(a)
This chapter applies to records of persons seeking, receiving or having
received mental health services from any facility as defined in section 103 of
the act (50 P. S. §
7103).
(b) Persons seeking or receiving services
from a mental health facility are entitled to do so with the expectation that
information about them will be treated with respect and confidentiality by
those providing services. Confidentiality between providers of services and
their clients is necessary to develop the trust and confidence important for
therapeutic intervention. While full confidentiality cannot be guaranteed to
everyone as a result of Federal and State statutes which require disclosure of
information for specific purposes, it remains incumbent upon service providers
to inform each current client/patient of the specific limits upon
confidentiality which affect his treatment when these limits become applicable.
When facilities are required by Federal or State statutes or by order of a
court to release information regarding a discharged patient, a good faith
effort shall be made to notify the person by certified mail to the last known
address.
(c) As used in this
chapter, "records" includes, but is not limited to, all written clinical
information, observations and reports or fiscal documents, relating to a
prospective, present or past, client or patient, which are required or
authorized to be prepared by the act or by the Mental Health and Mental
Retardation Act of 1966. This includes any central file of client/patient
records and reports which are required to be maintained by the Department's
regulations or other statutes and regulations regarding service content for
mental health programs. Every therapist who reports objective findings must
carefully consider the impact of placing in the records statements made
privately in therapy sessions.
(d)
Nothing in this chapter shall limit the facility's obligation to attempt to
obtain social history and other records necessary to properly treat an
involuntarily committed patient, or to obtain information on financial
resources or insurance coverage necessary to determine the liability for
services rendered.
(e) This section
applies to all records regarding present or former patients of mental health
facilities, including records relating to services provided under previous
mental health acts.
(f) Records of
a person receiving mental health services are the property of the hospital or
facility in which the person is or has received services. The person who is or
was receiving services shall exercise control over the release of information
contained in his record except as limited by §
5100.32 (relating to nonconsensual
release of information), and be provided with access to the records except to
the limitations under §
5100.33 (relating to patient's
access to records and control over release of records).
(g) The presence or absence of a person
currently involuntarily committed at a mental health facility is not to be
considered a record within the meaning of subsection (c) and such information
may be released at the discretion of the director of a facility in response to
legitimate inquiries from governmental agencies or when it is clearly in the
patient's best interest to do so.
(h) No document which was a public record
prior to the person's treatment shall become confidential by its inclusion in
the facility's records.
(i) When
information and observations regarding clients or patients are not made part of
a record, there remains a duty and obligation for staff to respect the
patient's privacy and confidentiality by acting ethically and responsibly in
using or discussing such information.