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§ 10101.2. Release of medical records

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: September 21, 2020

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 51. Minors' Consent to Medical Care (Refs & Annos)
Effective: September 21, 2020
35 P.S. § 10101.2
§ 10101.2. Release of medical records
(a) When a parent or legal guardian has consented to voluntary inpatient or outpatient mental health treatment of a minor under section 1.1,1 the following shall apply to release of the minor's medical records and information:
(1) The parent or legal guardian may consent to release of the minor's medical records and information, including records of prior mental health treatment for which the parent or legal guardian had provided consent, to the minor's current mental health treatment provider.
(2) If deemed pertinent by the minor's current mental health treatment provider, the release of information under this subsection may include a minor's mental health records and information from prior mental health treatment for which the minor had provided consent to treatment.
(3) The parent or legal guardian may consent to the release of the minor's mental health records and information to the primary care provider if, in the judgment of the minor's current mental health treatment provider, the release would not be detrimental to the minor.
(b) Release of mental health records and information under subsection (a) shall be limited to release directly from one provider of mental health treatment to another or from the provider of mental health treatment to the primary care provider.
(c) The parent or legal guardian who is providing consent to voluntary inpatient or outpatient mental health treatment of a minor under section 1.1 shall have the right to information necessary for providing consent to the minor's mental health treatment, including symptoms and conditions to be treated, medications and other treatments to be provided, risks and benefits and expected results.
(d) Except to the extent provided under subsection (a), (b) or (c), the minor shall control the release of the minor's mental health treatment records and information to the extent allowed by law. When a minor has provided consent to outpatient mental health treatment under section 1.1, subject to subsection (a)(2), the minor shall control the records of treatment to the same extent as the minor would control the records of inpatient care or involuntary outpatient care under the act of July 9, 1976 (P.L. 817, No. 143),2 known as the “Mental Health Procedures Act,” and its regulations.
(e) Consent to release of mental health records for all purposes and in all circumstances other than those provided for in this section shall be subject to the provisions of the “Mental Health Procedures Act” and other applicable Federal and State statutes and regulations.

Credits

1970, Feb. 13, P.L. 19, No. 10, § 1.2, added 2004, Nov. 23, P.L. 1149, No. 147, § 1, effective Jan. 24, 2005. Amended 2020, July 23, P.L. 647, No. 65, § 1, effective in 60 days [Sept. 21, 2020].

Footnotes

35 P.S. § 10101.1.
50 P.S. § 7101 et seq.
35 P.S. § 10101.2, PA ST 35 P.S. § 10101.2
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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