUCA, MUNDY, WALKO, SATHER,
M. COHEN, SCRIMENTI, J. TAYLOR, WASHINGTON, JOSEPHS,
PHILLIPS, JAMES, HORSEY, WATERS AND J. WILLIAMS,
JANUARY 31, 2001
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
JANUARY 31, 2001
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 records of patients.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 602 of the act of October 20, 1966 (3rd
9 Sp.Sess., P.L.96, No.6), known as the Mental Health and Mental
10 Retardation Act of 1966, is amended to read:
11 Section 602. Records of Persons Admitted or Committed.--(a)
12 Whenever a person is admitted or committed to any facility or
13 receives services or benefits at a facility under any provision
14 of this act, a complete record pertaining to such person shall
15 be maintained by the facility. Such record shall include, if
16 available, but need not be limited to, applications, petitions,
17 affidavits, orders of court, reports of physicians,
1 psychiatrists, psychologists, nurses, social workers, police
2 records, financial records, and all clinical records or a full
3 abstract thereof containing all essential particulars, including
4 results of physical examinations, examinations for mental
5 disability, laboratory tests, and any other material with
6 reference to such person.
7 (b) Whenever he is transferred to any other facility
8 pursuant to any provision of this act a copy of all pertinent
9 records pertaining to such person shall accompany him.
10 (c) Whenever a person who has previously received services
11 or benefits at a facility is later given services or benefits at
12 another facility the first facility shall, upon request from the
13 subsequent facility, furnish a copy of all pertinent records
14 pertaining to such person.
15 (d) Any record, or portion thereof, so maintained shall be
16 open to inspection and examination only to those persons
17 designated by the director of a facility at which such person
18 has been admitted or committed or at which he is receiving
19 services or benefits, and as to those facilities under the
20 control of the Commonwealth of Pennsylvania or local authorities
21 to such other persons as the secretary by regulation may
22 determine.
23 (e) (1) The information gathered and maintained under this
24 section shall be confidential, except for the general release of
25 information regarding the person's continued treatment at a
26 facility or discharge from a facility, by the administrator of
27 that facility or the person's treatment team, to the person's
28 family if all of the following conditions apply: (i) The family
29 has a history of continued involvement with the person. (ii)
30 The family requests the information. (iii) The person does not
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1 object to the release of the information to the family.
2 (2) All persons who use mental health services under this
3 act and their families have the right, on request, to a written
4 copy of policies and practices of the provider related to these
5 services.
6 Section 2. This act shall take effect in 60 days.
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